A book of evidence has been served on a man accused of membership of an unlawful organisation before the Special Criminal Court. James Joseph Cassidy, aged 53, of Tullycollive, Castleblayney, Co. Monaghan, is charged with membership of an organisation styling itself the Irish Republican Army on 21 September 2016. The State solicitor confirmed to the three-judge court that the book of evidence was ready for service on the accused. Mr Justice Tony Hunt, sitting with Judge John O'Hagan and Judge Ann Ryan, remanded Mr Cassidy on continuing bail. The case is listed for mention again on 24 April.
An Armagh man has been ordered to complete 240 hours of community service following his conviction for attempting to remove markers from diesel fuel. Paul Haughey, aged 36 and resident in Keady, pleaded guilty at Dublin Circuit Criminal Court to the offence, which occurred on 1 September 2011 at a property near Castleblaney, County Monaghan. Gardaí and customs officials conducted a surveillance operation and discovered over 13,000 litres of laundered diesel on the premises. The markers are used to differentiate between taxed diesel fuel and untaxed mineral oil, with significant tax rate variations between the two products. Judge Melanie Greally imposed the community service order in lieu of a one-year prison sentence, allowing Haughey eight months to complete the work. The judge noted he played a minor role in the operation and maintained an otherwise unblemished record in the jurisdiction. The defence submitted psychological evidence indicating Haughey was suffering severe depression and stressed his cooperation with investigating gardaí and his family responsibilities.
James Joseph Cassidy, aged 53, from Tullycollive in Castleblaney, County Monaghan, has been granted bail at the Special Criminal Court following his charge with membership of an unlawful organisation styling itself the Irish Republican Army. He was charged on 21 September this year. The State consented to his release, and he was ordered to sign on twice daily at Castleblaney garda station and observe a night-time curfew between 11pm and 7am. Mr Cassidy must not apply for travel documents, leave the jurisdiction or travel to Northern Ireland. He is also prohibited from engaging in political activity, associating with persons convicted or charged at the Special Criminal Court, and contacting proposed prosecution witnesses. Released on his own bond of €5,000, the case was remanded until 13 December for mention.
A jury at Dublin Circuit Criminal Court has acquitted a 34-year-old Armagh man of assaulting a former Republican prisoner, though the panel could not reach agreement on a charge against his father. Both Eugene Hanratty Jnr of Dundalk Road, Crossmaglen and Eugene Hanratty Snr of Castleblaney Road, Crossmaglen had pleaded not guilty to assaulting Martin McAllister causing him harm at Castleblaney, County Monaghan on 24 November 2012. The prosecution had argued the younger man was liable under the doctrine of joint enterprise despite not participating in the physical assault itself. After deliberating for two hours and five minutes, jurors found the younger accused not guilty. However, they were unable to reach a verdict regarding the senior accused, who is scheduled to return to court on 7 November. The judge discharged the jury and commended members for their service.
The trial of Eugene Hanratty Snr and Eugune Hanratty Jnr is ongoing at Dublin Circuit Criminal Court. Both defendants, from Crossmaglen, Co Armagh, have pleaded not guilty to the alleged assault of Martin McAllister causing him harm at Castleblaney, Co Monaghan, on November 24, 2012. The prosecution alleges that the younger accused blocked the victim's car with a jeep, after which his father exited the vehicle and assaulted Mr McAllister. The alleged victim testified that he suffered fractured nose and eye sockets during a sustained attack. Witness Mary McAllister described the senior accused as being in an "absolute mental frenzy," stating he struck her husband repeatedly on the head with fists and feet while she begged him to stop. She claimed the younger accused remained in the vehicle until later intervening to tell his father he had gone too far. Defence counsel characterized the incident as a dispute over shooting rights at a nearby duck sanctuary, suggesting the victim initiated the confrontation. While the defence alleged the victim discharged a pistol, which the accused then destroyed, the witness denied this. Garda witnesses testified that initial reports of a shooting incident were not corroborated by other officers. The matter remains at the trial stage with no verdict or sentence recorded.
Eugene Hanratty Senior and Eugene Hanratty Jnr are standing trial at Dublin Circuit Criminal Court, accused of assaulting Martin McAllister causing him harm at Castleblaney, Co. Monaghan on November 24, 2012. Both defendants have pleaded not guilty to the charges. The trial is currently ongoing before Judge Martin Nolan and a jury, with the matter not yet finalised. Mr. McAllister alleged that the younger accused blocked his vehicle with a jeep, after which the senior accused exited and subjected him to a sustained assault, resulting in fractured nose and eye sockets. He denied striking the first blow or producing a pistol, as suggested by defence counsel Garnet Orange SC. Mr. McAllister stated that commenting on the legitimacy of the senior accused's oil business would be "very dangerous." He also referenced his past, noting he was sentenced to ten years in 1974 for firearms offences, which he described as ancient history. The defence suggested the incident stemmed from a dispute over shooting rights in a duck sanctuary. The trial continues.
Paul Haughey, a 36-year-old father-of-five from Keady, Co Armagh, pleaded guilty at Dublin Circuit Criminal Court to one count of attempting to remove markers from gas oil without the consent of the Revenue Commissioners on September 1, 2011. Prosecutors stated that markers differentiate diesel from mineral oil, noting the significant tax disparity between the two fuels at the time. Detective Garda Paul Kane testified that Haughey was observed entering a property near Castleblaney, Co Monaghan, with another man to launder diesel before armed gardaí and customs officials raided the site. Over 13,000 litres of laundered diesel were discovered, and Haughey was stopped by an armed garda as he attempted to flee. Defending counsel Michael O'Higgins SC argued that Haughey played a minor role, cooperated fully with gardaí, and suffered from severe depression, requesting a non-custodial sentence such as community service. He also highlighted that the case had been delayed for five years. Judge Melanie Greally described the offence as one requiring a serious sanction to deter similar behavior. She ordered a community services report and adjourned the matter for sentencing on December 19.
A man convicted of leading a jewellery store robbery in Castleblayney has had his prison sentence reduced on appeal. Moise Rostas, aged 25, pleaded guilty at Monaghan Circuit Criminal Court to stealing €20,000 worth of jewellery from McGuigan's Jewellers on Main Street on 28 December 2012. He was sentenced to three years imprisonment in January 2016. The Court of Appeal reduced his term, suspending the final nine months subject to payment of €5,000 compensation. Mr Justice Alan Mahon found the sentencing judge erred by suggesting the shopowner and employee were present during the theft, when they had not been. The judge noted Rostas had no previous convictions and was already demonstrating rehabilitation in custody. The Court of Appeal imposed a two-year good behaviour bond on release. The jewellery was never recovered. Following the robbery, the business subsequently closed.
Eugene Hanratty Senior, aged 57, of Castleblaney Road, Crossmaglen, and Eugene Hanratty Junior, aged 34, of Dundalk Road, Armagh, face charges of assault causing harm to a man in Castleblaney, County Monaghan on 24 November 2012. The trial of the father and son was scheduled to commence this week at Dublin Circuit Criminal Court but could not proceed. Defence counsel cited particular reasons for the adjournment. Judge Sarah Berkeley rescheduled the trial to commence on 25 October, with a pre-trial hearing set for June. Both men were charged following the alleged assault in the Monaghan locality.
In 2015, approximately 350 people were serving life sentences in Irish prisons, with life terms averaging around 18 years. However, a select number of prisoners have served substantially longer. John Shaw and Geoffrey Evans, convicted in 1978 of abducting, raping and murdering two women in 1976 and 1977, received life sentences. Evans died in 2012 after 34 years in custody. Shaw remains imprisoned after nearly 38 years. Jimmy Ennis, now aged 84, is Ireland's longest-serving prisoner, having been incarcerated over five decades for a 1964 murder in County Cork. Noel Callan from Castleblayney, County Monaghan, and Michael McHugh were sentenced to death in 1985 for the killing of Sergeant Patrick Morrissey near Tallanstown, County Louth. Their sentences were commuted to 40 years imprisonment and both were released in 2015 after 30 years. Colm O'Shea and Patrick McCann received death sentences in 1980 for murdering two gardaí during a bank robbery in Ballaghedereen, County Roscommon, later commuted to 40 years. Both were released in 2013 after serving 33 years.
Michael McHugh, convicted of the 1985 murder of Garda Sergeant Patrick Morrissey, has lost a High Court action seeking his immediate release from prison. McHugh, with an address in County Armagh, was sentenced to death for the killing, which occurred following an armed robbery at Ardee Labour Exchange in County Louth. His sentence was subsequently commuted to 40 years penal servitude. McHugh argued he was entitled to credit for five months spent in pre-trial custody between July and December 1985, contending this entitled him to release after 30 years served. Mr Justice Paul McDermott dismissed the action, finding the court had no function in compelling the Minister for Justice to grant further sentence remission or commutation. The judge stated the Minister retained discretion to consider McHugh's claim but was not obliged to do so, and was entitled to consider the gravity of the offence. McHugh has served his sentence at Portlaoise Prison and is due for release in December. A related action remains pending before the High Court.
Michael McHugh, convicted in 1985 of the murder of Garda Sergeant Patrick Morrissey, is seeking immediate release from Portlaoise Prison in High Court proceedings against the Governor, the Minister for Justice, the Irish Prison Service, and the DPP. McHugh was originally sentenced to death, a penalty commuted to 40 years' penal servitude by President Patrick Hillery. He argues that he is entitled to credit for five months of pre-trial custody served between July and December 1985, which would mean his sentence expired on July 1, 2024. The State parties oppose the application, contending that McHugh has no automatic entitlement to this credit and that the authorities lack the power to adjust the sentence given the original death penalty. McHugh's counsel, Micheal Ó Higgins SC, submitted that the decision to ignore those months was wrong and that the failure to grant credit breaches his rights to natural and constitutional justice. He also challenges the rejection of his pre-release programme application. The defendants argue that McHugh does not have the power to take the five months into account as the original court sentence imposed was the death penalty. The hearing before Mr Justice Paul McDermott continues.
A 45-year-old man from Castleblayney, County Monaghan, has been sentenced to two and a half years' imprisonment following his conviction for drug trafficking. At Dublin Circuit Criminal Court, Mark Donnelly pleaded guilty to possession of 37 kilograms of cannabis resin on the M1 in north Dublin on 13 February 2014. The drugs carried an estimated street value of €221,400. Donnelly told gardaí he had agreed to transport the narcotics to settle a debt owed to a man who had threatened him. His legal team presented character references from former employers and community members, noting his background as a self-employed joinery worker and involvement with his local hurling club. Judge Martin Nolan described him as a hard-working family man and first-time offender who had made a grave error of judgement under pressure. Detective Garda Eoin Roche confirmed that gardaí, acting on confidential information, intercepted the van as it travelled south from County Louth.
Paul Haughey, a 35-year-old water meter installer and company director, appeared at Dublin Circuit Criminal Court where the State withdrew its case against him. He had been charged in the District Court last year with removing or attempting to remove a prescribed marker from mineral oil without the consent of the Revenue Commissioners. The alleged offence occurred on September 1, 2011, at Corragarry, Castleblayney, Co Monaghan. Gardaí alleged that Haughey was caught standing on a tanker containing 30,000 litres of diesel, with a potential exchequer loss of €15,000. A search of the yard revealed €110,000 litres of diesel, representing a potential €55,000 loss. Authorities alleged the yard had a capacity to produce 18 million litres of fuel annually, with a total possible loss to the State of €9 million. The offence carried a maximum fine of €10,000 and a sentence of five years in prison on conviction. At the hearing, counsel for the Director of Public Prosecutions stated she was not proceeding with the case and applied to strike out the charge. Judge Patricia Ryan agreed to strike out the charge and adjourned the matter until April 24 next, when an application for costs will be heard. No reason was given for the strike-out. Previously, a District Court judge had deferred a decision on granting legal aid to Haughey after noting his firm held a three-year contract with Dublin City Council for installing water meters.
At the High Court, a matter concerning Jim McConnon and the Official Assignee was adjourned to a date after the Easter holidays. Mr McConnon, a Co Monaghan shopkeeper adjudicated bankrupt in July last year following a €32m judgement by Zurich Bank (now Dunbar Assets Ireland), seeks permission to sue real estate company CBRE. He alleges CBRE negligently valued two sites near Castleblayney at €30m in 2007, a figure he claims was 940% of the true market value, which an independent valuer recently assessed at €3m. Relying on these reports, Mr McConnon borrowed €32m to develop a shopping centre but failed to repay the loans. He also alleges personal injury and defamation against CBRE. As an undischarged bankrupt, Mr McConnon requires the Official Assignee's permission to proceed under Section 44 of the Bankruptcy Act. The Official Assignee, Mr Chris Lehane, stated his office requires a surety before allowing the action to continue, citing potential cost implications for the taxpayer if the claim fails. Mr McConnon's counsel, Vincent P Martin, argued that his client has a constitutional right to proceed even without providing a surety. The judge adjourned the matter to a date after the Easter holidays.
A 34-year-old businessman from Armagh has been charged in connection with an alleged diesel laundering operation worth approximately €9 million annually. The man, a company director with an address in Crossmaglen, was arrested by appointment in Dublin and charged under the Finance Act in relation to an alleged incident at Castleblayney, County Monaghan, in September 2011. Gardaí alleged he was found red-handed at a yard during surveillance, with large quantities of green diesel and laundering equipment present. The operation was said to be capable of processing 18 million litres of diesel per annum, resulting in substantial revenue loss. The Director of Public Prosecutions has directed trial on indictment, meaning the case will proceed to Circuit Court level. Dublin District Court set bail with strict conditions, including a €7,500 personal bond, a €15,000 independent surety, and passport surrender. He was remanded in custody pending a further hearing at Cloverhill District Court on 14 January.