Court archive

Court reports mentioning Inniskeen, Monaghan

2022-11-15 · Monaghan

Family of UDR man murdered by IRA granted access to court file

The President of the High Court, Mr Justice David Barniville, granted an application by Jim Elliott, acting for the family of Corporal James Elliott, to access the Special Criminal Court file from a 1972 trial. The order, issued at the sentence stage of the underlying 1972 proceedings, directs that the Elliott family's lawyers receive the original file and a copy within seven days. The 1972 trial involved Brendan Finnegan and Patrick Lynch, who were convicted of conspiring to commit an explosion and possessing explosives. Finnegan was sentenced to nine months' imprisonment, while Lynch received a 15-month sentence. The family alleges these convictions are linked to the 1972 kidnapping and murder of their father, a part-time Ulster Defence Regiment corporal, by the Provisional IRA. Although other charges, including conspiracy to commit murder, were reportedly dropped, the family has never been informed of the trial until 2005. The court found that providing access to the file supports the legacy process and commitments under the Good Friday Agreement. The application was opposed by no party; the Courts Service, the DPP, the Garda Commissioner, and the Minister for Justice did not object. The judge described the murder as horrendous and ruled that making the file available was in the interests of justice. The matter was not adjourned; the order was finalised with specific directions for file delivery.

2016-10-26 · Dublin

Nursing home manager jailed for stealing €45k from patient

A former nursing home manager has been sentenced to 15 months imprisonment at Dublin Circuit Criminal Court for stealing €45,000 from a vulnerable patient. Maeve Bell, formerly of Inniskeen, County Monaghan, pleaded guilty to 15 counts of theft committed between July 2013 and October 2014 while employed as clinical manager at Elmhurst nursing home in Glasnevin, Dublin. Bell misappropriated funds from the resident's comfort account by making unauthorised withdrawal requests and, on several occasions, using the patient's bank card to withdraw cash. The thefts, ranging from €600 to €1,800 per occasion, totalled €38,000 from the nursing home account and €7,000 from a Bank of Ireland account. The offences came to light when the resident raised concerns about depleted account funds. Judge Martin Nolan noted Bell acted under financial hardship but emphasised the abuse of her position of authority. He expressed concern that the resident remained uncompensated and suggested gardai refer the matter to the relevant Ombudsman.

2016-07-29 · Dublin

Probation Act for man who shot burglar at elderly father's farm

At Dublin Circuit Criminal Court, Judge Martin Nolan applied the Probation Act to Richard Lowndes (51), of Inniskeen, Co Monaghan. Lowndes pleaded guilty to the lesser offence of unlawful possession of a shotgun without a firearms certificate at Kilsallaghan on April 12, 2012. The original charge of reckless discharge was dropped by the Director of Public Prosecutions. The court heard that Lowndes, a long-distance haulage driver and father of five, used his elderly father's legally held shotgun to pursue a burglar. Judge Nolan noted his sympathy for rural dwellers at risk of burglary but warned Lowndes against acting while upset. Separately, the report details the prior sentencing of Matthew Fahey (36), previously of Finglas. Last year, Fahey received a six-year sentence with four years suspended after pleading guilty to the burglary at Kilsallaghan and another at Milrace, Rolestown, Swords, on the same date. He also admitted to a spate of burglaries and car thefts between January 2010 and April 2012, with 61 previous convictions mainly for theft, burglary, and stealing cars.

2015-11-27 · Monaghan

Armagh ATM accused is legally detained, judge rules

The High Court has ruled that Adam Grant, a 24-year-old from Silverbridge, Co Armagh, is being legally detained. Mr Justice Richard Humphreys dismissed Mr Grant's challenge to the legality of his detention under Article 40 of the Constitution. Mr Grant was remanded in custody to Cloverhill Prison by District Justice Denis McLoughlin at Monaghan District Court following his arrest. He is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and possession of stolen property. The case arose after Justice McLoughlin refused bail, citing that Mr Grant was considered a flight risk by the Gardaí. Mr Grant's counsel, Colman Fitzgerald SC, argued that the District Judge failed to apply the correct Supreme Court criteria for bail refusal. However, Kieran Kelly BL, representing the State, contended that the detention was lawful and that the appropriate remedy for any errors was to apply for bail in the High Court or seek judicial review, rather than an Article 40 inquiry. Justice Humphreys agreed, stating that the inquiry was dismissed because the correct procedural avenues were not pursued. The judge further noted that any minor errors in the detention warrant did not affect the validity of Mr Grant's current custody. The matter was concluded with the court upholding the lawfulness of the detention.

2015-11-11 · Armagh

ATM accused's detention is legitimate, State tells High Court

The High Court has adjourned a constitutional challenge brought by Adam Grant, a 24-year-old from Silverbridge, Co Armagh, regarding the legality of his detention. Grant, who is charged with causing £12,000 worth of criminal damage to an ATM containing £52,000 and possession of stolen property, was remanded in custody to Cloverhill Prison after District Justice Denis McLoughlin refused his bail application at Monaghan District Court. Grant's legal team, led by Colman Fitzgerald SC, argued that the District Judge failed to apply correct Supreme Court criteria for bail refusal. The State, represented by Kieran Kelly BL, contended that Grant's detention is lawful, citing that bail was opposed due to flight risk concerns raised by the Gardaí. The State further argued that the application was not an appropriate case for an Article 40 inquiry. Justice Richard Humphreys, who noted the case raised weighty legal issues, adjourned the matter until Friday to allow for further consideration. The procedural stage remains an ongoing inquiry into the legality of detention, with the case explicitly adjourned rather than concluded.

2015-11-09 · Armagh

Armagh man charged over ATM theft seeks inquiry into lawfulness of detention

A 24-year-old man from County Armagh has sought a High Court inquiry into the lawfulness of his detention following charges related to an ATM incident in Inniskeen, County Monaghan. The accused was remanded in custody to Cloverhill Prison after appearing before Monaghan District Court, where an application for bail was refused. He faces charges of criminal damage to an ATM and possession of stolen property. His legal representatives contended before the High Court that the District Court did not apply the correct legal criteria established by the Supreme Court when deciding to refuse bail. Mr Justice Richard Humphreys opened the Article 40 inquiry on Monday. Following discussions between counsel for the accused and the State, the inquiry was adjourned to Wednesday afternoon to allow the State additional time to respond to the claims raised.