A 44-year-old man from County Monaghan has been convicted of membership of an unlawful organisation styling itself the Irish Republican Army by the Special Criminal Court. Jim Smyth, with an address at Aghalissabeagh, Scotstown, had pleaded not guilty to the charge relating to November 25, 2015. The three-judge court heard evidence that Smyth was using his own land and land belonging to his mother-in-law at Knockatallon for dissident activity. Chief Superintendent Christopher Mangan gave evidence of his belief that Smyth was an IRA member on the date in question. Detective Sergeant Gerard O'Doherty testified that he encountered Smyth on the laneway near derelict houses during a search operation and subsequently arrested him. During garda interviews conducted under the Offences Against the State Act, Smyth declined to answer numerous questions regarding specific items discovered after his arrest. Ms Justice Isobel Kennedy, presiding, said the court accepted Chief Superintendent Mangan's evidence and was entitled to draw inferences from Smyth's failure to answer material questions. Smyth was remanded in custody pending sentencing on June 19.
James Joseph Cassidy, aged 53 and resident of Tullycollive in Castleblayney, Co. Monaghan, has been charged with membership of an unlawful organisation styling itself the Irish Republican Army. The alleged offence occurred on 21 September 2016. At the Special Criminal Court, Ms Justice Isobel Kennedy set a trial date of 18 June 2018. Mr Cassidy was remanded on continuing bail pending the commencement of proceedings.
A man from County Monaghan has completed trial at the Special Criminal Court on a charge of membership of an unlawful organization styling itself the Irish Republican Army. Jim Smyth, aged 44, with an address at Aghalissabeagh, Scotstown, has pleaded not guilty to the charge relating to 25 November 2015. During closing arguments, the defence barrister characterised the prosecution case as a farce, arguing his client had legitimate reason to be present on land near his mother-in-law's house on the night in question. The prosecution maintained its case rested on three pillars, including circumstantial evidence and inferences drawn from the accused's refusal to answer certain questions during garda interviews conducted under the Offences Against the State Act. The three-judge panel, presiding judge Justice Isobel Kennedy sitting with Judge Sinéad Ní Chúlacháin and Judge James Faughnan, will deliver their verdict on 1 June.
The Special Criminal Court trial of Jim Smyth, 44, of County Monaghan, has heard evidence regarding his alleged membership of the Irish Republican Army (IRA) on November 25, 2015. Mr Smyth, who pleaded not guilty to the charge of membership of an unlawful organization, is accused of being part of the IRA, also known as Oglaigh na hEireann. Prosecution counsel Shane Costello SC outlined that senior gardai convened a meeting at Monaghan garda station shortly before the arrest, briefing officers on confidential information regarding Mr Smyth's activities. The court heard that Detective Garda Alan O'Connor observed the accused exiting a vehicle near derelict houses at Knockatallon, where he was subsequently arrested by Detective Sergeant Gerry Doherty. Portions of Mr Smyth's Section 2 interviews were read into evidence, revealing that while he denied being an IRA quartermaster, he made no response to questions concerning specific items found after his arrest. He also declined to answer inquiries about whether a laneway accessed an IRA storage dump, if he used a shed in his capacity as a member, or if certain houses served as a forward operating base or rendezvous point for attacks in Northern Ireland. The trial is presided over by Ms Justice Isobel Kennedy, sitting with Judges Sinéad Ní Chúlacháin and James Faughnan, and resumes tomorrow.
The Special Criminal Court has ruled that the arrest of a Monaghan man charged with IRA membership was lawful. Jim Smyth, aged 44, of Aghalissabeagh, Scotstown, County Monaghan, has pleaded not guilty to membership of an unlawful organization styling itself the Irish Republican Army. The prosecution alleges that Mr Smyth used his own land and land belonging to his mother-in-law for IRA activities on 25 November 2015. His legal representatives had challenged the lawfulness of his arrest, arguing he had been arrested for the same offence on 29 January that year. Presiding Justice Isobel Kennedy found no connection between the investigation into the alleged activities on the date in question and the earlier arrest on suspicion of IRA membership. The trial continues before Ms Justice Kennedy, sitting with Judge Sinéad Ní Chúlacháin and Judge James Faughnan.
A 44-year-old man from Scotstown, County Monaghan, has pleaded not guilty to membership of an unlawful organization styling itself the Irish Republican Army at the Special Criminal Court. The accused, Jim Smyth of Aghalissabeagh, faces an allegation dating to November 25th, 2015. During a voir dire hearing to determine the legality of his arrest, Detective Chief Superintendent Tom Maguire told the court that Mr Smyth was suspected of using his own land and his mother-in-law's property at Knockatallon for IRA activities. Detective Sergeant Gerard O'Doherty described confronting a man on the laneway at approximately 9pm, drawing his firearm and identifying him as Mr Smyth. When asked his whereabouts, the accused stated he had been attending Mass and was present to check on horses. The detective expressed concern about the explanation given the darkness and overgrown conditions. Ms Justice Isobel Kennedy, presiding with two other judges, is expected to rule tomorrow on whether the arrest was lawful. The trial continues.
A Monaghan man has pleaded not guilty to membership of an unlawful organization styling itself the Irish Republican Army before the Special Criminal Court. Jim Smyth, aged 44, with an address at Aghalissabeagh, Scotstown, is accused of IRA membership on November 25th, 2015. The prosecution opening heard that gardaí conducted an operation near two derelict houses at Knockatallon, County Monaghan, following a briefing by senior officers at Monaghan Garda Station. A detective garda gave evidence of observing Mr Smyth walking up a laneway at approximately 9:25pm before his arrest by Detective Sergeant Gerry Doherty. The prosecution outlined that interviews conducted under the Offences Against the State Act would be heard, along with evidence from a seven-day search following his arrest. A fingerprint matching Mr Smyth's was found on a medicine pillbox recovered during the search. The trial, before Ms Justice Isobel Kennedy and two other judges, continued.
Jim Smyth, a 43-year-old man from County Monaghan, is scheduled to face trial at the Special Criminal Court on May 15th. He is charged with membership of an unlawful organization, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015. The allegations stem from his arrest in Carrickmacross by the Special Detective Unit in November 2015, which was part of ongoing investigations into dissident republican activity. During these operations, gardai discovered a cache of firearms, including AK47 assault rifles, mortars, detonators, and other IED components. Mr Justice Tony Hunt, presiding at the three-judge court, fixed the trial date, which is expected to last two weeks. The matter was not concluded; instead, Mr Smyth was remanded on continuing bail until the start of his trial. No plea, finding, or sentence has been recorded at this procedural stage, as the case remains at the pre-trial phase with the trial date set for next month.
The Court of Appeal has dismissed the appeal against the conviction of Sabrina Cummins, who was found guilty by a jury at the Central Criminal Court of murdering Thomas Horan (63) at Cambridge Court, Ringsend, on January 6, 2014. Ms Cummins, then 37, had pleaded not guilty to the charge. Her brother, Kenneth Cummins (29), also pleaded not guilty initially but changed his plea to guilty towards the end of the trial. On November 20, 2015, Mr Justice Tony Hunt sentenced Ms Cummins to a mandatory life term. In her appeal, Ms Cummins' counsel argued that the trial judge improperly pressured her to resume cross-examination after she declined to take the witness box on a subsequent date. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, rejected this ground, stating that once an accused chooses to give evidence, they are required to make themselves available for cross-examination to protect the integrity of the trial process. The court also affirmed the decision to conduct a joint trial, noting the prosecution case of joint enterprise. All substantive grounds of appeal were rejected. Regarding the trial judge's description of Ms Cummins as a "brazen, hard-nosed liar," the appellate court held it improper to critique such remarks given the mandatory nature of the life sentence. The court noted a recent probation report was positive in tone.
At the Central Criminal Court, Michael McCarville, aged 49, from Longfield, Lisboduff, Cootehill, County Cavan, has been sentenced to 20 years imprisonment for the sexual abuse of seven siblings over an 18-year period beginning in 1982. McCarville pleaded guilty in December to 52 sample charges including rape and indecent assault, arising from a total of 187 counts. The offences occurred on a family farm where he worked as a labourer, with victims aged between seven and thirteen at the time of initial abuse. The attacks continued until 1999 and took place in various locations including farm buildings and the family home. During sentencing at the Central Criminal Court, Mr Justice Patrick McCarthy noted the seriousness of the crimes, describing them as a grave breach of trust, though he credited the guilty plea. Five of the seven adult victims presented impact statements to the court. McCarville has been ordered to complete five years post-release supervision following his sentence.
A 53-year-old Cork man has been sentenced to four-and-a-half years imprisonment for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address at Blackwater Grove, Togher, Cork, was convicted by the non-jury Special Criminal Court in February following trial. The court found McHale travelled to Monaghan in a van containing approximately 500 kilogrammes of agricultural fertiliser. He had initially denied knowledge of the contents, claiming to gardaí he had borrowed the van for a drinking session. However, forensic evidence recovered from a glove in the van established both fertiliser residue and McHale's DNA. The Special Criminal Court panel, presided over by Ms Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, determined that McHale's statements to gardaí were false and misleading and that he was a trusted transporter of the material. McHale refused to identify the van's owner. Evidence from Assistant Commissioner Michael Finn indicated McHale was an IRA member.
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.
A 53-year-old Cork man has been remanded in custody pending sentencing following his conviction for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address in Togher, Cork, was convicted by the Special Criminal Court last month after denying the charge. He had claimed to gardaí that he travelled to Monaghan for a social visit and was unaware of approximately 500 kilogrammes of agricultural fertiliser found in a van he was driving. Detective gardaí observed McHale and another man acting suspiciously at a filling station in the Monaghan area, which was under surveillance for dissident activity. Following a search, the fertiliser was discovered in the vehicle. Forensic analysis later identified McHale's DNA and fertiliser traces on a glove found in the van. The court found his account false and misleading. Assistant Commissioner Michael Finn gave evidence that he believed McHale to be an IRA member based on reliable information. McHale will be sentenced on 16 March.
A Cork man has been convicted of membership of the Irish Republican Army at the Special Criminal Court following a trial centred on the discovery of half-a-tonne of fertiliser in a van he was driving in Monaghan. Martin McHale, aged 53, had pleaded not guilty to the charge. The court heard that McHale told gardaí he had travelled to Monaghan for a social visit and was unaware of the ammonium nitrate-based fertiliser bags found in the borrowed vehicle. Detective gardaí became suspicious after observing two men in a van at a filling station in Monaghan town on the night in question, and subsequent searches revealed ten 50kg bags of fertiliser. Ms Justice Isobel Kennedy found McHale guilty, stating the three-judge court was satisfied the prosecution proved its case beyond reasonable doubt. The judge determined McHale's account lacked credibility and noted his failure to answer material questions during garda interviews. McHale was remanded on continuing bail pending sentencing on March 6th.
The High Court heard an application on Monday seeking to extend the bankruptcy of a County Monaghan farmer by ten years. John Hoey, from Carrickmacross, was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000 and was due for discharge this month. The Official Assignee, Chris Lehane, represented by Bernard Dunleavy SC, contends that Mr Hoey has failed to cooperate with the bankruptcy process and seeks an order under the 2015 Bankruptcy (Amendment) Act to extend the bankruptcy by a decade, the maximum extension allowable being fifteen years from adjudication. Appearing in person, Mr Hoey requested an adjournment, stating he had only recently received documentation and was securing legal representation. Mr Justice Paul McDermott adjourned the matter to after Easter and made a temporary extension order pending the court's next sitting.
At the Special Criminal Court in Dublin, closing arguments concluded in the trial of a Cork man charged with membership of an unlawful organisation styling itself the IRA. Martin McHale, aged 53, of Blackwater Grove, Togher, Cork, has pleaded not guilty to the charge relating to 2 November 2013. Prosecution counsel Anne-Marie Lawlor contended that Mr McHale's account to gardaí—that he travelled to Monaghan for a social occasion unaware of ten bags of nitrogen fertiliser in the van—was false and deliberately misleading. She highlighted inconsistencies in his statements, his refusal to identify the van's owner, and DNA evidence on gloves recovered from the vehicle. The defence argued Mr McHale cooperated fully with gardaí and may have been unknowingly used by others. The three-judge court, presiding Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, will deliver judgment on 22 February.
The Special Criminal Court trial of Martin McHale, 53, of Cork, continues before Ms Justice Isobel Kennedy and two other judges. McHale has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 2nd, 2013. The prosecution alleges he was involved in nefarious activities associated with IRA membership. Assistant Garda Commissioner Michael Finn testified that he "100%" believed McHale was an IRA member, based on material he claimed privilege over for State security reasons. Finn stated his opinion was formed through "common sense" and 35 years of police work, noting that disclosing the underlying intelligence would risk lives and ongoing operations. Detective Inspector Bill Hanrahan provided evidence that McHale had attended court in 2005 during the prosecution of Don Bullman, who was subsequently convicted of IRA membership and jailed for four years. Hanrahan also noted that three individuals, including Paul Walsh, visited Monaghan Garda station the day after McHale's arrest seeking to speak with him. Forensic Science Ireland's Dr Edward Connolly testified that a DNA profile matching McHale was found on green gardening gloves removed from the van, while DNA on the fertiliser bags came from an unknown male source. The trial was adjourned and continues tomorrow.
A 53-year-old Cork man accused of membership of an unlawful organisation styling itself the Irish Republican Army has pleaded not guilty to the charge. The Special Criminal Court in Dublin heard that Martin McHale told gardaí he travelled to Monaghan in November 2013 for "a drinking session" and was unaware that a borrowed van contained bags of nitrogen fertiliser. Detective Garda Emmett Ryan told the court he became suspicious when Mr McHale and another man could not adequately explain their presence at a filling station in Monaghan town, an area monitored for dissident activity. Gardaí subsequently discovered fertiliser in the vehicle. Dr Thomas Hannigan of Forensic Science Ireland gave evidence that the material contained 79 per cent ammonium nitrate by weight and could be used as an ingredient in improvised explosive mixtures, though he could not determine the material's intended purpose. Mr McHale denies IRA membership and political involvement. The three-judge trial continues.
The Special Criminal Court has heard evidence in the ongoing trial of Martin McHale, a 52-year-old Cork man who has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The prosecution alleges McHale was involved in nefarious activities associated with IRA membership. Testimony from Detective Garda Emmett Ryan detailed an incident on November 1st, 2013, where McHale was found in a blue Hiace van at a Monaghan filling station. The van contained bags of nitrogen fertiliser, a component of homemade explosives. Gardaí checked the PULSE system and found intelligence entries linking McHale to individuals previously convicted of IRA membership, including Don Bullman, who was convicted by the Special Criminal Court in 2007 of IRA membership and jailed for four years. Prosecuting counsel Anne-Marie Lawlor BL stated the primary strand of the case will rely on evidence from Assistant Commissioner Michael Finn, who believes McHale was an IRA member on the date in question. The court will hear from seven garda interviews where McHale refused to answer questions about the van. The trial continues before Ms Justice Isobel Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton.
A judicial review challenge to An Bord Pleanála's approval of a North-South electricity interconnector has been brought before the High Court. The applicant, David Malone, seeks to have the board's December 2016 decision quashed. The proposed interconnector is to extend from Batterstown in Meath to Turleenan in County Tyrone, comprising almost 300 pylons across Meath, Cavan and Monaghan. Mr Malone contends the decision is unlawful and breaches national and EU law, citing failures to implement Environmental Impact Assessment directives and Planning and Development Act provisions, along with non-compliance with EU Public Participation Directives. EirGrid, the infrastructure operator, is a notice party. Mr Justice Seamus Noonan heard the application on Monday and adjourned the matter for one week to permit technical amendments to the statement of grounds. The interconnector proposal faced objections from approximately 200 landowners citing health and environmental concerns.
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.
The Court of Appeal has rejected claims that prosecutors improperly handled plea negotiations during the murder trial of Darren Wynne. Wynne, aged 23 from Ballyroe, Athy, County Kildare, was convicted of murdering Jamie Lindsay at Coney Green, Athy on 6 April 2013 and received a mandatory life sentence in July 2014. Two co-accused, Quentin Monaghan and James Seery, both aged 23, pleaded guilty to manslaughter during proceedings and received eight and seven years' imprisonment respectively, with portions suspended. Wynne's appeal argued that the timing of his co-accuseds' pleas—entered after gardaí interview memos were admitted—prejudiced his defence and warranted a retrial. Mr Justice George Birmingham, sitting with two colleagues, dismissed the appeal, characterising the allegations of prosecution misconduct as an "unsupported assertion". The court found no evidence of improper conduct and upheld the conviction.
The Court of Appeal heard an appeal by Darren Wynne, who was found guilty by a jury of murdering Jamie Lindsay at Coney Green, Athy, on April 6, 2013, and sentenced to life imprisonment by Mr Justice Garrett Sheehan in July 2014. Wynne's counsel, Damien Colgan SC, alleged that the Director of Public Prosecutions ambushed his client by allowing co-accused Quentin Monaghan and James Seery to plead guilty to manslaughter only after key evidence was admitted. Colgan argued this timing prejudiced Wynne's provocation defence and requested the conviction be quashed for a retrial. Monaghan was sentenced to eight years' imprisonment with two suspended, while Seery received seven years with three suspended. Counsel for the DPP, Alex Owens SC, rejected these claims as wild allegations, stating there was no evidence of misconduct and that the evidence against Wynne was overwhelming. The court, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Patrick McCarthy, reserved its judgment. The matter was adjourned pending the decision.
A 34-year-old Mauritian man has been sentenced to two months in custody at Dublin Circuit Criminal Court following his guilty plea to three counts of deception. Resen Modeley facilitated marriages of convenience between Irish residents and European Union nationals, charging €7,000 per arrangement. He admitted to securing false employment letters submitted with three separate intention-to-marry applications filed with civil registrars in Monaghan, Dublin, and Naas in May 2015. Judge Pauline Codd suspended the remainder of a two-year sentence on condition that Modeley depart Ireland upon release and remain outside the country for five years. A deportation order was granted. The investigation, initiated following the discovery of the bogus marriages, led gardaí to arrest Modeley at his home in November 2015. He cooperated during questioning and was assessed as having no entitlement to remain in the jurisdiction.
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.
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.
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 52-year-old man from Cork will stand trial at the Special Criminal Court in 2017 on charges relating to membership of an unlawful organisation and possession of an explosive substance. Martin McHale, of Blackwater Grove, Togher, is alleged to have been a member of the Irish Republican Army on November 1st, 2013. He is also charged with possessing an explosive substance—ten sealed bags containing ammonium nitrate and calcium carbonate—discovered at Mall Road, Tirkeenan, County Monaghan, on the same date. The Special Criminal Court set a trial date of February 13th, 2017, with proceedings expected to span two weeks. McHale was remanded to face trial on the charges brought against him.
Ms Justice Caroline Costello has lifted freezing orders on bank accounts at the High Court following agreement by the account holders to transfer funds to the Official Assignee. The monies, totalling over €85,000 in cheques made payable to a bankrupt County Monaghan farmer, had been lodged into accounts held by third parties. The Official Assignee, Chris Lehane, obtained the freezing orders in late August after the farmer's bankruptcy declaration, concerned the deposits represented attempts to place funds beyond the reach of his office. Cheques exceeding €55,000 were lodged to Navan Fruit Co Ltd at an Ulster Bank branch in County Louth, whilst over €31,000 was deposited to an account in the name of Tony Walsh trading as Breathnach Bargains at a Dublin branch of Bank of Ireland. Both account holders agreed to release the funds, with Walsh committing to pay €20,000 within one week and the remainder within two weeks. Ms Justice Costello vacated the freezing orders and adjourned the matter.
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.
A High Court judge has referred legal questions to the Court of Justice of the European Union regarding cost allocation in proceedings connected to the north-South electricity interconnector project. Mr Justice Richard Humpreys made the referral on Friday following a May judgment in which he dismissed a challenge by the North East Pylon Pressure Campaign Ltd, representing approximately 200 landowners in Cavan, Monaghan, and Meath, against An Bord Pleanála's decision to hold an oral hearing. The hearing, which opened in Carrickmacross in March, concerns EirGrid's application to construct approximately 300 pylons as part of the proposed interconnector under Strategic Infrastructure Development legislation. The judge determined that the cost applications raise issues requiring clarification on the application of European law, specifically the Environmental Impact Assessment directive and the Aarhus Convention on environmental access to justice. An expedited preliminary ruling has been requested. The costs applications have been adjourned pending the European court's decision.
The Court of Appeal has overturned a Circuit Court ruling that a man was unfit to stand trial for dangerous driving causing death. Robert Harrison, aged 25, of Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a passenger died and another was seriously injured. Judge Pauline Codd had determined in July 2014 that Mr Harrison was unfit to be tried. The Director of Public Prosecutions appealed that determination. Mr Justice John Edwards, delivering judgment, found the original ruling was erroneous in principle. He stated that the trial judge had conflated the question of fitness to plead with whether a fair trial could be afforded, and that the public interest in prosecution had not been properly weighed against the defendant's trial rights. The court indicated the case should proceed to trial, with the trial judge to review its viability. Mr Harrison was remanded on bail pending the next sitting of Cavan Circuit Criminal Court in November.
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.
The High Court has dismissed an action brought by the North East Pylon Pressure Campaign seeking to halt an oral hearing into EirGrid's application to construct approximately 300 pylons for the proposed North-South electricity interconnector. Mr Justice Richard Humphreys refused permission for the challenge on Thursday, finding that intermediate steps in planning processes should be allowed to proceed to conclusion. The group, representing nearly 200 landowners across Cavan, Meath and Monaghan, opposed the application on grounds including health and environmental concerns. It had also challenged the validity of EirGrid's application under Strategic Infrastructure Development legislation and raised difficulties regarding Environmental Impact and Natura Impact Statements. The judge stated that permitting challenges at each stage risked unnecessary disruption and multiplication of judicial review proceedings. He noted the group could pursue further challenges following An Bord Pleanála's final decision on the application. The oral hearing commenced in Carrickmacross in March. EirGrid contends the second interconnector is necessary to ensure adequate power flow between the two jurisdictions.
A 52-year-old man from Cork has been served with a book of evidence at the Special Criminal Court following his arrest in December as part of an investigation into dissident republican activity. Martin McHale stands charged with possession of an explosive substance, namely ten sealed bags containing white prills of ammonium nitrate and calcium carbonate, allegedly found at Mall Road, Tirkeenan, County Monaghan on November 1st, 2013. He is also charged with membership of an unlawful organisation styling itself the Irish Republican Army. The State Solicitor confirmed the book of evidence had been served on the accused. Mr Justice Paul Butler, presiding with Judge Alison Lindsay and Judge Flann Brennan, remanded Mr McHale on continuing bail. The case is scheduled for mention on June 10th.
A man from Armagh has been sentenced to nine years imprisonment at the Central Criminal Court following his conviction for sexually abusing his partner's daughter over a three-year period while the family lived in Monaghan. Darren Davidson, aged 37, was convicted in March 2016 of eleven counts including sexual assault with an object, sexual assault, and defilement. The offences occurred between 2008 and 2010 when the victim was aged thirteen to sixteen. Following interview with gardaí, Davidson emigrated to Australia but was subsequently arrested at Manchester Airport and extradited to Ireland. Mr Justice Robert Eagar imposed a ten-year sentence with the final year suspended, noting the victim displayed symptoms consistent with abuse by a trusted figure. He reduced the sentence from twelve years in light of Davidson's employment history and medical condition. The court ordered Davidson's registration as a sex offender. The adult victim, who waived anonymity, told the court she initiated the complaint to protect her siblings from further abuse.
A group representing nearly 200 landowners in counties Cavan, Monaghan and Meath has initiated High Court judicial review proceedings challenging An Bord Pleanála's decision to hold an oral hearing on EirGrid's North-South electricity interconnector application. The North East Pylon Pressure Campaign Ltd opposes the proposed construction of 300 pylons as part of the project. The challenge centres on alleged deficiencies in the application's Environmental Impact and Natura Impact Statements, and contends EirGrid may not be the legitimate applicant. The oral hearing, underway in Carrickmacross, is expected to continue for twelve weeks. An Bord Pleanála and EirGrid oppose the judicial review, arguing the challenge was not brought within the required eight-week timeframe and that challenging the hearing's validity is premature pending a decision on the substantive application. The High Court previously dismissed the group's application for a temporary injunction. The hearing resumed in late March before Mr Justice Richard Humphrey.
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.
The Director of Public Prosecutions has appealed a Circuit Criminal Court ruling that a man charged with dangerous driving causing death is unfit to stand trial. Robert Harrison, aged 25, from Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a 19-year-old passenger died and another passenger was seriously injured. Judge Pauline Codd determined in July 2014 that Mr Harrison was not fit to be tried. The DPP's counsel argued before the Court of Appeal that psychiatric evidence supported Mr Harrison's fitness to proceed if special trial provisions were implemented, including regular recaps of evidence. Defence counsel contended the DPP sought to create an unprecedented trial arrangement and that Mr Harrison remains unfit due to brain damage sustained in an earlier accident. The Court of Appeal, comprising Justices George Birmingham, Garrett Sheehan, and John Edwards, reserved judgement.
A man from Kingscourt, County Meath, has had his prison sentence substantially increased by the Court of Appeal following a successful appeal by the Director of Public Prosecutions. Adrian Magennis, aged 49, pleaded guilty at Monaghan Circuit Criminal Court to assaulting his ex-partner at her home on January 4, 2014. He was originally sentenced to twelve months imprisonment in June 2015, which the appellate court deemed unduly lenient. The Court of Appeal, led by Mr Justice Garrett Sheehan, imposed a four-year sentence with the final sixteen months suspended. The court heard that Magennis caused serious injuries including a shattered leg requiring surgical intervention. Evidence indicated he subsequently brought the victim to a garda station to withdraw her complaint, though she later stated she had been intimidated. Mr Justice Sheehan noted the assault occurred within a domestic context involving significant physical violence. Magennis was ordered to enter into his own bond of one hundred euro to keep the peace during the suspension period.
The family of Seamus Ludlow, a 47‑year‑old forester from Co. Louth who was shot dead on 1 May 1976, has filed a High Court action demanding that the State set up a commission of investigation into his murder. Ludlow's body was found near his home in Culfore, Dundalk, and no one has ever been charged. The family says the Gardaí investigation was suspended after three weeks, that the police failed to follow up on information from the RUC about loyalist suspects, and that the Gardaí allegedly spread a smear campaign blaming the IRA. They allege possible involvement of British Army or UK state agents, citing the kidnapping of Ludlow's brother‑in‑law and questioning by a SAS officer. An Oireachtas committee in 2006 recommended a formal inquiry; the family argues the State's refusal to establish a commission breaches their constitutional rights and the European Convention on Human Rights.
A 52-year-old man from Cork has been granted bail at the Special Criminal Court following charges relating to IRA membership and explosives offences. Martin McHale of Blackwater Grove, Togher, Cork, was charged on November 1st, 2013, with membership of an unlawful organisation styling itself the Irish Republican Army, and with possession of an explosive substance consisting of ten sealed bags of white prills containing ammonium nitrate and calcium carbonate discovered at Mall Road, Tirkeenan, Monaghan. The State consented to the bail application. Mr Justice Paul Butler, presiding with Judge John O'Hagan and Judge Ann Ryan, imposed strict conditions including a daily curfew from 12pm to 7am, three weekly sign-ons at Togher Garda Station, and surrender of his passport. Mr McHale was also prohibited from associating with individuals charged or convicted of scheduled offences and from contacting proposed prosecution witnesses.
A 52-year-old man from Cork has been charged at the Special Criminal Court in Dublin with membership of an unlawful organisation and possession of an explosive substance. Martin McHale, of Blackwater Grove, Togher, was charged with IRA membership on November 1st, 2013. He was additionally charged with possessing ten sealed bags containing ammonium nitrate and calcium carbonate at Mall Road, Tirkeenan, Monaghan on the same date. Detective Sergeant Gabriel Bell told the three-judge court that Mr McHale was arrested this morning under the Offences Against the State Act. The defendant made no reply when cautioned or when shown the charge sheet. Mr Justice Paul Butler, sitting with Judge John O'Hagan and Judge Ann Ryan, remanded Mr McHale in custody pending a bail application hearing scheduled for Thursday.
Jim Smyth, a 43-year-old man from County Monaghan, was released on bail at the Special Criminal Court in Dublin following a trial-stage hearing. He is charged with membership of an unlawful organization, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015. The charge remains alleged and contested. Smyth was arrested in Carrickmacross by the Special Detective Unit during investigations into dissident republican activity that uncovered a cache of firearms, including AK47 assault rifles, mortars, and IED components. Detective Inspector William Hanrahan and Detective Chief Superintendent John McMahon objected to bail, citing the seriousness of the charge and the need to prevent serious offences under Section 2 of the Bail Act. However, Mr Justice Paul Butler, presiding with Judges John O'Hagan and Ann Ryan, granted bail, noting Smyth had no previous convictions and strong community roots. Conditions include signing daily at Monaghan Garda station, observing a curfew from 12pm to 7am, providing a mobile number, surrendering travel documents, not leaving the jurisdiction, and not associating with anyone charged with a scheduled offence. Smyth was released on his own bond of €20,000.
Jim Smyth, a 43-year-old man from County Monaghan, appeared at an out-of-hours sitting of the Special Criminal Court in Dublin to face charges related to alleged dissident republican activity. He was arrested by the Special Detective Unit on Main Street, Carrickmacross, outside the local garda station, as part of ongoing investigations. The court heard that Mr Smyth was charged with membership of an unlawful organization, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 25th, 2015. Detective Garda Colm Finnerty testified that he arrested Mr Smyth under Section 30 of the Offences Against the State Act, explaining the reason for the arrest and cautioning him, to which Mr Smyth made no reply. The accused was subsequently detained in Carrickmacross Garda Station before being transported to the Special Criminal Court, where he was shown the charge sheet without responding. Defense counsel Breffni Gordon BL noted that Mr Smyth had been in custody since the previous Wednesday night. Presiding judge Mr Justice Paul Butler, sitting with Judge John O'Hagan and Judge William Hamill, remanded Mr Smyth in custody until Wednesday morning, when a bail application is expected to be heard. The matter remains at the pretrial stage, with no plea entered or finding made.
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.