A jury at the Central Criminal Court has begun deliberating in the trial of Stephen Silver, aged 46, from Aughaward, Foxford, County Mayo, who is charged with the murder of Detective Garda Colm Horkan. The accused has pleaded not guilty to capital murder but guilty to manslaughter by reason of diminished responsibility in relation to the incident at Castlerea, County Roscommon on 17 June 2020. During the trial, the defence presented evidence from a psychiatrist who testified the accused was suffering from bipolar affective disorder at the time, which diminished his responsibility. The prosecution's psychiatric expert disputed this assessment, maintaining the accused's mental capacity remained intact. Mr Justice Paul McDermott charged the jury, comprising seven men and five women, on the available verdicts. The jury retired shortly before midday and was sent home in the evening. Deliberations are to resume Wednesday morning at 10.30am.
At the Central Criminal Court, Mr Justice Paul McDermott has instructed the jury in the trial of Stephen Silver to apply common sense when evaluating conflicting psychiatric evidence regarding the accused's mental state. Mr Silver, aged 46, a motorbike mechanic from Aughaward in Foxford, County Mayo, denies murdering Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. The defence psychiatrist testified that Mr Silver suffered from bipolar affective disorder at the time of the shooting, whilst the prosecution's expert disagreed. The judge clarified that jurors are not bound by expert testimony and may prefer one account over another. He explained that if they find Mr Silver guilty of unlawful killing with the requisite intent, they must then determine whether his responsibility was substantially diminished by mental disorder. The judge emphasised this remains a question of fact for the jury to assess using common sense alongside all evidence presented. Stephen Silver pleaded not guilty.
At the Central Criminal Court, defence counsel for Stephen Silver argued it would be unsafe to convict him of the murder of Detective Garda Colm Horkan, citing evidence of mental disorder at the time of the shooting. Mr Silver, aged 46, from Aughaward near Foxford in County Mayo, has pleaded not guilty to capital murder but guilty to manslaughter by reason of diminished responsibility for the fatal shooting at Castlerea, County Roscommon on 17 June 2020. Defence barrister Roisin Lacey SC asked the jury to consider psychiatric evidence that Mr Silver was experiencing a relapse of bipolar affective disorder which substantially diminished his culpability. She referenced observations from gardaí interviews, recorded on the day following the incident, which documented deteriorating mental state including delusional beliefs and bizarre behaviour. Ms Lacey also highlighted inconsistencies in the prosecution's evidence regarding the deceased garda's formal status. The trial continues with the judge's charge to the jury expected the following day.
At the Central Criminal Court, counsel for Stephen Silver, who denies murdering Detective Garda Colm Horkan, has questioned whether the prosecution has adequately proven the deceased was a member of An Garda Síochána. Roisin Lacey SC submitted to the jury that the prosecution must establish beyond reasonable doubt that Garda Horkan was acting in accordance with his duty. Ms Lacey highlighted discrepancies between the date Garda Horkan's identification card was issued and his attested date as a garda, and noted differences between identification numbers provided to the jury and those on his identity card. She acknowledged evidence from senior gardaí regarding Garda Horkan's duties and presence on the day in question but contended formal proof of his membership had not been presented. Ms Lacey also argued evidence that Mr Silver was experiencing a relapse of bipolar disorder substantially reduced his responsibility for the killing. Mr Silver, aged 46, a motorbike mechanic from Aughaward, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility.
Stephen Silver, a forty-six-year-old motorbike mechanic from Foxford, County Mayo, stands trial at the Central Criminal Court on a charge of murdering Detective Garda Colm Horkan on 17 June 2020 in Castlerea, County Roscommon. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The prosecution closing speech, delivered by James Dwyer SC, contended that Mr Silver was filled with significant anger towards An Garda Síochána and that the encounter with Garda Horkan provided an opportunity to act on that anger. The prosecution argued that Mr Silver's mental state was not impaired in any significant way and that his behaviour that day was purposeful and deliberate. The defence claims Mr Silver was suffering from bipolar affective disorder which diminished his responsibility. A consultant psychiatrist for the prosecution disputed this assessment. The jury will hear closing submissions from the defence before Mr Justice Paul McDermott provides further direction.
Two men have been sentenced at Dublin Circuit Criminal Court for their roles in a violent robbery at a hotel in Swords in November 2019. Ioan Galben, aged 40, and Samuel Pop, aged 28, both pleaded guilty to robbery and false imprisonment. The court heard that over €6,000 was taken from a sex worker, along with personal items including phones and jewellery. A third man, now deceased, entered the room during the incident and threatened the victim with a blade. Gardaí identified the suspects through CCTV footage relating to a similar incident in Roscommon in October 2019. Judge Martin Nolan noted a pattern of similar crimes and described the victim as left terrified by the incident. He imposed a sentence of five and a half years on Galben and three years on Pop, finding both men equally culpable despite their different roles.
A man accused of murdering Detective Garda Colm Horkan gave inconsistent accounts of the shooting in the immediate aftermath and during garda interviews, a prosecution barrister told the Central Criminal Court on the twenty-first day of trial. James Dwyer SC said the accused's statements at the scene contrasted sharply with evidence he later presented in court, suggesting his account may have been constructed to support his defence rather than reflect accurate recollection. The prosecutor outlined how the accused initially denied the victim was a garda, subsequently claimed the victim identified himself but wore civilian clothing, and later suggested the victim may have been a drug dealer. The accused also provided varying explanations for how the victim sustained injuries. Stephen Silver, aged 46, a motorbike mechanic from Aughaward, Foxford, County Mayo, denies murdering Detective Garda Horkan at Castlerea, County Roscommon on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. Expert psychiatric evidence differed on whether the accused's mental capacity was diminished at the time. Stephen Silver pleaded not guilty.
The Central Criminal Court trial of Stephen Silver, who denies murdering Detective Garda Colm Horkan, heard closing arguments are immencing. A prosecution psychiatrist told the jury that Mr Silver, aged 46, a motorbike mechanic from Aughaward, Foxford, County Mayo, was not psychotic and not suffering from delusions when he shot and killed the detective at Castlerea, County Roscommon on 17 June 2020. Professor Harry Kennedy said Mr Silver's execution of a complex sequence of actions, including gaining control of the weapon, firing multiple times, and aiming deliberately at the victim's trunk, demonstrated his capacity to form intent. Mr Silver accepts killing Garda Horkan but has pleaded not guilty to murder and guilty to manslaughter by reason of diminished responsibility. The defence called a psychiatrist who argued Mr Silver suffered from a mental disorder affecting his responsibility. Mr Justice Paul McDermott advised the jury that closing submissions and his legal charge would follow over several days.
A man accused of murdering Detective Garda Colm Horkan became severely mentally unwell the day before the shooting and his sister planned to have him admitted to a psychiatric hospital, the Central Criminal Court heard on Friday. Marian Bruen, a schoolteacher, told the trial of her brother Stephen Silver that during a phone call she noticed he was hyper-stressed, speaking rapidly, and displaying signs of paranoia. She recognised these as indicators that he required hospital admission. Silver, aged 46, a motorbike mechanic from Aughavard near Foxford in County Mayo, has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The offence occurred at Castlerea, County Roscommon on 17 June 2020. A prosecution consultant psychiatrist, Professor Harry Kennedy, told the court he did not believe Silver qualified for a verdict of not guilty by reason of insanity. He stated the accused showed no remorse during gardaí interviews and maintained heightened emotional states without evidence of fixed delusions. The trial continues.
At the Central Criminal Court, a consultant psychiatrist has disputed evidence that a murder accused's responsibility was diminished due to mental illness. Professor Harry Kennedy told Stephen Silver's trial that the accused, aged 46 and from Aughavard, Foxford, County Mayo, displayed a pattern of self-dramatising behaviour during confrontations with gardaí rather than symptoms typical of bipolar disorder. Professor Kennedy referenced a 2006 incident in which Mr Silver emerged from his apartment with a sword and helmet before eventually complying with gardaí, characterising this as theatrical rather than pathological. He argued that Mr Silver's actions surrounding the death of Detective Garda Horkan—including repeatedly firing a gun and selectively deciding how to cooperate with gardaí afterwards—demonstrated purposeful intent and rational decision-making inconsistent with diminished responsibility. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The trial, before Mr Justice Paul McDermott and a jury, continues.
Muiris Flynn, an electrician convicted of dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Doon, Co Roscommon, on 24 September 2017, has won an unfair dismissal claim against Irish Rail. Flynn pleaded guilty to these charges and was sentenced in October 2019 to four years in prison, with the final 30 months suspended. Although the Court of Appeal later deemed the original sentence unduly lenient, it did not increase the active custody portion, instead imposing a €20,000 fine. Irish Rail terminated Flynn's employment in March 2020, arguing his contract was frustrated by his imprisonment. However, the Workplace Relations Commission rejected this argument. Adjudicating officer Brian Dolan found that Irish Rail failed to consult Flynn and that his absence did not necessitate termination. The tribunal awarded Flynn €4,000 in compensation, noting that while his conduct contributed to the dismissal, the employer had not proven the contract ended by frustration. This decision upholds Flynn's complaint under the Unfair Dismissals Act 1977, confirming that his dismissal was unlawful despite his criminal conviction and imprisonment.
At the Central Criminal Court trial, consultant psychiatrist Dr Brenda Wright testified that defendant Stephen Silver, 46, suffered from bipolar affective disorder which significantly diminished his responsibility for the killing of Detective Garda Colm Horkan. Dr Wright diagnosed Silver with a severe mental illness characterized by mania, psychotic symptoms, and delusions, stating that his impairment in thinking and judgment contributed significantly to his actions. She supported the defense argument that under Section 6 of the Criminal Law (Insanity) Act, a jury should find him not guilty of murder but guilty of manslaughter by reason of diminished responsibility. Silver, a motorbike mechanic from Foxford, Co. Mayo, has pleaded not guilty to the murder of Det Garda Horkan, alleging he was reckless as to whether the victim was acting in accordance with his duty. He has also pleaded guilty to manslaughter by reason of diminished responsibility for the incident in Castlerea, Co. Roscommon, on 17 June 2020. Dr Wright noted that Silver's condition was exacerbated by his repeated failure to take prescribed medication, though she disagreed with the prosecution expert who argued he had intact mental capacity. The trial is ongoing before Mr Justice Paul McDermott and a jury, with cross-examination continuing.
A consultant psychiatrist told the Central Criminal Court that Stephen Silver's behaviour following the fatal shooting of Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020 displayed possible signs of abnormal or manic mental state. Dr Brenda Wright, giving evidence at the trial of the 46-year-old mechanic from Foxford, County Mayo, described his conduct during garda interviews as bizarre and inappropriate, including grandiose claims about military rank and hostile outbursts. She noted his failure to grasp the gravity of his circumstances contrasted sharply with the professional demeanour of investigating gardaí. Dr Wright referenced Mr Silver's psychiatric history, including bipolar disorder and seventeen prior admissions since 1997. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. Dr Wright's evidence continues before Mr Justice Paul McDermott and jury.
Stephen Silver, a 46-year-old motorbike mechanic from Aughavard, Foxford, County Mayo, has pleaded not guilty to murdering Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. The Central Criminal Court has heard evidence that Silver assaulted psychiatric staff nine months before fatally shooting the detective eleven times. Psychiatrist Dr Brenda Wright testified that Silver had been admitted to psychiatric units seventeen times since 1997, with diagnoses including bipolar affective disorder and schizoaffective disorder. She stated that Silver stopped taking medication following his release from hospital in September 2019. Dr Wright noted that by April 2021, after ten months on antipsychotic medication whilst in custody, Silver had returned to his normal state. The trial continues before Mr Justice Paul McDermott and a jury.
Stephen Silver, aged 46, a motorbike mechanic from Aughavard, Foxford, County Mayo, has given evidence at the Central Criminal Court regarding the death of Detective Garda Colm Horkan on 17 June 2020 at Castlerea, County Roscommon. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. During his testimony, he described a struggle with the detective during which he obtained the garda's firearm and discharged it eleven times as Garda Horkan fell to the ground. Mr Silver stated he was experiencing confused thoughts and acted in self-defence, believing he faced danger. Under cross-examination, counsel highlighted that Mr Silver had been admitted to psychiatric units seventeen times since 2003 and had discontinued prescribed medication despite medical advice, preferring how he felt without treatment. The trial before Mr Justice Paul McDermott continues.
A 46-year-old motorbike mechanic from Foxford, County Mayo, has testified at the Central Criminal Court that he was living in a shed without running water and had discontinued psychiatric medication in the weeks preceding the fatal shooting of Detective Garda Colm Horkan in June 2020. Stephen Silver, who has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility, told the court he experienced escalating mental distress characterised by delusional thinking, including beliefs that an acquaintance was an MI6 agent and that the SAS had planted explosives. He stated he had considered voluntary psychiatric admission the day before the incident but felt "hyper" and "elated" on the morning in question. Silver, diagnosed with schizo-affective disorder and bipolar disorder, disclosed he had abandoned prescribed medication believing it impaired his functioning, though he has resumed treatment since his arrest and reports feeling stable. His testimony before Mr Justice Paul McDermott and jury continues.
Detective Garda Colm Horkan, who was fatally shot two years prior, had assisted in admitting the man accused of his murder to a psychiatric unit in 2003, the Central Criminal Court heard on 25 October 2022. A retired garda sergeant gave evidence that he attended the family home of Stephen Silver near Castlerea, County Roscommon, following an incident that year, alongside Garda Horkan and others. Mr Silver was subsequently admitted to the local psychiatric unit due to his behaviour at that time. The accused, aged 46 and from Foxford, County Mayo, denies murdering Garda Horkan but has pleaded guilty to manslaughter on grounds of diminished responsibility. During interview footage viewed by the jury, a garda inspector questioned Mr Silver about the circumstances of the shooting at Castlerea Garda Station. The trial, before Mr Justice Paul McDermott and a jury, continues before the Central Criminal Court. The unnamed accused pleaded not guilty.
A psychiatrist assessed Stephen Silver, the accused in Detective Garda Colm Horkan's murder, hours after the shooting at Castlerea Garda Station in County Roscommon on 17 June 2020. Dr Will Monteiro, a consultant psychiatrist with three decades' experience, found no evidence of acute mental illness during his evaluation. The doctor noted that Mr Silver's speech and behaviour appeared within normal limits, though he was reluctant to engage in conversation and demanded his family's presence. Dr Monteiro concluded Mr Silver was fit to be interviewed. Under cross-examination, the defence highlighted that the assessment was incomplete, as Mr Silver had refused full evaluation, and that Dr Monteiro had recommended a formal forensic assessment. Mr Silver, aged 46 and from Aughavard, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The Central Criminal Court trial continues before Mr Justice Paul McDermott.
Stephen Silver, aged 46, a motorbike mechanic from Aughavim, Foxford, County Mayo, is on trial at the Central Criminal Court for the murder of Detective Garda Colm Horkan. The incident occurred on 17 June 2020 in Castlerea, County Roscommon. Mr Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. During interviews conducted at Castlerea Garda Station on 18 June 2020, Mr Silver claimed he acted in self-defence after being attacked by an armed man he did not initially recognize as a garda. He contended that Detective Garda Horkan was fumbling with his firearm and that he only discharged the weapon in defence. The jury viewed DVD recordings of these interviews with detectives. Mr Silver denied shooting the detective whilst on the ground and maintained he threw the gun away after obtaining possession of it. The trial continues before Mr Justice Paul McDermott and a jury.
Stephen Silver, a 46-year-old motorbike mechanic from Aughavain, Foxford, County Mayo, appeared before the Central Criminal Court where a video recording of his first garda interview was presented. Mr Silver denies murdering Detective Garda Colm Horkan in June 2020 by shooting him. During his interview at Castlerea Garda Station, Mr Silver told gardaí that Detective Garda Horkan initiated a struggle after approaching him on Patrick Street in Castlerea, and that during the confrontation, Detective Garda Horkan attempted to draw his firearm. Mr Silver claimed he acted in self-defence when the gun discharged during their struggle. He has pleaded guilty to manslaughter by reason of diminished responsibility but maintains his not guilty plea to murder. The trial, presided over by Mr Justice Paul McDermott with a jury of twelve, continues before the Central Criminal Court.
Shane McDonnell damaged a glass panel on a front door belonging to John Kearns at a christening party on October 17, 2021, when he had consumed too much alcohol. The defendant paid compensation of €500 into court for the €200 damage, with total payments reaching €750. Judge Sandra Murphy convicted him and applied a conditional discharge with a 12-month good behaviour bond.
At the Central Criminal Court, a general practitioner testified that Stephen Silver appeared disconnected from reality in the hours following the fatal shooting of Detective Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. Dr Greg Kelly described observing the accused, aged 46 and from Foxford, County Mayo, exhibiting restless and agitated behaviour at Castlerea Garda Station, including paranoid ideation and speech patterns suggestive of acute psychiatric disturbance. The doctor administered an anti-psychotic medication and recommended psychiatric assessment, believing Silver was experiencing a manic episode consistent with bipolar disorder. Later that day, Dr Kelly noted the accused appeared unnaturally detached from the gravity of events. The State Pathologist detailed that Detective Garda Horkan sustained eleven gunshot wounds, including injuries to vital organs, with forensic evidence indicating some shots were fired from close range. Silver has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. The defence argues mental illness substantially reduced his culpability at the time of the shooting.
A key witness in the Central Criminal Court trial of Stephen Silver, who is accused of murdering Detective Garda Colm Horkan, has testified that he deliberately kept the accused away from gardaí on the night of the shooting in Foxford, County Mayo. James Coyne told the court that on June 17th, 2020, Silver called to his home and they travelled together to Foxford, where Silver transferred a motorcycle to him. When Silver later expressed interest in visiting Castlerea Garda Station a second time that evening, Coyne said he steered him away, fearing trouble. The court also heard that following his arrest at the scene, Silver urinated on his cell floor and may have self-harmed by striking his head against the wall. Gardaí described his behaviour as agitated. The trial, which continues before Mr Justice Paul McDermott and a jury, also heard CCTV evidence of Silver's movements on the day in question.
A witness told the Central Criminal Court murder trial that he heard the accused man say "If I didn't kill him, he would have killed me" at the scene in Castlerea, County Roscommon. Marcus Silvera, a resident of Main Street in the town, testified that he heard gunshots shortly before midnight on 17 June 2020 and observed a man with long hair and a black leather jacket walking in the street and shouting. Garda Enda Rowley also gave evidence, describing how the accused, Stephen Silver, was found handcuffed at the scene and later questioned at Castlerea Garda Station. Mr Silver, aged 46, a motorbike mechanic from Foxford, County Mayo, has pleaded not guilty to murdering Detective Garda Colm Horkan but has admitted manslaughter by reason of diminished responsibility. The trial before Mr Justice Paul McDermott continues at the Central Criminal Court.
Stephen Silver, a forty-six-year-old motorbike mechanic from Aughavale near Foxford in County Mayo, has pleaded not guilty to murdering Detective Garda Colm Horkan on June 17th, 2020 in Castlerea, County Roscommon. He has pleaded guilty to manslaughter on grounds of diminished responsibility. At the Central Criminal Court, Sergeant Michael O'Hara testified that upon arriving at the scene, Mr Silver told him he had retrieved a firearm from an unknown man who approached him on Main Street. When informed that he had shot a detective garda, Mr Silver allegedly responded negatively about the officer's competence. Gardaí at the scene described Mr Silver's demeanor and actions following his arrest. A witness living overlooking the location provided an account of the shooting itself. The trial, heard before Mr Justice Paul McDermott and a jury of twelve, continues.
A garda witness testified at the Central Criminal Court that Stephen Silver, aged 46, a mechanic from Aughavard in Foxford, County Mayo, displayed a "smirk" while verbally confronting him as he attempted to resuscitate Detective Garda Colm Horkan following the shooting in Castlerea, County Roscommon on 17 June 2020. Garda Aidan Fallon described observing two men fighting before hearing gunshots, then witnessing a man shoot another man lying on the ground twice. Upon discovering the injured man was Detective Garda Horkan, Fallon began CPR, during which the accused allegedly told him he was "doing it wrong" and "killing him". Mr Silver, who denies murder, has pleaded guilty to manslaughter by reason of diminished responsibility. The trial before Mr Justice Paul McDermott continues with cross-examination of the witness. Stephen Silver pleaded not guilty.
A member of An Garda Síochána gave emotional testimony at the Central Criminal Court today describing the moment she witnessed a gunman fire multiple shots at her colleague Detective Garda Colm Horkan as he lay on the ground in Castlerea, County Roscommon. Garda Helen Gillen told the court she and Garda Aidan Fallon were driving near the junction of Main Street and Patrick Street when they observed two men grappling before hearing what they believed to be gunshots. She said she saw a man emerge from nearby premises carrying a firearm and fire at the man on the ground, though she could not recall the exact number of shots fired. Garda Gillen stated the shooter was wearing a black jacket with a luminous stripe and a backpack. Stephen Silver, aged 46, a motorbike mechanic from Aughavard, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility in relation to Detective Garda Horkan's death on 17 June 2020. The trial before Mr Justice Paul McDermott continues.
A witness living near Castlerea, County Roscommon heard "roaring and shouting" and observed erratic behaviour in the minutes before Detective Garda Colm Horkan was fatally shot on June 17th, 2020, the Central Criminal Court has heard. Paul McGarry described seeing two men ducking behind walls and a motorbike being driven at speed without lights before hearing what he believed were gunshots at 11.50pm. A second witness, Laura McIntyre, reported seeing a bearded man in his 40s driving recklessly on the motorcycle, shouting about armed squads and firearms. Stephen Silver, aged 46, a motorbike mechanic from Aughavard, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter by reason of diminished responsibility. Garda evidence outlined that earlier that day an agitated man had visited Castlerea station complaining about alleged abuse of an elderly person, with subsequent checks linking a blue van to Silver. The trial before Mr Justice Paul McDermott continues.
Stephen Silver, aged 46, a motorcycle mechanic from Foxford, County Mayo, has pleaded not guilty to the murder of Detective Garda Colm Horkan at Castlerea, County Roscommon, on 17 June 2020. He has pleaded guilty to manslaughter by reason of diminished responsibility. The Central Criminal Court heard that Detective Garda Horkan, aged 49 and with nearly 25 years' service, was fatally shot shortly before midnight after an encounter with Mr Silver on Patrick Street. Prosecution counsel outlined that Mr Silver told gardaí the garda attacked him and stated: "With all that's going on with the police in this world, I shot him." The post mortem examination revealed eleven gunshot wounds. The defence argues Mr Silver's responsibility is substantially diminished due to mental health difficulties. A psychiatrist will give evidence for both the prosecution and defence. The trial continues before Mr Justice Paul McDermott.
A jury has been sworn in at the Central Criminal Court for the trial of Stephen Silver, a 46-year-old mechanic from Aughavard, Foxford, County Mayo. Mr Silver pleaded not guilty to the murder of Detective Garda Colm Horkan, who died in the course of his duties in Castlerea, County Roscommon, on 17 June 2020. However, he entered a guilty plea to manslaughter on the grounds of diminished responsibility. The jury, comprising seven men and five women, was cautioned by Mr Justice Paul McDermott that members with immediate family in An Garda Síochána should not serve. The trial is expected to last up to seven weeks. If convicted of murder, Mr Silver faces a mandatory 40-year sentence. The matter was adjourned to 7 October.
The Supreme Court has agreed to hear an appeal concerning journalistic privilege and police search powers, marking the first time the court will address the interaction between criminal investigations and protection of journalistic sources. The case arises from the seizure of a mobile phone belonging to a journalist at his home in Strokestown, County Roscommon, in December 2018, as part of a garda investigation into violence at a repossessed property. The High Court had permitted gardai access to the device's contents, but the Court of Appeal subsequently quashed the search warrant, finding that journalistic privilege rights were not adequately considered before it was issued. The Garda Commissioner sought Supreme Court review. A three-judge panel of the Supreme Court determined the case raises important issues of general public importance regarding the balance between criminal investigations and journalistic privilege, and agreed to hear the appeal. A hearing date will be fixed later in the term.
An 85-year-old retired Garda from Strokestown, County Roscommon has withdrawn his High Court appeal against a destruction order for his Jack Russell terrier, Kim. The dog bit a woman on the Strokestown Famine Trail on 6 March 2022 near Mr Rogers' home at Bumlin. The injured party required eight stitches and hospital treatment following the incident. Roscommon District Court issued the destruction order in late April under the Control of Dogs Act 1986, finding the dog dangerous and not properly controlled. Mr Rogers appealed to the Circuit Court, which dismissed his challenge and upheld the lower court's decision in May. When Mr Rogers sought further appeal to the High Court, he subsequently withdrew his application before the Deputy Master. The destruction order therefore remains in effect. The High Court heard the matter briefly before being struck out.
A 37-year-old man charged with directing a criminal organisation will face trial before the non-jury Special Criminal Court following a successful application by the State. The accused was first charged at Sligo District Court in January 2022 and appeared before Mr Justice Tony Hunt this week, where the order for non-jury trial was granted. He is remanded in custody at Castlerea Prison pending a further court appearance next Friday. The man is charged with directing the activities of a criminal organisation between October 2019 and January 2022. He also faces two counts of money laundering relating to an alleged €27,100 in proceeds of criminal conduct at his home in County Sligo in June 2020.
The Court of Appeal has increased the jail sentence of John McDonagh, a knife-wielding burglar who carried out a violent home invasion in Sligo Town in January 2020. McDonagh and a teenage accomplice broke into a house, threatened four occupants with a knife, and caused significant damage to property. The occupants were threatened with death if they contacted the gardaí. Both McDonagh (27) of Brookfield, Ballinode, Sligo, and his accomplice pleaded guilty to aggravated burglary and burglary at a house at Glencarrig, Ballinode, and were sentenced in March of last year. Sligo Circuit Criminal Court judge Francis Comerford initially sentenced both men to five-and-a-half years in jail with the final two years suspended for three years. However, the Court of Appeal found the original sentence unduly lenient. The court heard that the offences were in the upper range of offending and that a headline sentence between nine and 14 years should have been identified. The appeal court quashed the previous sentence and substituted it with a seven-year term, with the final 18 months suspended for two years. The sentence was backdated to August 1, 2020, when McDonagh was first taken into custody. The matter was adjourned at the appeal stage.
John Giltrap, 61, of Termonbarry, Bunclody, was found guilty of 20 counts of raping Caroline Kavanagh, aged 10 to 15, at various sites in Bunclody between December 1978 and March 1982. He had pleaded not guilty to 22 counts. In December 2020, Mr Justice Michael McGrath sentenced him to 11 years' imprisonment on each count. Giltrap appealed for a reduction, arguing that he was 18 to 23 at the time of the offences, that his relationship had dissolved, that he was married with children, and that his health was poor. The Court of Appeal dismissed his appeal in January. Today, Mr Justice John Edwards upheld the 11‑year sentence, stating there was no error in principle and that the original judge had already applied generous mitigation. The appeal was dismissed.
A former priest and Irish Times columnist has been sentenced to four years imprisonment following conviction for multiple sexual assaults on a schoolboy in the late 1990s. Barry Fergal Jennings, aged 56, of Cloonkeerin, French Park, County Roscommon, was unanimously convicted by jury at Dublin Circuit Criminal Court in March of six counts of sexual assault committed between September 1998 and December 1999. At the time, Jennings served as chaplain at a Dublin community school. The court heard evidence that the assaults occurred at various locations, including the victim's home and within the school premises. In her victim impact statement, the man described severe and lasting trauma, including suicide attempts, substance abuse, and diagnosed PTSD. Judge Patricia Ryan noted the serious abuse of trust inherent in the offence and the significant age disparity involved. She acknowledged mitigating factors including Jennings' previous good standing but determined that a custodial sentence was unavoidable. The sentence was backdated to account for time already served.
Stephen Silver, aged 45, of Aughaward, Foxford, County Mayo, is charged with the murder of Detective Garda Colm Horkan on Main Street, Castlerea, County Roscommon on 17 June 2020. The charge alleges the accused acted knowing or being reckless as to whether the garda was a member of An Garda Síochána acting in the course of his duty. Silver's trial at the Central Criminal Court has been postponed from its scheduled date of 15 June to 4 October. The adjournment was granted after the court heard that a psychiatric assessment of the accused, being compiled by Dr Harry Kennedy, Clinical Director of the Central Mental Hospital, would not be completed in time. Mr Justice Paul McDermott acceded to the delay reluctantly but noted the importance of the trial proceeding "with a clear run" when it resumes. The case is next mentioned on 20 May.
A Garda inspector stationed in Mullingar has succeeded in his High Court challenge against the Commissioner's refusal to backdate his promotion following a seven-month investigative delay. Inspector Tom Quinn was due for promotion to inspector rank in January 2019 but the advancement was suspended while the Garda Ombudsman investigated allegations arising from a shooting incident at Ferriskill near Granard, County Longford, in December 2018. GSOC subsequently determined that all complaints against the inspector were baseless and that he had acted lawfully. Mr Justice Charles Meenan ruled that denying the backdating amounted to wrongful penalisation over false accusations and breached constitutional rights to equality. The court quashed the Commissioner's refusal and ordered the promotion be backdated to January 2019, with legal costs awarded to the inspector. The judgment noted that failing to backdate would have allowed a private complainant to effectively determine promotion timelines contrary to established disciplinary procedures.
The Court of Appeal has reduced the sentence imposed on a man convicted of making threats to kill gardai at Castlerea, County Roscommon. Enda Gavigan, aged 37 of Doorty, was arrested on 10 October 2019 following criminal damage at a property. He pleaded guilty to criminal damage, production of an article capable of inflicting serious injury, and making threats against gardai. At Roscommon Circuit Court in June 2020, he received consecutive sentences totalling nine years and three months. The Court of Appeal found the sentencing judge erred in principle by imposing a consecutive term for threats made during the same transaction as his arrest. Ms Justice Isobel Kennedy, sitting with the Court President and a colleague, quashed the six-year-three-month consecutive sentence. The court imposed a new concurrent sentence of five years, with the final twelve months suspended. The revised total sentence runs concurrently with the criminal damage and weapons convictions.
A man has appealed his six-year sentence imposed in June 2020 for threatening to kill gardai at Castlerea garda station in County Roscommon. The appellant pleaded guilty to criminal damage, production of an offensive weapon, and making threats to gardai. He was arrested on 10 October 2019 following an incident at Four Mile House where he damaged windows at a property. The original sentencing imposed concurrent three-year and two-year terms for the criminal damage and weapon offences, with a four-and-a-half-year sentence for the threats to run consecutively, resulting in a total custodial term of six years and three months. The appeal contends the sentence was excessive and that the threat count should not have been imposed consecutively as it formed part of the same transaction. The Director of Public Prosecutions argued the sentence appropriately reflected the need to protect gardai and respect property rights. The Court of Appeal has reserved judgement.
A man from County Roscommon has received a fully suspended sentence following his conviction for possessing cocaine worth over €34,000. Conor Costello was stopped by gardaí on November 22nd, 2018, as he drove from an estate in Tallaght, west Dublin. A search of his vehicle revealed a bag containing white powder in the passenger footwell, later confirmed as cocaine with an estimated street value of €34,104. Costello pleaded guilty to possession of drugs for sale or supply at Dublin Circuit Criminal Court. He told gardaí he had accumulated a drug debt in Athlone and agreed to collect and transport the package in exchange for €300 credit against that debt. Judge Greally imposed a two-and-a-half-year sentence, fully suspended, taking into account his youth, lack of previous convictions, early guilty plea, and difficult personal circumstances at the time. The court noted Costello is now training as an apprentice electrician and has been assessed by the Probation Service as presenting a low risk of reoffending.
An environmental group has successfully resolved a High Court challenge to a County Roscommon flood relief scheme. Friends of the Irish Environment (FIE) brought judicial review proceedings against Roscommon County Council and the State, contesting the council's October 2021 decision to approve an emergency scheme involving a three-kilometre pipeline to transfer water from Lough Funshinagh to Lough Ree. FIE argued the project breached EU environmental law and lacked necessary environmental assessments. On Wednesday before Mr Justice Garrett Simons, the council consented to orders quashing its original approval decision. The court heard that constructed pipeline sections and associated infrastructure cannot be used without High Court permission, and remedial works on affected lands must proceed as agreed. The council has undertaken to pay FIE's legal costs. The judge noted there were significant difficulties with the council's decision and commended both legal teams for resolving the matter. No order on costs was made regarding the State respondents.
A High Court action brought by a woman employed for more than two decades at a meat processing plant in Ballinrobe, County Mayo, has been resolved. Ms Lisa Flanagan, who worked as a receptionist and administrator for Martin Jennings Wholesale Limited, sought an injunction to prevent her dismissal following a workplace dispute with a senior colleague. Ms Flanagan alleged she had been subjected to bullying and that she used intemperate language during an incident, telling her colleague to "shove his job up his ass". She denied formally resigning but claimed the company wrongfully accepted what it characterised as her resignation via email. The company subsequently maintained her position had been terminated. When the matter returned before Mr Justice Mark Sanfey on Wednesday, counsel for Ms Flanagan indicated the proceedings had been resolved. The judge struck out the action with no order as to costs.
Muiris Flynn, a 32-year-old electrician from Co Sligo, is appealing his unfair dismissal from Iarnród Éireann to the Workplace Relations Commission. Flynn, who pleaded guilty in 2019 to dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Co Roscommon, was sentenced to 30 months in prison with the final year suspended. He served 10 months of this sentence. In March 2020, while incarcerated, he received a letter terminating his contract due to frustration. Iarnród Éireann's solicitor, John Brosnan, stated the company relied on legal advice that Flynn could not fulfil his contract while in jail and that a disciplinary process was inappropriate. Flynn's barrister, Michael Kinsey, argued the dismissal was a "flag of convenience" and highlighted that Flynn's employee handbook allowed for leave of absence up to two years. Adjudicating officer Brian Dolan noted the termination letter was sent halfway through Flynn's term, questioning the legal basis of frustration. The matter was adjourned, with the adjudicator to issue a decision in due course based on case law and Flynn's evidence. Separately, the Court of Appeal previously found Flynn's original sentence unduly lenient but did not increase his active custody, instead ordering a €20,000 fine.
In January 2022, the Court of Appeal dismissed the appeal of John Giltrap, 61, who had been convicted of 20 counts of rape against Caroline Kavanagh, a girl aged between 10 and 15, during 1978‑1982 in Bunclody. Giltrap had originally pleaded not guilty to 22 counts but was found guilty on 20 by a jury at the Central Criminal Court in Kilkenny in December 2020 and sentenced to 11 years' imprisonment on each count, with the terms running concurrently. He argued the verdict was "perverse" and "contrary to the weight of evidence." The appellate judges, led by Mr Justice John Edwards, rejected the appeal, stating there was no evidence of jury speculation. Ms Kavanagh, present in the gallery, expressed relief at the decision, noting that Giltrap's lawyers were considering a further appeal of the sentence length.
A receptionist and administrator employed by Martin Jennings Wholesale Limited in Ballinrobe, County Mayo, has brought High Court proceedings seeking an injunction to prevent her dismissal. Lisa Flanagan, who worked for the company for over twenty years, admits using intemperate language towards a senior colleague during a workplace incident in December, but denies formally resigning. The company subsequently informed her that her resignation had been accepted. Ms Flanagan claims the colleague had engaged in bullying behaviour and that she made a protected disclosure to the company regarding these allegations. She contends the company wrongfully terminated her employment and seeks declarations that she remains an employee and that any disciplinary matters be handled according to fair procedures. Mr Justice Senan Allen granted permission for short notice of the proceedings. The High Court action was adjourned to February.
A High Court action concerning a flood relief scheme in Roscommon will not proceed to full hearing until after Easter. The Friends of the Irish Environment group has brought judicial review proceedings against Roscommon County Council's proposal to construct a three-kilometre pipeline transferring water from Lough Funshinagh to Lough Ree. The council contends the works are necessary to mitigate flooding affecting nearby residents. FIE seeks to have the council's October decision approving the emergency scheme quashed, alleging it breaches EU environmental law and fails to properly assess impacts on the designated Special Area of Conservation. Mr Justice Garrett Simons directed that the substantive hearing, expected to last four days, occur following the Easter recess. The court has continued a temporary stay on construction work, following an undertaking from the council, though over fifty-seven percent of the project has been completed. The judge adjourned determination of the council's application to lift the stay for two weeks, to allow the State to make submissions and permit parties to consider a recent relevant judgment.
A long-running dispute between EBS and Betty Martin Financial Services Ltd over the termination of an agency agreement to operate branches in Athlone, Longford and Lucan has been resolved through settlement. BMFS had alleged that EBS unlawfully ended the agreement in 2017 after the company refused to engage in the alleged mis-selling of financial products. EBS denied these allegations and asserted its entitlement to terminate the arrangement. BMFS successfully obtained an injunction from the High Court in 2019, which was upheld on appeal. The matter had been listed for hearing before the Commercial Court. On Tuesday, counsel for BMFS informed the court that settlement discussions had concluded, and both parties agreed the action should be struck out and the injunction vacated. Mr Justice Denis McDonald welcomed the resolution. The hearing would have lasted several weeks. The company, founded by the late Betty Martin of Co Roscommon, is now operated by her children.
The High Court has granted Friends of the Irish Environment permission to pursue judicial review proceedings challenging Roscommon County Council's approval of a flood relief scheme. The council is constructing a three-kilometre pipeline to transfer water from Lough Funshinagh, a designated Special Area of Conservation near Athlone, to Lough Ree, to mitigate severe flooding affecting nearby residents. FIE contends the council's October decision to approve the works under emergency provisions was unlawful and breaches EU environmental directives, as it proceeded without conducting required environmental impact assessments. The organisation also claims the scheme contradicts the Roscommon Development Plan. Mr Justice Garrett Simons imposed a temporary stay on further construction until January 14th, when the court will determine whether to maintain the suspension pending full resolution of the challenge. Approximately fifty-seven per cent of the pipeline has been completed. The council intends to seek lifting of the stay and aims to complete the works by March next year.
In the Court of Appeal on 17 December 2021, Caroline Kavanagh, aged 52, sat in the rear of the court to witness her former attacker, John Giltrap, 61, weeping as he pleaded for his conviction to be quashed. Giltrap had been found guilty on 20 of 22 counts of raping Kavanagh, aged between 10 and 15 at the time, between December 1978 and March 1982, and was sentenced to 11 years' imprisonment on each count with the terms running concurrently. He appealed on the grounds that the jury's verdict was "perverse" and "contrary to the weight of evidence". Kavanagh, who had waived her right to anonymity, testified that the rapes occurred "nearly everyday and sometimes twice a day" in a house and later in a caravan that was moved to a public area known as "the Green". John Giltrap pleaded not guilty.