Court archive

Court reports mentioning Roscommon

2019-07-01 · Dublin

Pair jailed for helping move €350k in cocaine

Two men have been jailed for six years at Dublin Circuit Criminal Court following their admission of involvement in transporting cocaine valued at €350,000. Arvydas Steponkus, aged 45, of Clondalkin, Dublin and Thomas O'Boyle, aged 33, of Sligo pleaded guilty to possession of the drugs for sale or supply on Cruiserath Road, Blanchardstown on 24 February 2018. Steponkus handed over €280,000 worth of cocaine to O'Boyle, with a further €70,000 discovered in a hidden compartment of the Ford Mondeo Steponkus was operating. Gardaí intervened following surveillance after a tip-off revealed the exchange. Judge Martin Nolan noted both men transported the drugs for payment and were aware of their involvement, acknowledging their co-operation and useful admissions to investigating gardaí. O'Boyle has 29 previous convictions including a 2008 drug offence, whilst Steponkus has no prior convictions.

2019-07-01 · Roscommon

Bank wants injunction over Roscommon eviction heard "as soon as possible"

KBC bank has sought an expedited hearing of its High Court application for an injunction requiring three siblings to vacate their home near Strokestown, County Roscommon. The bank seeks an order for Michael Anthony, David and Geraldine McGann to leave the property at Falsk, which was subject to a possession order obtained in 2012. Michael Anthony McGann is alleged to have fallen into arrears on a loan totalling approximately €431,000, with the last repayment recorded in February 2014. The eviction was executed in 2018 and subsequently gained national attention following a security incident. David and Geraldine McGann have opposed the application through their legal representatives. David McGann has separately commenced related proceedings challenging the validity of the possession order's execution. Ms Justice Leonie Reynolds adjourned KBC's injunction application for two weeks, indicating that no hearing date would be fixed until relevant documents were exchanged and the case was ready to proceed.

2019-06-21 · Mayo

Cawley appeals conviction for bludgeoning elderly special needs brothers to death

Alan Cawley (32) of Four Winds, Corrinbla, Ballina, has appealed his conviction for the murder of two elderly brothers with special needs at the Court of Appeal in Dublin. Cawley was unanimously found guilty by jury in 2017 and received a mandatory life sentence for killing Thomas Blaine (69) and John Blaine (76) at New Antrim Street in Castlebar on 10 July 2013. He admitted the killings but denied murder, claiming diminished responsibility on grounds of mental disorder. The appeal focused on the trial judge's directions to the jury regarding intoxication and its interaction with the diminished responsibility defence. The defence argued the jury may have been directed to exclude intoxication before considering mental disorder, whereas both issues could operate simultaneously. The prosecution maintained the trial judge's instructions were legally sound and that evidence of the crime was overwhelming. A three-judge panel reserved judgment.

2019-05-16 · Roscommon

Teachers challenge decision to redeploy them

Two secondary school teachers from Roscommon Town have initiated High Court judicial review proceedings challenging their redeployment. Aisling McTiernan and Aimee Costello, who have each taught at Meán Scoil Muire Gan Smál for over a decade, were selected for redeployment following a Department of Education and Skills circular issued after the school was deemed to have excess teaching staff for the 2019/20 academic year. The teachers appealed the decisions to the school's board of management but were unsuccessful. In their proceedings against both the Minister for Education and the board of management, they contend the redeployment breaches departmental circular requirements, constitutes a breach of fair procedures, and is irrational and unreasonable. They specifically allege the Minister failed to base decisions on accurate audit data and did not provide rationale for determining certain subjects surplus to requirements. The teachers seek orders quashing both the ministerial decision and the board's refusal of their appeals, together with damages. Mr Justice Seamus Noonan granted permission on an ex-parte basis and remitted the matter to July.

2019-04-01 · Mayo

Man jailed for double murder of elderly brothers gets date for appeal

A man convicted of murdering two elderly brothers in Castlebar has been granted an appeal hearing date of 21 June. Alan Cawley, aged 31, of Ballina, Co Mayo, was sentenced to life imprisonment in July 2017 after a jury unanimously found him guilty of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at New Antrim Street on 10 July 2013. Cawley had admitted the killings but denied murder, arguing diminished responsibility on grounds of mental health conditions. The Central Criminal Court rejected this defence. The Court of Appeal fixed the hearing date during a procedural mention. The coroner for Mayo has indicated the inquest into the deaths cannot proceed until the appeal concludes, a matter which has caused concern to the deceased's family. Legal submissions from both parties have now been filed ahead of the June hearing.

2019-03-22 · Dublin

Teen gets four years over violent escape from Oberstown

A 19-year-old man from Strokestown, County Longford, has been sentenced to four years imprisonment at Dublin Circuit Criminal Court for violent offences committed during an escape from Oberstown Children's Detention Campus in Lusk, County Dublin, on 29 May 2017. Michael Ward pleaded guilty to criminal damage, assault causing harm, and assault while attempting to commit theft. During the incident, Ward struck the campus director with a metal bar, causing bleeding, and caused extensive damage to the facility estimated at €17,135. He and other detainees barricaded themselves in an office, armed themselves with metal fixtures, and used an angle grinder to breach the campus perimeter fence. Judge Patricia Ryan imposed concurrent sentences of four years for assault and five years for criminal damage, suspending the final 12 months of both terms. She considered Ward's early guilty plea, efforts at rehabilitation, youth, and apology. Ward is currently serving an earlier four-year sentence, with 12 months suspended, for separate criminal damage offences at Oberstown.

2019-03-19 · Dublin

Pair ran €5m "Ponzi scheme" that duped forestry investors

Two Dublin men pleaded guilty at Dublin Circuit Criminal Court to charges relating to a fraudulent forestry investment scheme. Between January 2014 and mid-2016, Garret Hevey and David Peile induced approximately 143 foreign investors to deposit roughly €5.5 million into Arden Forestry Management. Detective Inspector Catharina Gunne told the court the investments would have required around 858 acres of land, but the company owned only 30.2 acres. Investors were promised returns based on government grants and forest harvesting, though the company was ineligible for grants as its trees exceeded the twenty-year age limit. One investor visited a forest site in Frenchpark, County Roscommon, but was prevented from accessing the land registry to verify ownership. Hevey, of Shankill, Dublin, and Peile, of Ballyguile, Wicklow, both pleaded guilty to dishonestly inducing investment and deception charges. Approximately €1.98 million remained in the company account when gardaí froze it, with €1.5 million having been transferred to a Dubai account. Judge Melanie Greally remanded both men on bail pending sentencing submissions.

2019-02-27 · Roscommon

Farmer brings High Court action over Strokestown eviction

A farmer from near Strokestown in County Roscommon has initiated High Court proceedings against KBC Bank and several related parties following an attempted eviction of his family home in December 2018. David McGann, represented by solicitor and counsel, is seeking various declarations and orders, including preventing any party from taking possession of the property. The eviction attempt attracted significant national attention after security operatives were forced from the property by masked individuals. That incident, which resulted in alleged assault on security personnel, vehicle fires, and the death of a dog, remains under Garda investigation. The McGanns subsequently regained access to their home. Mr McGann's action names KBC Bank, Trinity Asset Managerial Services Ltd, GS Agencies Ltd, Local Authority Services Ltd, and Aidan Devlin, whom he alleges are bank agents, alongside the County Registrar of Roscommon. He seeks declarations that the defendants acted unlawfully and breached his constitutional rights and European Convention protections during the December execution attempt, and claims damages for trespass and defamation.

2019-02-01 · Dublin

Teen caused thousands in damage to Oberstown during escape

Michael Ward, 19, of Co Longford, pleaded guilty at Dublin Circuit Criminal Court to criminal damage, assault causing harm, and assault while attempting to commit theft at Oberstown Children's Detention Campus in Lusk, Co Dublin, on May 29, 2017. The court heard that Ward is currently serving a four-year sentence, with the final 12 months suspended, for prior criminal damage offences at the same facility. Prosecution evidence alleged that Ward assaulted a staff member, barricaded himself in an office with other youths, and struck Campus Director Pat Bergin in the head with a metal bar. Ward and two others allegedly used an angle grinder to cut through the campus fence to escape, causing €17,135 in damage. Ward has 56 previous convictions. Judge Patricia Ryan noted that Ward minimised his actions and ordered a governor's report and a probation report to be prepared. The matter was adjourned for sentencing to March 22 of this year.

2019-01-28 · Galway

Convicted rapist sues over delay in review of alleged perjury by prison guards

A man convicted of rape has initiated High Court proceedings challenging the Director of Public Prosecutions over an alleged delay in reviewing a decision not to prosecute prison officers for perjury. Darius Savickis, originally from Lithuania and with an address in County Galway, was assaulted by several prison guards on 29 September 2009 while serving a sentence at Castlerea Prison in County Roscommon. The incident was recorded on CCTV. Following civil proceedings, the Court of Appeal in 2016 found the officers had lied under oath and awarded him damages totalling €17,225. In 2017, the DPP agreed to review its decision not to prosecute the officers for perjury. Savickis claims his solicitors made repeated enquiries in 2018 regarding progress, with responses indicating the review was ongoing but taking longer than expected. Mr Justice Seamus Noonan granted permission for the judicial review on an ex-parte basis on Monday, with the matter returnable in March.

2019-01-18 · Mayo

Double murderer's appeal holding up inquest

A man convicted of murdering two elderly brothers in Castlebar in July 2013 has had his appeal held up pending legal submissions, which is now delaying an inquest into the deaths. Alan Cawley, aged 31, was found guilty by jury at the Central Criminal Court in 2017 of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at New Antrim Street. He received a mandatory life sentence. Cawley had admitted the killings but denied murder, arguing diminished responsibility due to mental health conditions. The jury rejected this claim. The Court of Appeal has requested that Cawley's legal representatives provide the Coroner for Mayo with an update on the appeal's progress, as the inquest cannot proceed until the appeal concludes. The coroner's delay is causing concern to the deceased's family, according to the court.

2019-01-18 · Roscommon

8 years for man whose gun jammed when he tried to shoot ex-girlfriend in head

A man has been sentenced to eight years in prison at the Central Criminal Court for the attempted murder of his ex-girlfriend in County Roscommon. Gerard Mooney, aged thirty-nine and formerly of Castlerea, pleaded guilty to attempting to shoot the woman in the head on 12th February 2017 at Cartron. He also admitted possessing a sawn-off shotgun, making threats to kill, criminal damage, harassment, and burglary. Justice Michael White imposed a twelve-year sentence on the attempted murder charge, suspending the final four years. The judge noted that Mooney came "within a hair's breadth" of a murder conviction and that his victim survived only due to mechanical failure when the weapon jammed repeatedly. The court heard the accused had made over 250 calls to the victim between 7th and 12th February and had breached court bail conditions prohibiting contact. Justice White identified the case as exemplifying how intimate relationships can become dangerous, citing psychological difficulties and substance abuse as contributing factors. All sentences will run concurrently and were backdated to February 2017.

2018-12-18 · Dublin

Gun jammed repeatedly when man tried to shoot ex-girlfriend in face

A Dublin man has been remanded in custody pending sentencing at the Central Criminal Court following his guilty plea to attempting to murder his ex-girlfriend in County Roscommon. Gerard Mooney, aged 39, admitted to the attempted murder of a woman on 12th February 2017 at Cartron, near Carrick-on-Shannon. He also pleaded guilty to charges including burglary, assault causing harm, possession of a shotgun, threats to kill, harassment, and criminal damage. Evidence heard at the court revealed that Mooney attended the victim's home in Cartron where he fired a shot through a glass door and confronted her with a sawn-off shotgun in the kitchen. He repeatedly pulled the trigger but the weapon repeatedly jammed. The victim provided a statement describing the ordeal and its ongoing psychological impact. Mooney, with previous addresses in Castlerea, was arrested later that evening. Justice Michael White remanded him in custody until 18th January for sentence.

2018-11-29 · Sligo

Murder accused withdrew admission before making prison confession

A Sligo man charged with murder at the Central Criminal Court has pleaded not guilty to killing a musician but guilty to manslaughter. Keith Brady, aged 31, of Cartron Estate in Sligo, is accused of murdering Martin Kivlehan on a date unknown between 2nd and 3rd August 2015 at the victim's home on Holborn Street. During the trial, evidence emerged that Brady initially admitted to the killing following encouragement from his sister. However, when re-interviewed months later with new mobile phone evidence, he retracted this admission, claiming he had made a false confession to escape the interview situation. Subsequently, while remanded in Castlerea prison, Brady contacted gardaí unprompted and provided a detailed account of the incident, stating he stabbed Mr Kivlehan during an altercation but could not explain his actions. He expressed remorse and asked that a message of apology be conveyed to the victim's family. The trial continues.

2018-11-29 · Leitrim

Disputed hotel will open to asylum seekers in early January, court told

The High Court heard on Thursday that the 39-room Shannon Key West Hotel at Rooskey, on the Leitrim-Roscommon border, is set to accommodate asylum seekers from early January. The hotel is the subject of disputed proceedings between Paradub Ltd, which seeks to develop the property as a tourist hotel, and owner James Kiernan. Paradub claims it entered into an agreement to purchase the hotel, which closed in 2011, and alleges Mr Kiernan has failed to complete the sale. The company launched proceedings after learning from media reports that arrangements had been made to house refugees at the property, which it contends breaches the purchase agreement. Paradub seeks an injunction to prevent Mr Kiernan from leasing or disposing of the property to any third party. Mr Kiernan denies the claims. His counsel stated that a third party had entered into an arrangement with the Department of Justice to use the hotel for asylum seeker accommodation from 7 January.

2018-11-19 · Leitrim

Man pleads guilty to attempted murder of woman he had harassed

A 38-year-old man from Roscommon has pleaded guilty to the attempted murder of a woman in County Roscommon. Gerard Mooney of Castle Hill, Castlerea appeared before the Central Criminal Court on 19th November 2018, where he admitted attempting to murder the woman on 12th February 2017 at Cartron, Carrick-on-Shannon. Mooney had previously pleaded guilty to related offences including burglary, assault causing harm, possession of a shotgun, making threats to kill or cause serious harm, criminal damage, and harassment of the woman between 7th and 12th February 2017. A trial scheduled for May 2019 was vacated following the guilty pleas. Mr Justice Michael White directed preparation of a urinalysis report, a Governor's report from Castlerea Prison, and a victim impact statement. The accused was remanded in custody pending sentencing on 18th December 2018.

2018-11-15 · Leitrim

Injunction sought preventing hotel's use as asylum seeker accomodation

Paradub Limited has launched High Court proceedings against James Kiernan, seeking to prevent the Shannon Key West Hotel in Rooskey, Co Leitrim, from being used to house refugees. The company alleges it holds a 2016 option agreement to purchase the 39-room property from Mr Kiernan for nearly €600,000, which it claims he failed to complete. Paradub asserts that recent plans to lease the hotel for refugee accommodation breach this agreement and frustrate the sale. The applicant seeks an injunction restraining the defendant from leasing, transferring, or disposing of the property to any third party, as well as an order halting works at the site pending the court's determination. In a sworn statement, Paradub director Ashton Doherty stated that despite Mr Kiernan's March assurance to local radio that he intended to sell the property, the company recently learned the refugee housing plan had been resurrected. The matter was heard before Ms Justice Leonie Reynolds, who granted Paradub permission on an ex-parte basis to serve short notice of the proceedings on the defendant. The case was adjourned and made returnable to Tuesday's sitting of the court. Richard Kean SC, instructed by solicitor Georgina Robinson, represented the applicant, emphasizing the need to compel specific performance of the sale agreement.

2018-11-12 · Dublin

Drivers must have "particular regard to vulnerability of cyclists", judge says

A bus driver from Dublin has been convicted of careless driving causing death following a collision with a cyclist on Burlington Road in November 2014. Osborn Irabor, aged fifty-eight, had pleaded not guilty to the charge but was found guilty at Dublin Circuit Criminal Court. The incident occurred when his double-decker bus struck Mary White as she cycled towards a T-junction. Ms White sustained traumatic head injuries and died two days later in hospital. Judge Francis Comerford emphasised that drivers must exercise particular regard for cyclists' vulnerability on roads. The court found that the bus cut the corner at the junction, placing the cyclist in a blind spot created by the wing mirror. The judge noted Irabor's previously unblemished safety record since joining Dublin Bus in two thousand and seven, and determined that imprisonment was not warranted. However, Irabor received a mandatory four-year driving disqualification, effective from January first, which will likely result in job loss.

2018-10-30 · Galway

Farmer's latest appeal in long-running dispute is dismissed

The Court of Appeal has dismissed an appeal by Eugene Costello against 2017 High Court injunctions that restrain him from placing animals on lands in Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon. The three-judge panel, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine, and Ms Justice Marie Whelan, upheld the orders granted by Mr Justice Michael Twomey. The appeal also failed regarding the High Court's dismissal of Costello's application to strike out proceedings brought by applicant Carlisle Mortgages. Carlisle Mortgages claims approximately €1.4m remains outstanding on a 2004 loan of €440,000 secured by the land, which it seeks to sell following a 2006 possession order. Costello has alleged the transaction was fraudulent, a claim Carlisle denies. The court rejected Costello's argument that Carlisle needed to renew its execution order of possession before seeking the injunction, noting that Carlisle obtained possession in 2014 after Costello purged a prior contempt. The judges stated that any subsequent adverse action by Costello constituted trespass. Costello has been jailed three separate times for contempt of High Court orders directing him to remove livestock from the lands. Most recently, Mr Justice Twomey jailed him for three weeks for failing to comply with the 2017 injunction, following a one-week jail sentence in January of this year for similar non-compliance. He was also jailed in 2014 for breaching undertakings to remove livestock, from which he was released after purging his contempt.

2018-10-30 · Roscommon

High Court orders extradition of company director wanted over £5m tax fraud

The High Court has ordered the extradition of a Roscommon man wanted in the United Kingdom for involvement in a £5 million tax fraud. Thomas Joseph O'Connor, aged 50 and resident at Cloughbeirne, The Walk, County Roscommon, was convicted at Blackfriars Crown Court in London in January 2007 following a six-week trial and sentenced to four years and six months imprisonment for defrauding the British revenue. He failed to attend his sentencing hearing while on bail and faces additional charges of absconding. O'Connor had opposed his extradition on various grounds, including concerns related to Brexit. However, the Supreme Court dismissed his appeal on 24 October 2018, with Chief Justice Frank Clarke stating he had been afforded ample opportunity to raise relevant objections. Justice Aileen Donnelly ordered his surrender to UK authorities effective 31 October 2018.

2018-10-24 · Dublin

Dublin bus driver guilty of careless driving causing death of cyclist

A jury at Dublin Circuit Criminal Court has found Osborn Irabor, a Dublin Bus driver aged 58 from Tyrrelstown, Dublin, guilty of careless driving causing the death of cyclist Mary White on November 17th, 2014. The collision occurred at approximately 9.40pm at a T-junction on Burlington Road when the bus turned right into the path of Ms White, who was cycling towards the junction. She sustained serious head injuries and died two days later. The jury returned a unanimous verdict after two hours of deliberation. A garda crash investigator testified that the bus had begun its turn prematurely and crossed a solid white line onto the wrong side of the road. The defence argued the incident resulted from visibility issues on a dark winter's night rather than careless driving. Judge Francis Comerford remanded Irabor on continuing bail and adjourned sentencing to November 12th to allow time for character testimonials and victim impact reports to be prepared. Osborn Irabor pleaded not guilty.

2018-10-24 · Dublin

Three buses observed cutting fatal crash corner, expert tells trial

At Dublin Circuit Criminal Court, a forensic collision investigator gave evidence that at least three Dublin Bus vehicles were observed cutting the corner at a junction where a fatal collision occurred in 2014. Osborn Irabor, aged 58, of French Park, Tyrrelstown, Dublin, has pleaded not guilty to careless driving causing the death of Mary White on November 17, 2014. The cyclist was struck by a bus at a T-junction on Burlington Road when the vehicle turned right. Ms White suffered serious head injuries and died two days later. Expert witnesses disagreed on whether the corner-cutting constituted a breach of traffic regulations. A defence expert testified that the road layout required any bus stopped at the yield line to cut across the centre line. A Garda sergeant maintained that no junction should be cut and disputed the findings. The trial continues.

2018-10-23 · Dublin

Dublin bus driver goes on trial accused of causing death of cyclist

Osborn Irabor, a Dublin Bus driver aged 58 from Tyrrelstown, Dublin, has pleaded not guilty to careless driving causing the death of cyclist Mary White at Dublin Circuit Criminal Court. The collision occurred on 17 November 2014 at a T-junction on Burlington Road at approximately 9.40pm. Ms White sustained serious head injuries when her bicycle and the bus collided and was pronounced dead two days later at St Vincent's Hospital. The prosecution contends that Mr Irabor failed to exercise sufficient care while turning right onto Burlington Road, where Ms White was approaching from the right. Evidence indicated Ms White wore reflective clothing, operated functioning bicycle lights, and was visible to other road users. Mr Irabor passed a breathalyser test at the scene. The defence suggested that visibility conditions at that time of year may affect cyclist safety equipment effectiveness. The trial was ongoing at the time of reporting.

2018-10-08 · Roscommon

Farmer jailed for third time for contempt

A County Roscommon farmer has been jailed for three weeks for contempt of a High Court order at the High Court in Dublin. Mr Justice Michael Twomey imposed the sentence on Eugene Costello for failing to remove livestock from 90 acres of farmland at Coolfree, Taughmaconnell, Ballinasloe. Carlisle Mortgages Ltd brought the proceedings, claiming Mr Costello obstructed the sale of the property by keeping cattle on it. The lender sought to sell the land after Mr Costello allegedly failed to repay borrowings from 2004, with approximately €1.4 million outstanding. Mr Costello had undertaken to remove the animals by August 25th but failed to do so. He accepted non-compliance with previous undertakings, though his solicitor disputed whether the livestock in photographs belonged to his client. The judge declined to continue a previously imposed stay on the committal order. This marks Mr Costello's third jailing for contempt in connection with the matter.

2018-07-27 · Dublin

Teen who caused €50k damage to Oberstown is sentenced to 4 years

A man from Strokestown, County Longford, has been sentenced to four years in prison for causing over €50,000 in damage to Oberstown Children Detention Campus during four separate incidents in 2016. The 18-year-old, who was 16 at the time, pleaded guilty to four counts of criminal damage at Dublin Circuit Criminal Court. The incidents involved stand-offs with staff spanning between three and four hours each. One incident included a fire being set in a multi-purpose room. Judge Patricia Ryan imposed the sentence with the final year suspended, and ordered two years' probation supervision upon release. The court acknowledged Ward's efforts at rehabilitation while in detention and his expressions of remorse, but noted the incidents were violent and aggressive, causing significant anxiety to staff and residents. Two further counts of assault and theft were taken into account.

2018-07-23 · Roscommon

Attempted murder accused pleads guilty to making threats to kill and harassment

A 38-year-old Roscommon man has pleaded guilty to threatening to kill a woman and harassing her, whilst facing a separate attempted murder charge. Gerard Mooney of Castle Hill, Castlerea appeared before the Central Criminal Court on 23 July 2018, where he admitted to burglary at a residence in Cartron, Carrick-on-Shannon on 12 February 2017. He also pleaded guilty to assault causing harm, possession of a shotgun, making threats to kill or cause serious harm, and criminal damage during the same incident. Additionally, Mooney admitted to harassing the woman by persistently following, watching and communicating with her between 7 and 12 February 2017. Mr Justice Michael White remanded him in custody pending trial on the attempted murder charge and outstanding counts scheduled for 27 May 2019. The court noted that the firearms offence carries a presumptive minimum sentence of five years, with sentencing to follow after trial.

2018-07-16 · Roscommon

Thief who told "blatant lies" fails in appeal over bid to change guilty plea

A man from County Kildare has lost an appeal against his refusal to withdraw a guilty plea to theft and criminal damage charges at Roscommon Circuit Criminal Court. Conor Judge, aged 31, was sentenced to three years imprisonment in December 2016 for stealing equipment from a windfarm construction site near Arigna in north Roscommon in October 2010. The Court of Appeal upheld the Circuit Court judge's rejection of Judge's application to change his plea, with Mr Justice John Edwards stating the accused had given "blatant lies" and was an "unreliable witness". The court found Judge had failed to demonstrate good and substantial grounds for setting aside his guilty plea. Judge had also alleged coercion by his former legal representatives, claims which were rejected. A psychiatric assessment confirmed he was fit to plead. The Court of Appeal additionally upheld the three-year sentence as correct and proportionate.

2018-05-14 · Dublin

Additional Brexit case referred to European Court of Justice

A High Court judge has referred an extradition case to the Court of Justice of the European Union to determine how Brexit will affect the transfer of suspects to the United Kingdom. The man, arrested in Dublin over two years ago, faces charges of murder and rape in Northern Ireland. Ms Justice Aileen Donnelly granted the referral request made by counsel for the Minister for Justice, finding the matter bound up with issues of mutual trust between jurisdictions. Eight additional cases involving men sought by UK authorities were considered at the same hearing. In February, the Supreme Court had similarly referred another extradition matter to the CJEU, concerning a Roscommon man wanted in connection with a substantial tax fraud allegation in the UK.

2018-05-08 · Dublin

Serial Killer Nash's conviction for Grangegorman Murders is upheld

The Court of Appeal has upheld the murder conviction of Mark Nash for the killings of two women in Grangegorman, Dublin, in 1997. A three-judge panel, led by Mr Justice Alan Mahon, dismissed all grounds of appeal on 8 May 2018. Nash was convicted in 2015 of murdering the two victims, whose bodies were discovered in sheltered accommodation two decades after the crimes. He received a mandatory life sentence. The court found the trial was conducted fairly and the verdict was justified by evidence. Nash's appeal centred on challenges to his admissions to gardaí, forensic evidence including DNA found on his jacket, and the lawfulness of evidence seizure. The judges concluded the scientific evidence did not prove contamination and that a jury could reasonably determine the DNA profiles were present from the time of the murders. Nash is already serving life imprisonment for two further murders committed in Roscommon in 1997.

2018-05-03 · Roscommon

Irishman wins case against Greek revenue demand for €1.5m

An Irish truck driver, Eamonn Donnellan, has successfully challenged a €1.5m tax penalty demand from Greece in the High Court. Mr Justice Tony O'Connor declared that the Irish Revenue Commissioners are not entitled to enforce the Greek authorities' request to recover the demand from Mr Donnellan. The case was referred to the European Court of Justice (ECJ) in 2015, which ruled that member states are not precluded from refusing such requests if the person concerned was not properly notified. Mr Donnellan was notified of the demand in November 2014, following a request by Greek tax authorities in April 2009. He had been jailed in 2002 after a Greek court found him guilty of smuggling, but was later acquitted. He maintained his innocence and served over four months in jail before his release. His legal team, led by Paul McGarry SC, argued the demand was procedurally flawed and an abuse of process. Revenue, which opposed the application, consented to the declaration in Mr Donnellan's favour after the ECJ's ruling. The judge also awarded Mr Donnellan his legal costs against Revenue.

2018-02-02 · Roscommon

Reserved judgement in State's bid to dismiss Peter Pringle damages claim

The High Court has reserved judgement in the State's application to dismiss a damages claim brought by Peter Pringle. Pringle, an applicant, was originally sentenced to death for the murder of gardaí John Morley and Henry Byrne during a 1980 bank robbery in Ballaghaderreen, Co Roscommon. His sentence was later commuted to 40 years imprisonment, of which he served 14 years and ten months until his conviction was quashed by the Court of Criminal Appeal in 1995. He now alleges the State was negligent and breached his constitutional rights by failing to disclose crucial evidence before his trial. The State seeks dismissal of the claim, initiated in the mid-1990s, citing inordinate delay, while Pringle denies any delay on his part. Additionally, Pringle has brought a separate motion for the State to discover documents related to a 2002 DNA analysis by the Forensic Science Service in Birmingham. This analysis compared hair samples from the robbery vehicle with a voluntary blood sample provided by Pringle in 1994. The State informed Pringle's lawyers in 2003 that the results provided strong support for the hair originating from him. Pringle believes this report is intended to halt his damages claim and seeks the associated paperwork, which he claims has not been provided. The State denies these claims and opposes the discovery motion. Ms Justice Carmel Stewart reserved judgement on both applications following submissions from both parties.

2018-01-31 · Roscommon

State bids to dismiss damages claim by man wrongly convicted of 1980 garda murder

The State has applied to the High Court to dismiss a damages claim brought by Peter Pringle, alleging want of prosecution and inordinate delay. Pringle, who was wrongly convicted of the 1980 murders of gardai John Morley and Henry Byrne, served 14 years and 10 months in prison before his conviction was quashed in 1995. He claims the State was negligent and breached his constitutional rights by failing to disclose crucial evidence prior to his Special Criminal Court trial. The State argues that many witnesses from the 1980 Ballaghadreen incident are now deceased or unable to recall events accurately. Pringle opposes the dismissal, asserting that any delay was caused by the State. He has moved for the discovery of documents relating to a 2002 DNA analysis by the Forensic Science Service in Birmingham, which reportedly matched hair from the robbery vehicle to him. Pringle's legal team, including Declan McGovern SC, states these materials are essential to demonstrate his innocence and progress the claim. The State denies the allegations regarding the report and opposes the discovery motion. The hearing before Ms Justice Carmel Stewart continues on Friday.

2018-01-30 · Westmeath

Cage fighter who beat man and left him to drown in Shannon has murder conviction upheld

The Court of Appeal in Dublin has upheld murder convictions against two men in the death of a 23-year-old in June 2014. Leszek Sychulec, aged 35, from Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 36, had been found guilty of murdering Patryk Krupa at Bogganfin, Athlone, County Roscommon. The victim was assaulted and left to drown in the Shannon outside Athlone while incapacitated from head injuries sustained during the attack. A Central Criminal Court jury returned unanimous guilty verdicts in 2016, and both men received mandatory life sentences. Delivering judgment, Mr Justice George Birmingham dismissed all grounds of appeal, finding the trials satisfactory and the verdicts safe. He noted CCTV evidence of exceptional quality from Collins Service Station on the Roscommon Road was central to the investigation, along with DNA and blood evidence recovered from the black BMW used in the abduction and from Sychulec's clothing and watch. Leszek Sychulec pleaded not guilty. Andrzej Gruchacz pleaded not guilty.

2018-01-15 · Roscommon

Extradition cases adjourned over "Brexit" point

The High Court adjourned several extradition cases involving UK warrants on 15 January pending a Supreme Court decision on whether Brexit creates obstacles to surrendering individuals to Britain. Justice Aileen Donnelly postponed the cases to 19 February to allow the Supreme Court to consider the matter. The cases centre on arguments raised in the extradition proceedings against Thomas Joseph O'Connor, a 49-year-old from Roscommon, who was convicted at Blackfriars Crown Court in London in 2007 of involvement in a £5 million tax fraud and sentenced to four years and six months imprisonment. O'Connor failed to attend his sentencing hearing and subsequently returned to Ireland, where he was arrested on an extradition warrant in 2009. The High Court and Court of Appeal previously ordered his extradition, decisions he unsuccessfully appealed. His counsel raised concerns that extradition posed risks to his fundamental rights due to Brexit, an argument Justice Donnelly rejected, finding no credible evidence of such risk. O'Connor then referred the matter to the Supreme Court, with a hearing scheduled for 24 January.

2017-12-20 · Dublin

Court reserves judgement in serial killer Nash's appeal

The Court of Appeal has reserved judgement in the appeal of Mark Nash against his 2015 conviction for two murders in Grangegorman, Dublin, committed in March 1997. Nash, originally from England with Dublin addresses, was sentenced to life imprisonment following a jury verdict after a forty-eight-day trial. He was already serving life for murders committed in Ballintober, County Roscommon, in August 1997. The appeal centred on DNA evidence recovered from Nash's jacket during forensic examination and his admissions to gardaí. Defence counsel challenged the reliability of the DNA findings, citing potential contamination and procedural irregularities in the investigation, including delayed disclosure of evidence and the absence of a search warrant. The prosecution argued the case against Nash was compelling, citing the DNA evidence, his admissions, and forensic findings including matching boot prints. The three-judge panel, presided over by Mr Justice Alan Mahon, reserved decision. The unnamed 44-year-old pleaded not guilty.

2017-12-07 · Galway

Rapist who successfully challenged pensions law fails in sentence appeal

A 77-year-old appellant has lost his appeal against the severity of his prison sentence. The man, whose identity is protected to preserve the victim's anonymity, was found guilty by a Central Criminal Court jury following a retrial of 14 counts of rape and 60 counts of sexual assault committed against his daughter between 2002 and 2006. In May 2011, Mr Justice Paul Carney imposed concurrent 15-year sentences for each rape count and 10-year sentences for each sexual assault count, with the final three years suspended. The Court of Appeal, led by Mr Justice John Hedigan, dismissed the appeal, finding no error in the sentencing judge's approach or conclusions. The court noted the aggravating factors, including the breach of trust, the victim's age, the duration of the offending, and the absence of genuine remorse. The appellant's primary grounds argued that the judge failed to adequately consider his good character, lack of extreme violence, and potential for rehabilitation. However, the court determined that the most significant mitigation, an early guilty plea, was unavailable. Additionally, the court could not address the appellant's successful Supreme Court challenge regarding the constitutionality of Section 249.1 of the Social Welfare Consolidation Act 2005, as no leave to add these grounds had been sought in this specific appeal. The three-judge panel concluded that the sentence was appropriate given the circumstances.

2017-11-23 · Sligo

Jury must consider if murder accused was too intoxicated to form intent

A jury at the Central Criminal Court is to consider whether a 30-year-old man from Sligo was too intoxicated to form the intention to murder when he inflicted fatal stab wounds to the neck of a 59-year-old man in August 2015. Keith Brady of Cartron Estate has pleaded not guilty to murder but guilty to manslaughter for his role in the death of Martin Kivlehan at New Apartments, Holborn Street, Sligo. The State rejected his manslaughter plea. In closing arguments, the prosecution contended that despite evidence of severe intoxication, Mr Brady retained sufficient capacity to engage in deliberate actions before and after the stabbing, suggesting he possessed murderous intent. The defence argued that his intoxication and troubled background prevented him from forming such intention and that a manslaughter verdict was appropriate. The judge instructed the jury that they must determine whether Mr Brady was so affected by drink and drugs that he could not have intended to kill or cause serious injury. Mr Justice Paul McDermott will continue his charge to the jury today.

2017-11-23 · Sligo

Murder accused told gardai he was "out of it" when he stabbed musician

Keith Brady, aged 30, of Cartron Estate in Sligo, stands trial at the Central Criminal Court on a charge of murdering Martin 'Matt' Kivlehan, aged 59, at New Apartments on Holborn Street, Sligo on August 2nd or 3rd, 2015. Mr Brady has pleaded not guilty to murder but guilty to manslaughter. The State rejected the manslaughter plea, and the trial proceeded. The prosecution concluded its evidence this week. During testimony, gardai recounted a statement Mr Brady made at Castlerea Prison in December 2015, in which he described being under the influence of heroin and alcohol at the time of the incident. He recalled stabbing the deceased in the neck but stated he could not remember his motivation. Mr Kivlehan died from two stab wounds to the neck. The trial, presided over by Justice Paul McDermott and a jury, continues.

2017-11-22 · Sligo

Murder accused told gardai he stabbed musician in neck

A 30-year-old man accused of murdering a Sligo musician told gardai he stabbed the victim in the neck but could not recall his motive, the Central Criminal Court heard today. Keith Brady of Cartron Estate, Sligo has pleaded not guilty to murder but guilty to manslaughter in connection with the death of Martin Kivlehan, aged 59, at New Apartments on Holborn Street on August 2nd or 3rd, 2015. The State rejected his guilty plea. Mr Kivlehan died from two stab wounds to the neck. Inspector Tom Colsh told the court that Mr Brady invited gardai to his cell in Castlerea Prison in December 2015 and provided a detailed statement about the incident. Mr Brady said he had been addicted to heroin at the time and that events unfolded after visiting the victim's apartment with his sister. He described the stabbing as a "freak moment" and stated he never intended to kill anyone. Following the incident, he said he and his sister moved the body and placed a duvet over it before leaving.

2017-11-08 · Dublin

Serial killer's appeal to continue in December

The Court of Appeal hearing into Mark Nash's conviction for the 1997 Grangegorman murders in Dublin will conclude in December. Nash, aged 44, was found guilty in 2015 of murdering two women whose bodies were discovered in sheltered accommodation two decades earlier. He received a mandatory life sentence. Nash is also serving a life term for a double killing in Ballintober, County Roscommon, committed five months prior. His appeal challenges the DNA evidence linking him to the Dublin murders and raises concerns about potential contamination during forensic examination. The defence also contends his detention was unlawful and questions the circumstances of his admissions. The prosecution maintains the case against Nash is compelling, citing his confessions alongside forensic evidence and footwear matching. Counsel for the Director of Public Prosecutions argued contamination would require an implausible series of coincidences. Replying submissions are scheduled for December 20th before the three-judge appellate panel.

2017-11-07 · Roscommon

Forensic scientists "put to the pin of their collar" during serial killer's trial, State tells appeal

Mark Nash is appealing his 2015 conviction for the murder of two women whose bodies were discovered in sheltered accommodation in Grangegorman twenty years earlier. Nash was found guilty at the Central Criminal Court and received a mandatory life sentence. He had already been serving life imprisonment for two murders committed in Ballintober, County Roscommon in 1997. At the Court of Appeal hearing, Nash's counsel challenged the forensic evidence, particularly DNA findings on a jacket seized during the investigation. The defence contended there was a risk of contamination at the State's Forensic Science Laboratory. The Director of Public Prosecutions' counsel argued the contamination theory required "a mind boggling series of coincidences" and submitted the case against Nash was "coercive and compelling" based on his admissions, DNA evidence, and footprint matches. The three-judge court reserved judgment.

2017-11-06 · Dublin

Notorious serial killer Mark Nash opens appeal against conviction for Grangegorman murders

A man convicted of two murders in Dublin two decades ago has initiated an appeal against his conviction at the Court of Appeal. The defendant was found guilty in 2015 of the killings, which occurred in 1997 at sheltered accommodation in Grangegorman, and received a mandatory life sentence. He had previously been convicted of two further murders committed in Roscommon in the same year. His legal team contended that the case presented extraordinary difficulties, particularly as another individual had previously confessed to the same Dublin offences before his death. Senior counsel for the appellant raised concerns regarding forensic procedures, including potential contamination of evidence and late disclosure of material to the defence. Questions were also raised regarding the lawfulness of his detention and the circumstances surrounding a search of his premises. The prosecution's case relied principally on the defendant's admissions and forensic findings. The three-judge panel heard arguments over three days at the Court of Appeal.

2017-10-27 · Westmeath

Cage fighter and accomplice who beat man and left him to drown in Shannon appeal murder convictions

Two men convicted of murdering a 23-year-old Polish national in County Roscommon have appealed their convictions at the Court of Appeal. Leszek Sychulec, aged 35, with an address at Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 36, were found guilty by jury in the Central Criminal Court of the killing of Patryk Krupa on 20 June 2014 near Athlone. Both received mandatory life sentences in June 2016. The victim was assaulted, rendered unconscious, and subsequently drowned in the River Shannon. Evidence presented at trial included DNA recovered from Sychulec's belongings and witness testimony. During the appeal hearing, defence counsel for Sychulec challenged the identification procedures used by gardaí, arguing that witnesses were shown a single photograph rather than a range of images. Counsel for Gruchacz raised concerns regarding the admissibility of identification evidence and trial procedure. The prosecution contested these submissions. The three-judge panel reserved judgement. Leszek Sychulec pleaded not guilty. Andrzej Gruchacz pleaded not guilty.

2017-07-29 · Roscommon

High Court rejects bid to appeal extradition over Brexit

The High Court has rejected an application for leave to appeal against the extradition of a Roscommon man wanted in the United Kingdom in connection with a tax fraud investigation. Thomas Joseph O'Connor, aged 49 and resident in Roscommon, had sought to challenge his surrender to British authorities on grounds relating to the UK's withdrawal from the European Union. His legal team argued that Article 50 notification created uncertainty regarding the protection of his fundamental rights post-Brexit. Justice Aileen Donnelly declined the application, finding no evidence of real risk to his rights. The court had previously granted a temporary postponement of Mr O'Connor's extradition on humanitarian grounds. A stay on the extradition order has been granted to permit an application for leave to appeal to the Supreme Court.

2017-07-25 · Mayo

Cawley found guilty of "wanton, savage" double murder of elderly brothers

A 30-year-old man from Ballina has been convicted of the murder of two elderly brothers at the Central Criminal Court. Alan Cawley was found guilty of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at their home on New Antrim Street in Castlebar on 10 July 2013. Both men had learning difficulties and were receiving HSE care. Cawley had admitted the killings but pleaded not guilty to murder, arguing diminished responsibility due to mental health conditions. A jury rejected this defence after hearing evidence from psychiatric experts. Justice Paul Coffey imposed a mandatory life sentence, describing the attacks as "wanton" and "savage". A victim impact statement was read by a family member, who recalled the brothers as gentle men who had cared for each other and were valued members of their community.

2017-07-20 · Roscommon

71-year-old woman to be extradited on charge of assisting in rape of her daughter

A 71-year-old UK citizen with an address in County Roscommon has been ordered to be surrendered to British authorities to face charges of assisting in the rape of her daughter approximately 40 years ago. The High Court heard the woman is accused of indecent assault and joint rape with her then husband at addresses in West Sussex and Devon in the late 1970s, when the complainant was between 10 and 15 years old. The offences were first reported in 2013. Ms Justice Aileen Donnelly ordered the woman's surrender following a European Arrest Warrant issued last March, rejecting arguments based on the age of the alleged offences and the defendant's significant health conditions, including chronic obstructive pulmonary disease and extreme obesity. The judge found insufficient medical evidence supporting claims of unfitness to be tried or imprisoned. However, surrender was postponed on humanitarian grounds to allow the woman to gather medical records and attend appointments. She was remanded on continuing bail to return before the High Court on 2 October.

2017-07-17 · Sligo

Parents of Natalie McGuinness tell court they will never recover from her loss

The parents of Natalie McGuinness, a 23-year-old Sligo woman who was strangled to death by her boyfriend in 2015, told the Central Criminal Court they will never recover from her loss. Oisin Conroy (34), who was previously found not guilty of murdering Natalie McGuinness by reason of insanity, was committed to the Central Mental Hospital following the trial. During the trial, it was heard that Conroy believed he was in the Matrix and strangled Natalie McGuinness to save her. He also caused serious lacerations to his own head with a knife and told a doctor he had tried to 'skin himself alive'. Conroy was charged with murdering Natalie McGuinness at The Mews, Mail Coach Road in Sligo on October 28, 2015, and pleaded not guilty to murdering Ms McGuinness by reason of insanity. On July 7, after deliberating for 24 minutes, a jury returned a verdict of not guilty by reason of insanity. The court heard victim impact statements from Natalie's mother, Catherine McGuinness, and her sister, Jodie McGuinness, who described the profound emotional impact of Natalie's death on their family. Prosecution counsel Ms Tara Burns SC read the victim impact statement on behalf of the McGuinness family. The court also heard evidence from Dr Damien Mohan, a consultant forensic psychiatrist, who stated that Conroy suffers from chronic paranoid schizophrenia and requires ongoing treatment. Mr Justice Tony Hunt committed Conroy to the Central Mental Hospital for inpatient care, noting that he needed close supervision for the foreseeable future.

2017-07-12 · Mayo

Carer becomes emotional as she tells trial of finding bloodied bodies of elderly "gentlemen"

A carer became emotional while testifying at the Central Criminal Court as she described discovering the bloodied bodies of two elderly brothers at their Castlebar home in July 2013. Helen Maloney, who had provided care to Thomas and John Blaine for approximately nine years, told the court she found Thomas in his bedroom saturated with blood and later located John outside the rear of the property, also covered in blood. A garda witness noted that pieces of skin appeared to have been removed from John Blaine's stomach. Alan Cawley, aged 30 and of Four Winds, Corrinbla, Ballina, stands trial at the Central Criminal Court charged with their murder. He has admitted killing both men but pleads not guilty to the murder charge relating to the deaths on 10th July 2013. CCTV evidence placed him entering the brothers' home at midnight, departing approximately one hour later. The court heard Cawley had been released from prison days before the incident. The trial continues.

2017-07-08 · Roscommon

Man who strangled girlfriend found not guilty of murder by reason of insanity

A 34-year-old man from Boyle, County Roscommon, has been found not guilty of murder by reason of insanity at the Central Criminal Court. The accused was charged with the death of a 23-year-old woman in Sligo on 28 October 2015. During the two-day trial, evidence was presented that he had strangled the deceased, whom he believed he needed to kill to save her from what he perceived as an alternate reality. Two consultant forensic psychiatrists testified that the accused was suffering from schizophrenia at the time and would have been unable to refrain from his actions. The jury delivered a unanimous verdict of not guilty by reason of insanity after 24 minutes of deliberation. Mr Justice Tony Hunt committed the accused to the Central Mental Hospital pending a further court appearance on 17 July, when victim impact statements are scheduled to be read and a psychiatric assessment will be considered.

2017-07-06 · Roscommon

Murder accused who strangled his girlfriend was suffering from schizophrenia and "believed he was in the Matrix", trial hears

A 34-year-old man stands charged with the murder of his girlfriend at the Central Criminal Court. The accused, with an address in Boyle, County Roscommon, is charged with strangling a 23-year-old woman at a residence in Sligo on 28 October 2015. He has pleaded not guilty to murder by reason of insanity. The defence has admitted that the accused caused the woman's death by strangulation, with the sole issue being his mental state at the time. Detective Sergeant evidence outlined that the accused made a 999 call to emergency services, stating he had killed his girlfriend using a rear naked choke hold. Forensic psychiatrist Dr Fiona Toal testified that the accused suffered from schizophrenia and had stopped taking anti-psychotic medication months before the incident. She stated he believed he was in the Matrix and that voices instructed him to kill. Dr Toal concluded the accused was unable to refrain from the killing and did not know his actions were wrong. The trial continues before Mr Justice Tony Hunt.