Court archive
Court reports mentioning Geevagh, Sligo
2022-11-03 · Roscommon
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.
2022-02-08 · Sligo
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.
2020-11-24 · Roscommon
The Court of Appeal has upheld a finding that the sentence imposed on Muiris Flynn, a 31-year-old appellant, was unduly lenient for dangerous driving causing serious bodily harm, drink driving, and driving without insurance at Doon near Boyle on September 24, 2017. Flynn pleaded guilty to all charges. While the three-judge panel nominated a headline sentence of six years, they decided not to increase the custodial element because Flynn had already been released from prison and secured new employment. Instead, the court imposed a €20,000 fine, describing it as a substantial part of his punishment. The unserved balance of the three-year custodial sentence was suspended. The court re-imposed the original driving disqualifications, acknowledging their adverse impact on his social and working life but deeming them an appropriate response to the devastating harm caused to the victims. Flynn was given until December 31, 2020, to pay the fine in a single instalment, with permission to pay through the Roscommon Town court office. The matter was not adjourned; the re-sentencing and fine payment deadline were finalized.
2020-10-30 · Sligo
The Court of Appeal has added a €20,000 fine to the sentence of Muiris Flynn, a 31-year-old appellant, following a successful DPP appeal against the undue leniency of his original sentence. Flynn pleaded guilty to dangerous driving causing serious bodily harm, drink driving, and driving without insurance at Doon near Boyle on September 24th, 2017. The original sentence, imposed by Judge Francis Comerford, was four years in prison for dangerous driving causing serious bodily harm, with the final two and a half years suspended, alongside concurrent disqualifications for the other charges. The three-judge appellate court, presided over by Justice John Edwards, found the original sentence unduly lenient and nominated a headline sentence of six years. However, considering Flynn's release from prison, his finding of new employment, and the interests of justice in promoting reform, the court decided not to increase the custodial element. Instead, they suspended the unserved balance of the newly imposed three-year term and imposed the substantial €20,000 fine. The court re-imposed the same driving disqualifications as the circuit court, acknowledging the adverse impact on Flynn's social and working life but deeming it an appropriate response to the devastating harm caused to the victims.
2020-10-20 · Sligo
A 31-year-old man from Geevagh, County Sligo has had his sentence referred for review by the Court of Appeal after being convicted of dangerous driving causing serious bodily harm, drink driving and driving without insurance. The offences arose from a collision on a country road near Boyle, County Roscommon, on 24 September 2017, when his vehicle struck two cyclists. One victim sustained spinal fractures and hip dislocation, requiring prolonged recovery and leaving her unable to return to her former employment as a teacher. The other cyclist suffered significant pelvic fractures and required intensive care treatment. At sentencing in Roscommon Circuit Court, the defendant received four years imprisonment with the final two and a half years suspended, along with an eight-year driving disqualification. The Director of Public Prosecutions appealed the sentence as unduly lenient. The Court of Appeal found the original sentence was indeed unduly lenient and determined that re-sentencing was necessary. The court indicated it would consider all available options, including the possibility of imposing a substantial fine. Judgement is expected by month's end.