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Court reports mentioning Sligo

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2022-12-08 · Dublin

Notorious child rapist 'Rossi' Walsh has conviction overturned

Stephen 'Rossi' Walsh, aged 75, had his 2010 conviction for indecent assault of a seven‑year‑old girl overturned by the Court of Appeal. Walsh had previously been sentenced to 10 years for raping a nine‑year‑old in the early 1990s, and in 2010 received a three‑year sentence for the 1988 assaults, followed by a 12‑year sentence in 2011 for further sexual offences. The appeal centred on pre‑trial media coverage, notably Sunday World and News of the World articles published the day before his trial, which portrayed Walsh as a convicted pervert and gang member. Walsh argued that this coverage prejudiced the jury and that the trial judge failed to give adequate warnings. The Court of Appeal quashed the conviction, noting the coverage was "highly egregious" and that the judge's instructions were insufficient. The court left it to the State to decide whether a retrial is required.

2022-12-01 · Sligo

Yousef Palani gets date for trial on double murder charges

A 22-year-old man from Sligo has been scheduled to stand trial at the Central Criminal Court in November 2023 on charges relating to two deaths and an attempted murder in the town. Yousef Palani is charged with the murder of Aidan Moffitt on April 10th and Michael Snee on April 12th, as well as the attempted murder of another man on April 9th. At a brief hearing before Mr Justice Paul McDermott, the trial was fixed for November 13th, 2023. Defence counsel indicated the case is expected to last approximately four weeks. Mr Palani appeared via video-link from Castlerea Prison in Roscommon during the hearing.

2022-11-03 · Roscommon

Drunk driver who left cyclists with life-changing injuries wins unfair dismissal claim

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.

2022-11-02 · Dublin

Hutch defence team want to know if there was illegal use of tracker device

Gerard Hutch, 59, of Clontarf, Dublin 3, is standing trial in the Special Criminal Court, where he denies the murder of Kinahan Cartel member David Byrne on February 5, 2016. The defence team, led by Brendan Grehan SC, has raised significant concerns regarding the legality of state surveillance, specifically alleging that gardai may have illegally deployed a tracker device on a vehicle belonging to Jonathan Dowdall while it was in Northern Ireland. Mr Grehan argued that such use would breach the law and sought clarification on how specific CCTV enquiries were initiated. Prosecution witness Sean Gillane SC contended that the defence was conflating issues, while the presiding judge acknowledged the emerging legal arguments. Meanwhile, co-accused Jonathan Dowdall, 44, of Cabra, Dublin 7, pleaded guilty to facilitating the Hutch gang by providing access to motor vehicles. He was sentenced to four years in prison for this offence. Dowdall is currently being assessed for the Witness Protection Program to testify against Hutch. Other defendants, Paul Murphy and Jason Bonney, who also face charges of participating in the murder by providing vehicles, have pleaded not guilty and remain on trial. The court continues to hear evidence from National Surveillance Unit members, whose identities are withheld by order.

2022-10-14 · Sligo

McGinley fails in second bid to overturn conviction for murder of Eugene Gillespie

Simon McGinley has failed in his second attempt to overturn his murder conviction at the Court of Appeal. McGinley, aged 38, was convicted in April 2014 of murdering Eugene Gillespie, a retired telecoms broker, at a house on Old Market Street in Sligo on 19 September 2012. Mr Gillespie, aged 67, died in hospital following a cardiac arrest after being assaulted and tied up in his home. McGinley had originally pleaded not guilty to murder and admitted manslaughter instead, but this plea was rejected by the State. He was sentenced to life imprisonment. At the appeal hearing, McGinley's legal team argued he was displaying symptoms of schizophrenia at the time of the attack and that this constituted a miscarriage of justice. Ms Justice Úna Ní Raifeartaigh dismissed the appeal, finding that neither insanity nor diminished responsibility had been raised at trial and that retrospective psychiatric assessment fell short of the required threshold.

2022-10-06 · Dublin

Burglar smashed into garda patrol car

A 26-year-old man has been sentenced to four and a half years imprisonment at Dublin Circuit Criminal Court for a series of offences including dangerous driving, burglary, and criminal damage. Paul Darcy, with addresses in Dublin and Co Sligo, pleaded guilty to reversing a vehicle into an occupied garda patrol car on September 7, 2018, at Stockhole Lane, Santry, trapping two officers inside and injuring them. He also admitted three burglary charges relating to break-ins at properties in the Glasnevin area on September 2, 2018, unauthorised taking of a taxi from Palmerstown on October 11, 2018, and making off without payment for fuel at a service station two days later. Judge Nolan imposed consecutive sentences on the primary counts while suspending the final 18 months subject to strict conditions. He disqualified Darcy from driving for six years, noting the seriousness of deliberately reversing into an occupied vehicle. The court heard Darcy, who had been on bail at the time of the incident, has since engaged in mental health treatment and is drug-free.

2022-07-22 · Sligo

Man accused of directing crime gang to be tried at non-jury court

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.

2022-07-18 · Sligo

Environmental group's challenge to part of biggest capital spend in State's history opens before Supreme Court

An environmental group's challenge to a major State capital investment plan has opened before the Supreme Court. Friends of the Irish Environment brought the appeal against the €165 billion Project Ireland 2040 scheme, which was originally adopted at a Cabinet meeting in Sligo in February 2018. The organisation contends that the plan, comprising the National Planning Framework and National Development Plan, was invalid due to alleged failures in environmental assessment and climate change considerations. The High Court rejected FIE's claim in 2020, and the Court of Appeal upheld that decision. However, the Supreme Court determined the case raised a point of public importance warranting consideration. A seven-judge panel heard the appeal on Monday. FIE seeks to quash the plan's adoption, arguing it failed to meet requirements under the Strategic Environmental Assessment Directive. The State disputes that either plan is subject to such assessment obligations. The hearing was ongoing.

2022-07-14 · Sligo

Glitch in The Matrix: projectionist loses unfair dismissal claim after wrong film screened

A cinema projectionist in Sligo has failed in his unfair dismissal claim following his sack in 2020. Joseph Callaghan, who worked at an Omniplex cinema since 1992, was dismissed after the wrong film was screened to patrons. The Workplace Relations Commission heard that tickets sold for The Matrix were instead fulfilled by The Matrix Reloaded on 12 July 2019, leaving customers significantly dissatisfied. Mr Callaghan denied responsibility for deleting the correct film from the server, contending other staff possessed access to the projection room. However, adjudicating officer Shay Henry found CCTV footage, when accounting for a time delay, showed Mr Callaghan in the server room when the file was deleted. The officer determined the company had reasonable grounds to believe the complainant committed misconduct and that dismissal fell within proportionate responses. The unfair dismissal claim was dismissed, as was a separate claim under the Payment of Wages Act, given the dismissal related to gross misconduct.

2022-07-12 · Sligo

Knife-wielding burglar who threatened to kill residents has jail term increased

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.

2022-06-30 · Sligo

Hotel manager awarded €50k for unfair dismissal

A former general manager of the Clayton Hotel in Sligo has been awarded €50,000 in compensation by the Workplace Relations Commission following a finding of unfair dismissal. Fergal Ryan was dismissed by Dalata Hotel Group PLC after investigations into cash payments made to workers outside normal payroll procedures, including payments to his partner, Kasia Smolinska, a former restaurant manager at the hotel. An adjudicating officer found that whilst Mr Ryan's conduct in approving such payments was inappropriate, the breaches of cash-handling policy did not constitute gross misconduct warranting dismissal. The officer noted that a reasonable employer would have issued a warning or reopened settlement negotiations rather than terminating employment. The decision also found that a letter Mr Ryan sent to his line manager, described as threatening and patronising, was properly excluded from disciplinary proceedings. The compensation award takes into account Mr Ryan's contribution to his dismissal and employment difficulties during the pandemic period.

2022-06-27 · Sligo

Second murderer brings action over new parole board system

Stephen Carney, serving a life sentence for the 2007 murder of his girlfriend Amanda Jenkins, has filed a judicial review against the Minister for Justice. He argues that the 2021 introduction of a new statutory Parole Board has disrupted the administrative processes that previously governed his rehabilitation plan. Under the former system, Carney had successfully progressed through stages of a release programme, including temporary release for training, and was expected to move to the next stage in January 2024. The Minister's response directed him to engage with the new board, which Carney claims will not review his case until at least the third quarter of 2023. He seeks orders compelling the Minister to decide on his application, declarations that the Minister is acting unlawfully, and an order quashing the alleged refusal. The case was adjourned to October after Mr Justice Charles Meenan granted permission to proceed.

2022-06-01 · Sligo

Nine years for man (59) who twice raped woman after Tinder date

A 59-year-old man from Sligo has been sentenced to nine years imprisonment at the Central Criminal Court following his conviction on charges arising from an incident at his home in April 2015. Christopher Feeney was found guilty of rape, oral rape, and two counts of sexual assault following a trial in September 2021. He was acquitted of a false imprisonment charge on which the jury could not reach agreement. The victim, then aged 54, had met Feeney through a dating application and travelled to Sligo town to meet him. The attack occurred at his Millbrook address in the early hours of the morning. Gardaí attended the scene after the woman contacted them and was instructed to display a signal from her balcony. Feeney fled Ireland whilst the Director of Public Prosecutions considered the case and was arrested in the UK in 2019. Mr Justice David Keane imposed concurrent sentences and noted Feeney demonstrated no remorse. A three-year post-release supervision order and sex offender registration were also imposed. Christopher Feeney pleaded not guilty.

2022-04-08 · Sligo

Eucharistic Minister 'living a lie' as child abuser

The Court of Appeal has rejected an appeal against the severity of a sentence imposed on an unnamed 67-year-old man for sexual assault. In November 2020, at Sligo Circuit Criminal Court, the appellant pleaded guilty to 23 counts of sexual assault committed against a victim between September 1999 and May 2011. Judge Francis Comerford sentenced him to twelve-and-a-half years, with four years suspended, resulting in an effective custodial term of eight-and-a-half years. The appellant, who suffered from ill-health, argued that the sentence was excessive and contained an error in principle. His counsel, Eileen O'Leary SC, highlighted mitigating factors including his early guilty plea, admissions to TUSLA before a Garda complaint, lack of prior convictions, and a public apology. The Director of Public Prosecutions, represented by Leo Mulrooney BL, countered that the abuse was serious, occurring in the appellant's car, home, and a garden shed, causing the victim severe psychological harm. In an ex tempore judgment delivered by Mr Justice Patrick McCarthy, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, the court found the sentence fell within the judge's margin of appreciation. The judges noted the appellant had been "living a lie" while serving as a Minister of the Eucharist and concluded that no error in principle was made in imposing the custodial term.

2022-04-01 · Sligo

Victim believed abuser had built shed for purposes of sexually assaulting her

A man aged 67 has appealed his sentence at the Court of Appeal following conviction for sexually assaulting a victim over a 12-year period beginning when she was ten years old. He was sentenced to 12.5 years, with four years suspended, at Sligo Circuit Criminal Court in November 2020 after pleading guilty to 23 counts of sexual assault committed between September 1999 and May 2011. His legal representative argued the eight-year custodial term was excessive and disproportionate, citing his early guilty plea and absence of prior convictions. The Director of Public Prosecutions submitted the sentence appropriately reflected the severity of the abuse, which occurred in various locations including the appellant's vehicle, home, and garden shed. The victim reported experiencing lasting psychological harm, including anxiety and self-harm. The three-judge court has reserved judgment on the appeal.

2022-03-15 · Ireland

Bus driver unfairly sacked after pruning branches at client's home

The Workplace Relations Commission ruled that bus driver Simon Logue was unfairly dismissed by Boyce Coach Travel Ltd after pruning tree branches at a client's home. Logue, who represented himself, alleged he obtained permission from the service user's mother to clear the obstruction. He filed complaints under Section 8 of the Unfair Dismissals Act and Section 7 of the Terms of Employment Act. Logue stated that the client's father complained to the HSE about him "interfering" with property, leading to his dismissal. Adjudication officer Shay Henry found that disciplinary procedures were not at the required standard, noting no written notice was given and Logue was denied the opportunity to represent himself. The officer accepted Logue's evidence that he spoke with the mother before pruning, describing his actions as ensuring health and safety. The officer ruled the dismissal unfair, awarding Logue €15,600 in compensation, equivalent to a year's salary. Additionally, the company was ordered to pay €200 for failing to provide a written contract. Peter Boyce, the company owner, was identified as the applicant in the case records, though the adjudication focused on the employer's liability for the unfair dismissal.

2022-02-16 · Wicklow

Delivery driver forced to relieve himself into bottle, WRC hears

Drmitriu Sehleanu, a former delivery driver from Bray, Co Wicklow, appeared before the Workplace Relations Commission to present a complaint of constructive dismissal against Cordelia Foods Ltd. The hearing, presided over by Adjudicator Kevin Baneham, concluded with the matter adjourned for the adjudicator to consider a decision. Mr Sehleanu alleged that he was forced to work 12 to 13 hours daily, driving up to 900km per day, and was pressured to exceed speed limits to meet delivery deadlines. He claimed he had to relieve himself into a bottle due to a lack of bathroom access and suffered a back injury while lifting flour without proper training. The company denied all claims, stating there was no bottle in the van, no workplace accident occurred, and Mr Sehleanu did not work beyond contracted hours. The company's representative, Rafaella Capolupo, argued that if the alleged speeding texts were true, Mr Sehleanu should be fined. The adjudicator closed the hearing to deliberate on the findings.

2022-02-11 · Sligo

Growhouse 'manager' fails in bid to have 4-year jail term reduced

A 44-year-old Lithuanian man has failed in his appeal against a four-year custodial sentence imposed for managing a cannabis cultivation operation in Ballymote, County Sligo. Danius Gastilavicius pleaded guilty to cultivating cannabis plants at the premises on 26 March 2020 and was sentenced to five years' imprisonment with the final year suspended by Judge Francis Comerford at Sligo Circuit Criminal Court in December 2020. Gastilavicius argued the sentence was disproportionate compared to that of his teenage co-accused, who received three years with the last 20 months suspended. His counsel submitted both men were apprehended at the scene and noted fewer than 20 plants were recovered. The Director of Public Prosecutions contended the appellant held a managerial position and had significant previous convictions, distinguishing his culpability from his younger co-accused. The Court of Appeal dismissed the application, finding Judge Comerford had properly assessed each offender's respective roles.

2022-02-11 · Mayo

Woman left paralysed speaks of relief after driver fails in bid to restore license

The Court of Appeal has rejected Martin Kearney's bid to have his driving licence restored, upholding a previous decision by Judge Francis Comerford at Sligo Circuit Criminal Court. Kearney, of Castlefield Manor, Ballina, Co Mayo, was jailed for four years in 2012 by Judge Anthony Hunt after admitting dangerous driving causing serious harm to passenger Lydia Branley. He was initially banned from the roads for 20 years, a sentence reduced to 12 years on appeal in December 2014. Kearney's barrister, Liam Dockery BL, argued before the Court of Appeal that Judge Comerford erred in law under Section 29(1) of the Road Traffic Act 1961, claiming the ban was purely punitive. However, Mr Justice John Edwards ruled that the application must be rejected. The incident occurred in September 2010 when Kearney lost control of his BMW at 150 km/h near Ballisodare, leaving Branley, then 25, paralysed. She spent nine months in a coma and remains unable to eat or talk without assistance. Ms Branley attended the proceedings in person, expressing relief at the outcome. Her representatives noted that Kearney had already been banned and should not have been driving that night. The court's decision effectively maintains the 12-year driving ban, denying Kearney's request to restore his licence.

2022-02-08 · Sligo

Drunk driver sacked from Iarnród Éireann job claims he was unfairly dismissed

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.

2022-01-17 · Dublin

Man who took part in notorious violent burglary and sex assault is returned to jail

In January 2022, Judge Paul McDermott re‑activated 18 months of the five‑year suspended portion of Jason Paget's 15‑year sentence for aggravated burglary and sexual assault committed in 2003. Paget, 34, had been released in 2018 after serving ten years and had returned to the UK. He had failed to comply with Probation Service requirements, citing lack of a UK system and COVID‑related issues. The judge noted Paget's earlier remorse, good behaviour and limited contact with victims, and decided not to re‑activate the full suspended term. The case remains at the stage of a suspended sentence adjustment, with the court acknowledging Paget's partial compliance and the absence of a UK probation arrangement. No further convictions or outcomes are reported in the article. Probation Service pleaded guilty.

2022-01-12 · Donegal

Child rapist gets 10 years after victim's 'torture' in quest for justice

A man has been sentenced to ten years imprisonment following his conviction at the Central Criminal Court in Sligo on 31 counts of sexual assault and rape offences against a teenage boy in County Donegal between 1995 and 2000. The 59-year-old, with an address in Ballina, Falcarragh, was found guilty by jury after a trial that represented the fourth legal proceeding in the case. Earlier trials had been discharged for legal reasons or resulted in hung juries. The complainant, now aged 39, described enduring six years of "complete torture" through the protracted court process since first reporting the matter to gardaí in October 2015. He testified four times during proceedings. Mr Justice David Keane imposed a headline sentence of thirteen years, reduced to ten years to account for mitigating factors including the defendant's lack of prior convictions. A three-year post-release supervision order was also imposed. The defendant intends to appeal his conviction, and has been registered as a sex offender.

2021-12-21 · Sligo

Dept of Agriculture official has some animal welfare convictions quashed after court error

The High Court has set aside certain convictions and suspended sentences imposed on a Department of Agriculture official in relation to animal carcass disposal breaches. Bernard Kilgariff, aged 64, of Bricklieve, Castlebaldwin, County Sligo, was convicted before Sligo District Court in June 2021 of animal welfare offences spanning several years. He pleaded guilty to charges including animal neglect, welfare breaches, and failure to have animals tested for tuberculosis and bovine viral diarrhoea since 2016. The District Court imposed a four-month suspended sentence on carcass disposal charges and fines on testing matters. However, the Minister for Agriculture sought judicial review, arguing the judge erred in imposing a custodial sentence for offences that carried a maximum fine penalty only. Mr Justice Charles Meenan granted the orders quashing the convictions and sentences relating to the 2015 Disposal of Carcases Regulations breaches. The remaining orders, including a five-year disqualification from holding a herd number, remain valid.

2021-12-20 · Sligo

Gardai rescued woman from Tinder rapist after telling her to hang towel from balcony

Christopher Feeney (58) was found guilty at the Central Criminal Court of rape and sexual assault following a trial last September. The offences occurred at his home in Millbrook, Riverside, Sligo on 26 April 2015. The victim, then aged 54, met Feeney through a dating application and accompanied him to his apartment. During an assault lasting approximately one hour, the woman was pinned down and raped. She managed to contact gardaí, who instructed her to hang a towel from the balcony to identify his location. Officers arrived shortly thereafter and arrested Feeney. He was convicted on four counts, including rape and sexual assault, though the jury could not agree on a false imprisonment charge. Mr Justice David Keane indicated an intention to impose a nine-year sentence, with a portion potentially suspended pending a Probation Services report. The matter was adjourned for finalisation on 28 March 2022. Feeney, who had fled Ireland and was subsequently arrested in the UK in 2019, has remained in custody since his return. Christopher Feeney pleaded not guilty.

2021-12-13 · Donegal

Four trials and 'six years of torture' before child rapist convicted, court hears

A man has been convicted at the Central Criminal Court in Sligo of sexually abusing a child over a five-year period in Donegal. Liam Carr, aged 59 and with an address in Ballina, Falcarragh, County Donegal, was found guilty of 31 counts including sexual assault, anal rape and oral rape of the boy between September 1995 and September 2000. The jury could not agree on four further counts. The case reached trial four times after legal issues and previous jury disagreements. The victim, now aged 39, described the legal process in a statement read to the court as six years of "complete torture" since first approaching gardaí in October 2015. He stated he had given testimony on four separate occasions. Defence counsel indicated Carr does not accept the verdicts and intends to appeal his conviction. The case has been adjourned for sentencing on 17 January 2022.

2021-10-29 · Offaly

Learner driver avoids jail for causing serious injuries to cyclist

Paulina Galantkiewicz, a 34‑year‑old learner driver from Belmont Park, Raheny, was convicted of dangerous driving causing serious bodily harm after she ran over cyclist Aline Taveres, 34, on Oak Road, Clondalkin, on 1 June 2018. Galantkiewicz told the court she panicked, pressed the accelerator instead of the brakes, and rolled over the cyclist. She had no prior convictions. The jury found her guilty on the sole count after an hour and a half of deliberation. Judge Martin Nolan, noting the lack of aggravating factors such as speed, alcohol or drugs, and Galantkiewicz's unblemished record, imposed a two‑year suspended sentence and a four‑year automatic disqualification from driving, with no requirement to retake the driving test. The sentence reflected the serious injuries sustained by Taveres, who now uses a wheelchair and has not worked since the accident. The court heard that the collision occurred in wet weather, with no independent witnesses but CCTV evidence. Paulina Galantkiewicz pleaded not guilty.

2021-10-14 · Sligo

'New evidence' that man who murdered retired broker had mental illness

Simon McGinley (38) appeared before the Court of Appeal on 14 October seeking to have his murder conviction quashed on the basis of new psychiatric evidence. McGinley was convicted in April 2014 of murdering Eugene Gillespie (67) at a residence on Old Market Street, Sligo, on 19 September 2012. He had initially pleaded not guilty to murder but guilty to manslaughter, a plea the State rejected. Evidence presented to the three-judge court indicated McGinley was displaying symptoms of schizophrenia at the time of the attack, a matter not considered during his trial. Defence counsel argued the defendant's mental state was directly relevant to the question of intent and that the jury should have been afforded the opportunity to consider this material. State counsel contended that mental disorder alone could not form the basis for overturning a conviction previously reaffirmed on appeal in 2016. Mr Justice George Birmingham reserved judgment. McGinley remains serving a life sentence.

2021-09-30 · Dublin

Alleged victim 'very abusive' towards manslaughter accused, trial hears

A manslaughter trial at Dublin Circuit Criminal Court has heard evidence regarding the character of the deceased man in the case. Ronan Byrne, aged 31, of Lohunda Downs, Clonsilla, Blanchardstown, Dublin, pleads not guilty to the unlawful killing of James Marren, aged 57, at that address on 31 October 2013. He also denies producing a baseball bat during a dispute and assaulting Mr Marren on 26 October 2013. The prosecution alleges Mr Byrne fractured the victim's leg with a bat, leading to complications including a fatal blood clot. During the sixth day of trial, the court heard a statement from the deceased man's son describing the victim as heavily drinking and abusive towards the accused and his family members. The witness stated he had not seen his father for four years prior to his death due to the pattern of abusive behaviour. The prosecution formally closed its case before the jury. Judge Patricia Ryan presides over the trial, which continues.

2021-06-17 · Dublin

Notorious child rapist Rossi Walsh argues media coverage cost him fair trial

Stephen 'Rossi' Walsh, a 74-year-old former resident of Rathgar, Dublin, appealed his 2010 conviction for two counts of indecent assault at the Court of Appeal. Walsh, who represented himself at the original Dublin Circuit Criminal Court trial, argued that adverse media coverage published the day before his trial impaired his right to a fair trial. Counsel Paul Carroll SC submitted that Judge Patrick McCartan failed to apply fair procedure by not adjourning the proceedings to allow a "fade factor" for juror memory, despite Walsh's complaint about newspaper articles referencing his prior convictions. Walsh also alleged judicial bias, claiming Judge McCartan was familiar with him through the Prisoners' Rights Organisation. The State, represented by Dean Kelly SC, countered that the trial judge was fair and that Walsh himself raised his criminal history. The appeal concerns the October 21, 2010, conviction where Walsh was sentenced to three years' imprisonment, a term made consecutive to a prior 10-year sentence for rape. Presiding Judge John Edwards reserved judgment, noting that a decision would not be issued in the next short weeks. The matter remains adjourned pending the court's final determination on whether the pre-trial media coverage compromised the trial's fairness.

2021-05-19 · Sligo

Murderer secretly filmed wife in shower

A man from Sligo has been convicted of murder at the Central Criminal Court following the unlawful killing of his wife in April 2018. The court heard that Rafal Karaczyn, aged 35, of Crozon Park, Sligo, had secretly recorded his wife using a concealed camera in the bathroom of their shared home after she indicated she wished to end their relationship. Four videos recovered from electronic devices showed Karaczyn placing recording equipment in the bathroom before his wife entered, then retrieving it afterwards. The footage was dated between November 2017 and March 2018, a period when the couple were residing in separate rooms. The trial judge ruled the recordings inadmissible as evidence before the jury, determining they were not relevant to the central question of intent. Karaczyn was found guilty of the murder of Natalia Karaczyn on 29 April 2018.

2021-05-19 · Sligo

Husband guilty of murder for strangling wife who wanted her own life

A man from Sligo has been found guilty of murdering his wife at the Central Criminal Court. Rafal Karaczyn, aged thirty-five, of Crozon Park in Sligo, pleaded guilty to manslaughter but not guilty to murder for the unlawful killing of his wife Natalia on 29 April 2018. A jury of eleven members returned a guilty verdict for murder following a two-day deliberation, with ten jurors in agreement. The trial heard that Natalia had sought to leave her husband and have him removed from their home. When she returned to the family residence in the early hours of a Sunday morning, Karaczyn demanded to know where she had been. He subsequently strangled her. Karaczyn claimed provocation, asserting that his wife's slap and refusal to disclose her whereabouts caused him to lose self-control. The jury rejected this defence. Ms Justice Eileen Creedon imposed the mandatory sentence of life imprisonment. Following sentencing, Superintendent Mandy Gaynor commended the garda investigation and thanked the community in Sligo for their cooperation.

2021-05-18 · Sligo

Jury deliberating in trial of husband accused of murdering wife

A jury at the Central Criminal Court is continuing deliberations in the trial of a Sligo man charged with murder. Rafal Karaczyn, aged 35, of Crozon Park, Sligo, has admitted killing his wife Natalia but denies murder. He has pleaded guilty to manslaughter. The death occurred on 29 April 2018 at their home address. Ms Justice Eileen Creedon instructed the jury of twelve that they may return a verdict of guilty of murder, guilty of manslaughter, or not guilty of murder. She outlined the legal distinction between the offences and addressed the potential defence of provocation. The judge explained that provocation, where applicable, would reduce a murder conviction to manslaughter. She emphasised that the defence does not apply where an ordinary person in similar circumstances could exercise self-restraint. The jury had deliberated for more than two hours when the report was filed and were to resume their consideration the following day.

2021-05-17 · Sligo

Wife's wish to move on not a 'provocative act', prosecution tell murder trial jury

Rafal Karaczyn, 35, of Sligo, is currently on trial at the Central Criminal Court for the unlawful killing of his wife, Natalia Karaczyn, on April 29, 2018. Mr. Karaczyn has pleaded guilty to manslaughter but not guilty to murder. The jury must determine whether he intended to kill his wife or was provoked to the extent that he temporarily lost self-control. Prosecution counsel Conor Devally SC argued that the victim's wish to end the marriage was not a provocative act, citing a Supreme Court decision that sexual jealousy or possessiveness cannot reduce murder to manslaughter. He described the alleged trigger—a slap and being pushed from a room—as "pathetically mild." Defence counsel Brendan Grehan SC countered that Mr. Karaczyn was not a cold-blooded killer but a devoted father who lost control in the heat of the moment. He highlighted the absence of a weapon, a planned disposal site, or prior history of domestic violence. The trial has heard that Ms. Karaczyn returned home after having sex with another man, leading to a confrontation. The matter is at the trial stage, with the judge set to deliver her charge to the jury tomorrow.

2021-05-13 · Sligo

Murder accused demonstrated how he strangled wife with both hands

Rafal Karaczyn, 35, of Crozon Park, Sligo, is on trial at the Central Criminal Court for the death of his wife, Ms Karaczyn, at their family home between April 29th and May 1st, 2018. He has pleaded not guilty to murder but guilty to manslaughter. The trial heard that Mr Karaczyn demonstrated to gardai how he strangled his wife with both hands after she slapped him. He admitted to Detective Garda Pauline O'Neill that he unlawfully killed her and accepted he alone caused her death. Although he initially provided false accounts, including a claim of a gun threat, he later confessed to the truth after speaking with his sister-in-law. The defence called witness Piotr Korozan, who described the accused as mentally destroyed by marital difficulties. The prosecution noted the accused has no prior convictions or history of domestic violence. The matter was adjourned to continue on Monday before Ms Justice Eileen Creedon and a jury.

2021-05-12 · Sligo

Wife told husband to 'never set foot' in home again, murder trial hears

At the Central Criminal Court, a jury has heard evidence of exchanges between Natalia and Rafal Karaczyn in the months before her death. Text messages and Facebook communications were presented showing Ms Karaczyn repeatedly rejecting her husband's attempts at reconciliation, telling him to leave her life and forbidding him from entering their Crozon Park home in Ballymote, Sligo. Two days before her death, she stated he could "never set foot" in the house again. Detective Sergeant Oliver McHale testified about these communications. Rafal Karaczyn, aged 35, has pleaded not guilty to murder but guilty to manslaughter. He admits unlawfully killing his wife by strangling her at their family home between 29 April and 1 May 2018. During garda interview at Ballymote station, he denied causing her death and described an alleged threat from unknown individuals. The trial before Ms Justice Eileen Creedon continues.

2021-05-11 · Sligo

Wife strangled by husband told him she wanted her own life, trial hears

Rafal Karaczyn, 35, is on trial at the Central Criminal Court, having pleaded not guilty to the murder of his wife, Natalia Karaczyn, but guilty to her manslaughter. The alleged killing occurred at their family home in Crozon Park, Sligo, between April 29th and May 1st, 2018. Mr Karaczyn admits to unlawfully strangling his wife and accepting sole responsibility for her death. Chief State Pathologist Dr Linda Mulligan testified that Ms Karaczyn died from asphyxiation due to pressure applied to her neck. She noted bruises on the chin, eyes, scalp, and left arm, with the arm injury potentially defensive. Dr Mulligan stated death was not instantaneous but could not determine the duration of pressure. The jury heard text messages from December 2017 to March 2018, where Ms Karaczyn told her husband she wanted her own life and asked him to leave her alone, while he repeatedly pleaded for forgiveness. Det Garda Oliver McHale presented these messages, describing them as bickering. The trial is ongoing before Ms Justice Eileen Creedon and a jury of eight women and four men. Det Garda McHale's evidence was adjourned to continue the following day.

2021-05-07 · Sligo

Husband described lying down beside wife's body after strangling her, witness tells murder trial

A murder trial at the Central Criminal Court heard that the accused man described lying beside his wife's body for ten to fifteen minutes after strangling her with his bare hands. Magdalena McMorrow, the victim's sister, told the court that Rafal Karaczyn made this admission at Ballymote Garda Station four days after Natalia Karaczyn's death in May 2018. Ms McMorrow said the accused initially gave her false accounts, claiming not to know what had happened to his wife and later alleging involvement by a Traveller family. The witness described searching for her sister on the morning she went missing and the accused's anxious behaviour during that search. Karaczyn, aged thirty-five, of Crozon Park, Sligo, has pleaded not guilty to murder but guilty to manslaughter. The trial heard evidence that Natalia had been with another man the night before her death. The case continues before Ms Justice Eileen Creedon and jury.

2021-05-06 · Sligo

Husband strangled wife after she slept with other man, murder trial hears

A murder trial opened at the Central Criminal Court on May 6th, 2021, concerning allegations that a Sligo man killed his wife following her return home from another man's house. The accused, aged 35 and resident at Crozon Park, Sligo, has pleaded not guilty to murder but guilty to manslaughter. The prosecution alleges the victim, aged 30, arrived home in the early morning hours after consensual sexual activity elsewhere, whereupon an argument ensued in the bedroom and she was strangled. The defence acknowledges the accused unlawfully killed his wife by strangulation and accepts sole responsibility for her death. The central issue for the jury concerns the accused's mental state at the time. The couple, originally from Poland, had lived together in Sligo with their three children despite an unhappy marriage, sleeping separately. The trial continues before Ms Justice Eileen Creedon and a jury of twelve.

2021-05-05 · Sligo

Jury sworn-in for trial of husband accused of murdering wife

A jury of nine women and three men has been sworn in at the Central Criminal Court to hear the trial of a Sligo man charged with murder. Rafal Karaczyn, aged 35, of Crozon Park, Sligo, has pleaded not guilty to murder but guilty to manslaughter following the death of his wife at their family home in April 2018. The trial, which opened before Ms Justice Eileen Creedon, is expected to continue for approximately two weeks. The accused denies the murder charge while admitting to the unlawful killing.

2021-04-26 · Dublin

'Evil' rapist McGee has more conditions attached to release

Barry McGee, aged 38, was convicted of raping and threatening to kill two Australian women in 2002. He was sentenced in 2003 to 17 years' imprisonment, with the last two years suspended, and ordered to be supervised by the Probation Service for 10 years after release. In 2017, a Probation Officer applied for three additional conditions: participation in risk assessment, notification of overseas travel two weeks in advance, and compliance with all lawful directions. The court, hearing the application in 2023, found the conditions necessary and imposed them, warning that non‑compliance could lead to a summary conviction and up to 12 months' imprisonment or a fine. The supervision period is set to expire in October 2023. The case details the 2002 assault, the subsequent arrest, and the court's sentencing hearing. Barry McGee pleaded guilty.

2021-03-24 · Donegal

Lidl sues IFA over milk allegations

Lidl Ireland and Lidl Ireland Gmbh, acting as applicants, brought defamation proceedings against the Irish Farmers Association (IFA), its President Tim Cullinan, and Vice-President Brian Rushe. The applicants alleged that the IFA published media advertisements and statements claiming Lidl's own-brand milk is not Irish and that the chain misled customers. Lidl contended these allegations were untrue and defamatory, seeking an injunction under Section 33 of the 2009 Defamation Act to prohibit further publication of such claims pending the full dispute. The applicants stated they source their 1-litre milk from Arrabawn in County Donegal and their 2 and 3-litre cartons from Strathroy in Northern Ireland, which sources milk in Ireland. They rejected accusations of creating a "fake dairy" or "phantom farm," clarifying that "Coolree Creamery" is a registered trademark rather than a physical creamery. Lidl also denied engaging in branding strategies to drive down prices paid to farmers, noting that farmers are paid via milk processors. The matter came before Mr Justice Senan Allen, where Lidl sought ex-parte permission to serve short notice on the defendants. The judge adjourned the action to a date in April, following the court's Easter vacation.

2021-03-10 · Sligo

Cash posted to 'fictitious' person is forfeited to State

A judge at Dublin Circuit Criminal Court has ordered the forfeiture of €6,700 in cash intercepted at an An Post sorting facility in south Dublin. The package, which arrived from the United States in June 2020, was addressed to a Michael Wilbald at a Sligo town residence. A Revenue-trained detector dog alerted officers to the presence of cash, which was subsequently located inside a blank greeting card. Following investigation by the Revenue Commissioners, no person of that name could be identified through Department of Social Welfare or Revenue records, and enquiries at the address confirmed no such resident lived there. Subsequent letters to the addressee went unanswered, and attempts to trace the sender proved unsuccessful. A second package containing cash and addressed to a different person at the same location was later discovered and remains under investigation. Judge Elma Sheahan found the evidence satisfied her that the cash represented proceeds of criminal conduct and ordered its forfeiture to the State.

2021-02-24 · Sligo

Jail for scrambler strike that left student with serious injuries

Shane Ward, 24, was sentenced to two years' imprisonment for dangerous driving that caused serious harm to a foreign student, Radhika Lausin, 28, at Drimnagh LUAS Stop on 30 January 2020. Ward, riding an uninsured scrambler motorbike, struck Lausin from behind while she had just disembarked from the LUAS. The collision sent the bike into a nearby canal; Ward escaped the scene on a friend's bike. He pleaded guilty to dangerous driving, driving without insurance and leaving the scene. Lausin suffered head injury, jaw and wrist fractures, and a thigh injury, requiring two operations. The court noted Ward's prior insurance offence and his remorse, including a €10,000 payment. Judge Martin Nolan imposed the custodial sentence and a six‑year driving disqualification. Ward's case was heard at Dublin Circuit Criminal Court.

2021-01-15 · Dublin

Man who admitted trying to murder wife is denied permission to bring new appeal

An Algerian man, Lounes Ouachek, 50, of Tallaght, pleaded guilty in 2014 to attempting to murder his wife, Ruta, by striking her with a kettlebell on 23 August 2012. He was sentenced to 15 years' imprisonment, with the final three years suspended, and the sentence was reduced by one year in 2015. In January 2021, Ouachek applied to the Court of Appeal for permission to bring a new appeal after the statutory period had passed. He claimed he was misled by his legal team, that Garda evidence was fabricated, and that he had not understood English or had an interpreter at his hearing. The Court of Appeal, hearing arguments from the Director of Public Prosecutions, found no basis to extend the time and refused his application. The appeal was therefore denied. The case remains at the stage of a denied appeal application.

2020-11-24 · Roscommon

Drunk driver has until New Year to pay €20k fine

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.

2020-11-23 · Louth

Businessman's dissident ordeal so bad he asked to be shot

A Co Down man has pleaded guilty to demanding money with menaces from a Mayo businessman in Omeath, Co Louth, in December 2017. Anthony Finglas, aged 49, appeared before the Special Criminal Court on charges arising from an incident in which the businessman was attacked by multiple assailants armed with iron bars and a knuckle-duster. The court heard that the victim was forced into a car boot and threatened with death unless he paid £50,000. Following the assault, the businessman reported receiving threatening phone calls and messages demanding payment. A victim impact statement indicated the man suffered severe psychological trauma, including suicidal ideation. Finglas's defence counsel argued his client played a minor role in the attack and showed restraint by urging the assailants to cease the violence. The defendant entered an early guilty plea and cooperated with gardaí. The Special Criminal Court adjourned sentencing to December 15th, with the maximum penalty for the offence being fourteen years imprisonment.

2020-11-20 · Sligo

Woman who staged murder victim's suicide charged with 33 new offences while on suspended sentence

A woman serving a suspended sentence for staging a murder victim's suicide has been sent back to jail after a judge heard she has been charged with 33 new offences, has consumed crack and heroin, and failed to give notice of where she was living. Janice Brady, with a last address at Maryville Hostel, Finisklin, Sligo, was sentenced to four years in prison in November 2019 for staging a suicide to impede the prosecution of her brother for the murder of Sligo musician, Martin "Matt" Kivlehan (60). She had pleaded guilty to the impeding charge in November 2017. Keith Brady (33) was found guilty of Mr Kivlehan's murder at New Apartments, Holborn St, Sligo on August 2 or August 3, 2015. Earlier this month, a bench warrant was issued for Brady after she breached the terms of her suspended sentence again. Activating the suspended part of the original sentence, Mr Justice White said that he had to impose the balance of the ten month sentence as Brady was in trouble again with the law, had failed to cooperate with the probation services and was still abusing drugs. The matter was adjourned.

2020-11-09 · Sligo

Bench warrant issued for woman who staged suicide of murder victim

Justice Michael White issued a bench warrant for the arrest of Janice Brady, who is in automatic breach of her suspended sentence. Brady, 29, was previously sentenced to four years in prison for staging the suicide of Martin "Matt" Kivlehan to impede the prosecution of her brother, Keith Brady. Keith Brady was found guilty of Mr Kivlehan's murder at New Apartments, Holborn St, Sligo, on August 2 or August 3, 2015. Brady had pleaded guilty to the impeding charge and had already served 28 months in custody by the time of her sentencing. Her remaining sentence was suspended on the condition that she resided with her father in Ballyshannon, Co Donegal. However, she moved to a B&B in Dublin without notifying her probation officer, leading to a warning from the court. Sgt Mark McHale informed the court that Brady had been charged with 32 offences since March, mainly for shoplifting in Dublin, and is currently sleeping rough. With 10 months left in her sentence, Justice White ordered her arrest and directed that she be brought before the Central Criminal Court.

2020-11-06 · Sligo

Formula 1 engineer loses appeal over attack and false imprisonment of landlord (81)

A Formula 1 engineer's appeal against a nine-year prison sentence for attacking and falsely imprisoning his elderly landlord has been dismissed by the Court of Appeal. Stefan Schaufler, aged 53, pleaded guilty at Sligo Circuit Court in 2018 to assaulting Michael Lally, aged 81, causing him serious harm, falsely imprisoning him for 29 hours, and robbing him at a house in Sligo. Schaufler lured Mr Lally to a bedroom under false pretence and beat him with a metal bar, causing multiple facial and skull fractures, brain bleeding, and spinal injuries. He also stole Mr Lally's wallet and car before handing himself in to gardaí in Wexford several days later. The Court of Appeal found the nine-year sentence was not excessive given the premeditated nature of the offence, the severity of injuries inflicted on an elderly victim, and the extended period of false imprisonment. The court noted Mr Lally's rescue depended on his family's intervention and gardaí diligence.

2020-10-30 · Sligo

Drunk, uninsured driver to pay €20k fine after leaving cyclists with life-changing injuries

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.