Court archive
Court reports mentioning Carrick-on-Suir, Tipperary
2024-05-09 · Waterford
Gavin Ryan, convicted of shooting Clifford Power twice in the chest in Gracedieu, Waterford, in December 2019, has appealed his conviction at the Court of Appeal. Ryan, who pleaded not guilty to possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition, and possession of amphetamines with intent to sell or supply, was found guilty on all four counts by a jury. On November 25, 2021, Judge Eugene O'Kelly sentenced him to 13.5 years in prison, with the final two years suspended. Ryan's legal team argues that a garda entered his residence without a warrant, breaching his constitutional rights, and that evidence obtained from this entry was inadmissible. They contend the garda had no bona fide belief that anyone was at risk. The State's counsel countered that the entry was lawful and proportionate, as gardaí were conducting door-to-door inquiries for a fleeing armed shooter and found the apartment open. The search later conducted under a warrant revealed a bullet matching the scene, documents, and amphetamines. Justice Patrick McCarthy reserved his judgment, meaning the matter was adjourned and not concluded.
2023-11-27 · Dublin
Dermott Brett, 56, was found guilty of raping a 20‑year‑old university student in a Dublin hotel on 11 January 2019. The victim, described as vulnerable and intoxicated, was taken from a pub to Brett's hotel room where she was raped and offered cocaine. CCTV footage showed Brett's arrival, the victim's drunken state, and the taxi incidents. Brett pleaded not guilty but was convicted in May 2023 and maintains his innocence. He has one prior traffic conviction. Ms Justice Eileen Creedon sentenced him to nine years' imprisonment, suspending the final year on strict conditions, including probation and a sex‑offender treatment programme. He was placed on the sex‑offender register. The victim suffered PTSD and academic disruption, and her impact statement highlighted profound loss of independence and trust.
2022-11-23 · Tipperary
An Irish man, John O'Connor, 40, from Carrick-on-Suir, Co Tipperary, was jailed in Sweden for a €4.7 million income‑tax fraud. He and three brothers—Edward (27), Mark (30) and James (28)—were convicted of tax and VAT fraud, money laundering and three counts of gross accounting offences in Stockholm in March last year. Each brother received a sentence of three years and eight months, upheld by the Swedish Court of Appeal in July 2021. O'Connor absconded to Ireland in July 2022 while on temporary release, having served 647 days of his sentence. He was arrested under a Schengen Information Service notice on 3 September 2022. The High Court heard that he had failed to pay over €64 000 in VAT invoices and that the fraud involved disguising substantial money in company accounts and sending incorrect invoices to customers.
2022-03-16 · Tipperary
The High Court has adjourned a judicial review challenge to Tipperary County Council's decision to grant planning permission for the Carrick-On-Suir Regeneration Plan. The matter was heard by Mr Justice Charles Meenan, who noted the application's complexity and indicated it would require at least half a day for consideration. The case was brought by the Sean Treacy Park Resident's Association, represented by John Kenny BL, against the Council, Ireland, and the Attorney General. The applicants allege that the proposed development, which includes street alterations, new parking, and demolition, will cause unreasonable interference with amenities at Sean Treacy Park, the local environment, and the River Suir. They further claim the plan materially affects protected structures, including Ormonde Castle. The group contends the Council's decision is invalid because the Environmental Impact Assessment relied on inadequate information and that the process breached the EU Strategic Environmental Assessment directive by extending the 2013 Development Plan without a new assessment. Additional grounds include a lack of adequate notice regarding the permission-granting meeting and failure to provide statutory notice for works on protected structures. The applicants seek to quash the permission, obtain declarations regarding the Planning and Development Act's compliance with EU directives, and secure a stay on the proposed works. Mr Justice Meenan adjourned the proceedings to a date in December.
2019-03-04 · Tipperary
Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.
2019-02-19 · Waterford
In a Central Criminal Court hearing, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons in Lismore, Waterford, between 23 and 26 February 2017. During the trial, Sandra Walsh, a relative of Outram's nephew, testified that Outram had called her on Facebook Messenger on 26 February, claiming he had hit Lyons because Lyons would not give him money. She confirmed that Outram identified the deceased as Lyons and that he had spoken of travelling to the UK. Walsh also recounted that Outram was arrested the following day when she was driving him back to Ferryland. Sergeant Ger Falvey described the scene at Lyons' house, noting the victim's lack of trousers, a trail of urine, soot, and possible blood marks. The case proceeds before Mr Justice Paul Coffey with a jury of eight men and four women.
2018-02-23 · Tipperary
Anthony Buck, 41, of Garrymore, Clonmel, is serving a mandatory life sentence for the 1996 murder of David Nugent in Tipperary. He pleaded not guilty at the Central Criminal Court and was convicted after a lengthy trial, with the sentence imposed by Mr Justice John Quirke on 2 February 1998. Buck's appeal to have his conviction declared a miscarriage of justice was dismissed by the Court of Appeal. The Director of Public Prosecutions successfully argued that the application was an abuse of process, and the court found no new or newly discovered facts to support the claim. Mr Justice John Hedigan noted Buck's skillful preparation and courteous conduct, but concluded that his arguments were based solely on existing trial records and therefore bound to fail. The application was dismissed before a full hearing.
2017-01-23 · Dublin
In a case heard at the Clonmel Circuit Criminal Court, Romanian national Duku Popovici, aged 43, was found guilty of aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co. Tipperary, on 26 September 2013. The jury convicted him of aggravated burglary, and Judge Tom Teehan sentenced him to 12 years' imprisonment, suspending the final two years. The Court of Appeal, hearing the appeal on 23 January 2017, reduced the headline sentence to nine years' imprisonment, again suspending the final two years. The appeal was based on the judge's error in setting the headline sentence and in imposing a sentence twice that of the co‑accused. The Court of Appeal upheld the conviction and the revised sentence, dismissing the appeal for conviction. The case involved a violent confrontation in the Quigley home, with Popovici allegedly threatening the occupants with a spanner and a second intruder striking the victim. Duku Popovici pleaded not guilty.
2016-12-20 · Dublin
The Court of Appeal has dismissed the appeal against conviction lodged by Duku Popovici, a 43-year-old Romanian national from Cabra Park, Dublin 7. Popovici had pleaded not guilty to aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co Tipperary, on September 26, 2013. He was previously found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to 12 years imprisonment, with the final two years suspended, by Judge Tom Teehan on July 23, 2015. During the appeal, Popovici's legal team argued that the trial judge failed to properly direct the jury on the lesser charge of attempted burglary, asserting that the defence case was that Popovici was never inside the house. However, Mr Justice Garrett Sheehan, sitting with Mr Justice George Birmingham and Mr Justice Alan Mahon, rejected this argument. The court noted that the trial judge's charge was succinct and that it would have been perverse not to convict of attempted burglary if the jury were not satisfied of aggravated burglary. The appeal was dismissed on all grounds, upholding the original conviction and sentence.
2016-02-05 · Tipperary
A jury awarded €132,000 in damages to Catherine Houlihan, a 41‑year‑old wheelchair‑bound woman from Carrick on Suir, after finding that two Gardaí trespassed into her home on 2 August 2011 and falsely imprisoned her while questioning her about a missing iPhone. The Gardaí entered her house without a search warrant, searched her handbag and wheelchair without permission, and threatened to take her to Clonmel Garda Station if she did not admit to taking the phone. Houlihan denied taking the phone, which she claimed was stolen from a fast‑food restaurant earlier that day. The High Court judge, Mr Justice Colm MacEochaidh, heard the case over three days and, after deliberation, the jury concluded that her privacy had been breached, that she had been falsely imprisoned and that the Gardaí had trespassed without lawful authority. The jury awarded her €132,000 in damages, a decision that was stayed pending appeal.
2015-12-11 · Tipperary
Anthony Buck, aged 41, was convicted of murdering David Nugent in Tipperary on 8 July 1996 and received a mandatory life sentence on 2 February 1998. He appealed to the Court of Appeal seeking to have his conviction quashed on the basis that new facts had emerged following the Supreme Court's Gormley and White decision, which concerned access to a solicitor during Garda interviews. Buck's counsel argued that the decision should allow a miscarriage of justice claim under the Criminal Procedure Act 1992. The Court of Appeal, comprising Justices Birmingham, Sheehan and Mahon, dismissed the application. Justice Birmingham noted that Buck's case differed materially from Gormley and White, that no newly discovered fact existed, and that the appeal lacked substance. The Director of Public Prosecutions' motion to dismiss was also upheld. The conviction remains in force. Anthony Buck pleaded not guilty.
2015-07-06 · Tipperary
Vasile Stratan, a 35‑year‑old Moldovan who had been in Ireland for only four days, pleaded guilty to burglary at a Carrick‑on‑Suir home on 26 September 2013. He was sentenced to six years' imprisonment by Judge Thomas Teehan on 13 March 2014. Stratan claimed he travelled to the scene on the "promise of working in a circus" and that he was merely "casing houses", not the organiser of the offence. His barrister, Pauline Walley, argued that the sentencing judge had not considered his guilty plea, lack of prior convictions, health problems and his status as a non‑national with no English. On appeal, Justice Seán Ryan agreed that the judge had erred in not giving weight to these factors and, with some reluctance, ordered that the final 18 months of the sentence be suspended, leaving Stratan with a reduced custodial term. The appeal did not alter the assessment of the crime itself.
2015-06-26 · Tipperary
Alan Freeman, aged 34, was convicted of theft for his role in a January 2009 robbery at Carrick on Suir, Tipperary, where more than 40 firearms were taken. He pleaded guilty at Naas Circuit Criminal Court and was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. The Court of Appeal noted the robbery's significance to the Gardaí and that Freeman had been assisted by experienced counsel. On appeal, Judge George Birmingham reviewed Freeman's earlier suspended sentence of eight years for a bank robbery, of which six years had been reactivated, making a global sentence of 13 years. Applying the principle of totality and proportionality, Birmingham suspended two years of the seven‑year sentence, leaving Freeman with an overall sentence of 11 years. He agreed to a €100 bond to maintain peace and good behaviour during the suspended period.
2015-04-20 · Tipperary
Alan Freeman, aged 34, pleaded guilty to theft in a 2009 robbery of over 40 firearms at Carrick on Suir, Tipperary. He was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. In a Court of Appeal hearing on 20 April 2015, Freeman's counsel, Dominic McGinn SC, applied to appeal the conviction on the single ground that the prosecution bore the burden of proving Freeman was not induced into pleading guilty. McGinn argued that Freeman had extensive contact with a senior investigating Garda, a detective superintendent, up to the evening before the plea, including phone calls and face‑to‑face meetings, and that this contact was not disclosed to Freeman's legal team. He claimed Freeman effectively told his counsel he would plead guilty regardless of advice. The Director of Public Prosecutions' counsel, Patrick McCarthy SC, countered that Freeman's plea was freely made and that no illegal conduct had occurred.