Court archive
Court reports mentioning Cashel, Tipperary
2025-12-18 · Tipperary
A jury at the Central Criminal Court unanimously convicted five men from Tipperary of colluding to inflate tender prices for school bus services in the south west of Ireland. The defendants—Raymond Heney, Andrew Walsh, Noel Browne, Larry Hickey and Anthony Flynn—were alleged to have coordinated bids for routes supplied by Bus Éireann, which handled 10% of school routes while contractors managed the remaining 90%. The prosecution argued that the men's concerted practice, led by Heney, aimed to prevent, restrict or distort competition, thereby affecting taxpayers and the Department of Education's €163 million budget for 2015. Each defendant pleaded not guilty. The court remanded all five on continuing bail pending a sentencing hearing on 23 March 2026. The case was brought by the Competition and Consumer Protection Commission and the Director of Public Prosecutions. The trial focused on the alleged coordination and exchange of information among the operators, rather than any formal agreement.
2025-12-11 · Tipperary
The trial of five bus operators accused of colluding to inflate school transport tender prices is ongoing at the Central Criminal Court. Raymond Heney, Andrew Walsh, Noel Browne, Larry Hickey, and Anthony Flynn have all pleaded not guilty to alleged offences under the Competition Act 2002. The single charge against each accused alleges that between November 1, 2014, and December 31, 2016, they engaged in a concerted practice to prevent, restrict, or distort competition in the provision of school transport services. The prosecution alleges the men coordinated their bids to drive prices higher, affecting public funds. In his closing speech, defence counsel Dermot B Cahill SC argued that Heney acted as a consultant to assist other operators with administrative processes, stating that without him, there would be fewer drivers available to transport children to school. He contended that the accused were not a faceless corporation but local individuals supporting their trade. Conversely, prosecution counsel Dominic McGinn SC argued that the evidence showed a concerted practice to distort the market and load the dice against taxpayers. The jury is instructed to consider the evidence against each accused separately while viewing the overall context. The trial continues before Mr Justice David Keane.
2025-12-10 · Tipperary
Five school bus operators from Tipperary are on trial in the Central Criminal Court for allegedly colluding to distort competition in the provision of school transport services. The prosecution alleges that between 2014 and 2016, the accused engaged in a concerted practice to manipulate tender prices and allocate routes among themselves. Prosecution counsel Dominic McGinn SC stated that the accused discussed bidding strategies and pricing, which led to higher prices for taxpayers. The trial has heard that one of the accused arranged meetings to coordinate efforts, and that there was a degree of coordination among the parties. The prosecution argues that this was not a formal agreement but a form of collusion that distorted the market. The case is not about the importance of school transport for children but about the manipulation of public funds. The trial continues with the jury considering the evidence presented.
2025-11-06 · Tipperary
The trial of five school bus operators accused of anti-competition practices is ongoing at the Central Criminal Court. Andrew Walsh, Raymond Heney, Noel Browne, Larry Hickey, and Anthony Flynn, all from County Tipperary, have pleaded not guilty to a single charge under the Competition Act 2002. The prosecution alleges that between November 1, 2014, and December 31, 2016, the defendants engaged in a concerted practice to prevent, restrict, or distort competition in school transport services across Limerick, Tipperary, Clare, South Galway, and Waterford. Prosecution counsel Dominic McGinn told the jury that the accused allegedly coordinated their bidding behavior, including holding meetings to discuss route allocation and pricing, and submitting non-genuine bids to elevate tender prices. He stated that this alleged collusion removed true competitiveness from the process, which affects the public. The case is being brought by the Competition Authority, with evidence including documents, text messages, and expert testimony expected. The jury must determine if a concerted practice occurred and if each defendant was involved. The trial is presided over by Mr Justice David Keane and is expected to last up to six weeks. The matter continues before the court.
2025-11-04 · Tipperary
Five bus and taxi operators from Limerick, Tipperary, Clare, South Galway and Waterford have gone on trial at the Central Criminal Court. They pleaded not guilty to a single charge under the Competition Act 2002, alleging that between 1 November 2014 and 31 December 2016 they engaged in a concerted practice that prevented, restricted or distorted competition in school transport services. The prosecution is by the Competition Authority. Mr Justice David Keane empanelled a jury of seven men and five women; the trial is expected to last up to six weeks.
2025-05-19 · Cork
In the trial of Richard Satchwell, the defence counsel challenged the Gardaí's claim that the accused was paraded before the press after being charged with murdering his wife. The Garda detective denied that a "perp walk" occurred, stating that Satchwell was handcuffed and escorted to Cashel District Court by five officers, but that this was not a public parade. The defence also questioned whether the Gardaí had over‑compensated for a 2017 investigative failure, to which the detective admitted he could only speak of his involvement from 2021. The trial heard that Satchwell, aged 58, was charged in October 2023 after an invasive search of the home uncovered his wife's decomposed remains. The case continues before Mr Justice Paul McDermott and a jury.
2024-06-24 · Dublin
Declan 'Mr Nobody' Brady, a former senior Kinahan cartel member, was sentenced at the Special Criminal Court to a nine-year prison term for facilitating the murder of Christopher Kirwan. The court found that Brady attached a tracker device to Kirwan's vehicle, aiding the gang in the December 2016 killing of the innocent man, who was shot after being photographed attending a funeral. Mr Justice Tony Hunt described the act as a pre-planned, execution-style murder and noted Brady's status as a trusted operative. Brady pleaded guilty to the single charge of participating in a criminal organisation to facilitate a serious offence. The judge fixed a 13-year headline sentence, reduced by three years for the guilty plea, resulting in a ten-year term with the final year suspended conditional on dissociation from the Kinahan group. This sentence runs concurrent to previous convictions: an 11.5-year term for supervising a firearms arsenal and an eight-year, three-month term for laundering over €400,000, both with suspended portions. The court also referenced Michael Crotty, who admitted buying phone credit for Sean McGovern, an act deemed reckless as to whether it facilitated the Kinahan organisation in the murder. Crotty's case is distinct from Brady's sentencing, which was backdated to April 30 last year.
2024-05-15 · Dublin
Michael Crotty (42) was sentenced to two years' imprisonment at the Central Criminal Court for facilitating a serious offence by a criminal organisation. Crotty, a gym owner from Cashel, Co Tipperary, initially pleaded not guilty to facilitating the murder of Noel Kirwan but entered a guilty plea in February to participating in activity reckless as to whether it would facilitate a serious offence. The court found that Crotty bought €20 in phone credit for Sean McGovern, a leading Kinahan cartel member, which was used to coordinate the 2016 murder of Mr Kirwan. Presiding Judge Caroline Biggs set a headline sentence of six years, reduced to two years due to Crotty's guilty plea, lack of prior convictions, and 21 exceptional character references. The judge noted that while Crotty did not intend the credit to be used for murder, its use in the killing was an aggravating factor. This is the fourth conviction related to the case. Previously, Jason Keating (32) was jailed for 10 years for his significant role in the murder. Declan 'Mr Nobody' Brady (57) and Martin Aylmer (37) also pleaded guilty to facilitating or contributing to the murder of Mr Kirwan, though their specific sentences are not detailed in this report. The matter was finalised with Crotty's sentencing.
2024-04-22 · Dublin
At the Special Criminal Court, Ms Justice Caroline Biggs adjourned the sentence hearing for Michael Crotty to May 13. Crotty, 42, of Co Tipperary, pleaded not guilty to facilitating the murder of Noel Kirwan before entering a guilty plea in February to participating in a criminal organisation's activity. The State alleged Crotty facilitated the killing by purchasing €20 in mobile credit for Sean McGovern, described in evidence as a leading Kinahan cartel figure. Detective Sergeant Sean Cosgrove presented evidence linking a tracking device on Mr Kirwan's car to unregistered numbers used by Crotty and others, suggesting awareness of the unlawful purpose. Victim impact statements were read, including from Donna Kirwan, who expressed hope that the facilitator would "never see the light of day again." Defence counsel Padraig Dwyer SC noted Crotty's early guilty plea and submitted references. Separately, the report notes that Jason Keating, 32, was previously jailed for 10 years for his role in the "execution-style murder" of Mr Kirwan, having admitted to facilitating the offence. The matter regarding Crotty remains adjourned and is not concluded.
2024-02-06 · Kildare
A man named Michael Crotty, aged 41, admitted to facilitating the Kinahan Cartel by buying a mobile top‑up for Sean McGovern, a leading figure in the cartel, during a Special Criminal Court hearing. Crotty had previously pleaded not guilty to a charge related to the 2016 murder of Noel 'Duck Egg' Kirwan, an innocent man mistakenly targeted by the cartel. In the hearing, Crotty pleaded guilty to a new charge of recklessness under Section 72 of the Criminal Justice Act, stating he had no intention for the top‑up to be used in endangering anyone. The court noted that Kirwan was shot dead after the Regency Hotel attack, which had involved the cartel. The judge extended Crotty's bail and adjourned sentencing to April 22. The trial had been scheduled for up to five weeks and included testimony on the cartel's structure and activities.
2024-01-23 · Kildare
Sean McGovern, injured in the 2016 Regency Hotel attack, is named in the Special Criminal Court as a senior leader of the Kinahan organised crime group. The court heard sworn testimony on the Kinahan cartel's command structure and activities, and evidence that 33 people linked to the organisation, who were "going to be involved in violence and murder," have been arrested by Gardaí. Detective Superintendent David Gallagher testified that the Kinahan group is driven by monetary gain, primarily through drug trafficking, and enforces control by violence, firearms and murder. He described the organisation as hierarchical, with a core in Dubai and cells in Europe and South America, noting a dramatic fall in violence since 2018. Gallagher confirmed McGovern's leadership role and that he is currently based in Dubai. The hearing also covered the murder of Noel Kirwan, mistakenly targeted by the Kinahans, and the prosecution of Michael Crotty for facilitating that murder. Michael Crotty pleaded not guilty.
2024-01-22 · Dublin
In a Special Criminal Court hearing, State Pathologist Dr Linda Mulligan presented evidence that Christopher 'Noel' Kirwan, an innocent man with no criminal involvement, was shot six times and died from multiple gunshot wounds to his head, chest, arm and abdomen. The pathologist identified eight separate injuries caused by six bullets, including a bullet that entered Kirwan's chest, damaging the aorta and the lower lobe of the left lung, leading to heart and lung failure. Additional wounds to the chest, abdomen and right arm caused blood loss. A bullet entered Kirwan's head below the right eye, fracturing his upper jaw and lodging beneath the lower jaw. Toxicology tests were negative for drugs or alcohol. Michael Crotty, 40, is on trial for allegedly facilitating Kirwan's murder by topping up a mobile phone for Sean McGovern; Crotty pleaded not guilty to the single charge.
2024-01-17 · Kildare
A 40‑year‑old man with no prior convictions, Michael Crotty, is on trial before the Special Criminal Court for allegedly topping up a prepaid mobile phone that was used in the murder of Christopher 'Noel' Kirwan, who was mistakenly linked to the Regency Hotel shooting. Crotty pleaded not guilty. The prosecution alleges he purchased a top‑up for the third phone at a Spar shop in Naas on 21 December 2016, the day before Kirwan's murder. They claim he knew or was reckless about the phone's potential use in a serious crime. Crotty was arrested in March 2021 and questioned by Gardaí. He is charged under Section 72 of the Criminal Justice Act for participating or contributing to the murder of Kirwan. The court will consider a media application regarding a party named only as AB in evidence. The trial is ongoing.
2024-01-15 · Dublin
Michael Crotty, 41, of Aras na Rí, Cashel, Co. Tipperary, pleaded not guilty to a single charge of facilitating a criminal organisation in the murder of Noel 'Duck Egg' Kirwan, 62, who was shot six times in his car on 22 December 2016 at St Ronan's Drive, Clondalkin, Dublin 22. The charge alleges that between 20 October 2016 and 22 December 2016, Crotty participated in or contributed to the commission of the murder while aware of the existence of a criminal organisation, contrary to Section 72 of the Criminal Justice Act. The trial, scheduled to last up to five weeks, will commence at the Special Criminal Court on Wednesday. Crotty's co‑accused, Declan Brady, 57, a senior Kinahan cartel member, pleaded guilty to the same charge and will also appear on Wednesday for sentencing. Brady was previously sentenced to 11.5 years in prison, with the final year suspended, for firearms offences and money‑laundering.
2024-01-12 · Dublin
In a Special Criminal Court hearing on 12 January 2024, Declan 'Mr Nobody' Brady, aged 56, pleaded guilty to a single charge of aiding the Kinahan cartel in the murder of Noel 'Duck Egg' Kirwan, an innocent man shot six times on 22 December 2016. Brady admitted that between 20 October and 22 December 2016 he participated in or facilitated the commission of the murder while aware of the cartel's existence. He will appear again next Wednesday for a sentencing hearing. Brady's co‑accused, Michael Crotty, 40, was due to trial but the case was adjourned to Monday morning to allow him to consult his lawyers. Brady has previously pleaded guilty in 2019 to supervising a firearms arsenal and in 2021 to laundering over €400,000 in crime cash, receiving 11.5 years with the final year suspended. The court noted that Kirwan's murder was "disturbing" as it appeared to be a targeted killing with no criminal motive.
2023-11-03 · Ireland
The Central Criminal Court has fixed a trial date for the first group of five defendants accused of anti-competition offences in the provision of school bus services. Mr Justice Paul McDermott, acting on an application by the Director of Public Prosecutions, set January 27, 2025, as the start date for this trial, which is estimated to last five weeks. The case will be managed by Mr Justice David Keane. The remaining eight defendants, including three companies, will also be managed by Mr Justice Keane, but no trial date has yet been assigned for this second group. The 13 accused, comprising individuals and entities such as Larry Hickey, Noel Browne, Frances Collison, Andrew Walsh, Margaret Callanan, Edward Callanan, Raymond Heney, Anthony Flynn, Elaine Glasheen, and Malachy Collison, are alleged to have entered into or authorized agreements between January 1, 2014, and December 31, 2016. These alleged agreements purported to prevent, restrict, or distort competition in trade regarding school bus services in the State. The charges are brought under sections 4(1), 6(1), 8(1), and 8(6) of the Competition Act 2002. The prosecution, acting at the behest of the Competition and Consumer Protection Commission, previously sought to split the trial into two batches due to practical difficulties, a request the court acceded to. The matter remains at the pre-trial stage, with the first group's trial scheduled for 2025.
2023-07-07 · Ireland
The Central Criminal Court has heard that the trial of ten individuals and three companies accused of anti-competition offences regarding school bus services may be split into two separate proceedings. Counsel for the Director of Public Prosecutions, Ms Tessa White BL, informed Mr Justice Paul McDermott that trying all 13 accused together posed practical difficulties. She applied to divide the cases into two batches, with the first indictment covering five accused and the second covering the remainder. The DPP alleged that the defendants, including Larry Hickey, Noel Browne, Frances Collison, Andrew Walsh, Margaret Callanan, Edward Callanan, Raymond Heney, Anthony Flynn, Elaine Glasheen, and Malachy Collison, entered into or authorized agreements that prevented, restricted, or distorted competition in the provision of school bus services between January 2014 and December 2016. These alleged offences are contrary to the Competition Act 2002. Defence counsel noted they had only recently received the proposal, with one stating he had no instructions on their attitude. Mr Justice McDermott adjourned the matter to the next list on July 26 to fix dates for the first trial, estimated to last four to five weeks, noting the second trial could be scheduled later. The cases were taken forward by the DPP at the behest of the Competition and Consumer Protection Commission following a 2016 investigation.
2023-04-25 · Dublin
The Central Criminal Court will hear a case involving ten individuals and three companies accused of anti‑competition offences in the provision of school bus services in the State. The prosecution alleges that between 1 January 2014 and 31 December 2016 the accused entered into or authorised agreements that prevented, restricted or distorted competition in the trade of school bus services. The charges are under sections 4, 6, 8 and 8(6) of the Competition Act 2002 and were brought by the Director of Public Prosecutions on behalf of the Competition and Consumer Protection Commission following a 2016 investigation. Ms Tessa White BL presented the case to Mr Justice Paul McDermott, who adjourned the matter to 9 June to review progress and consider pre‑trial applications. The trial is expected to last 12 weeks and will be heard as a single trial with all parties together.
2022-11-08 · Dublin
In a Special Criminal Court hearing, Declan Brady, aged 56, and Michael Crotty, aged 40, face charges of aiding a criminal gang in the murder of Noel 'Duck Egg' Kirwan, a father of four, who was shot six times on December 22, 2016, in Clondalkin, Dublin. The trial is scheduled for January 11, 2024, and is expected to last five weeks. Both men are charged under Section 72 of the Criminal Justice Act for their alleged participation or contribution to the murder, either within or outside the State, with knowledge of a criminal organisation's existence. Brady was remanded in custody by Mr Justice Tony Hunt, while Crotty remains on continuing bail. The case was listed for mention on October 9, 2023. The trial will determine the extent of each defendant's involvement in the fatal shooting of Christopher Kirwan, aged 62.
2022-07-28 · Roscommon
An 85-year-old retired Garda from Strokestown, County Roscommon has withdrawn his High Court appeal against a destruction order for his Jack Russell terrier, Kim. The dog bit a woman on the Strokestown Famine Trail on 6 March 2022 near Mr Rogers' home at Bumlin. The injured party required eight stitches and hospital treatment following the incident. Roscommon District Court issued the destruction order in late April under the Control of Dogs Act 1986, finding the dog dangerous and not properly controlled. Mr Rogers appealed to the Circuit Court, which dismissed his challenge and upheld the lower court's decision in May. When Mr Rogers sought further appeal to the High Court, he subsequently withdrew his application before the Deputy Master. The destruction order therefore remains in effect. The High Court heard the matter briefly before being struck out.
2022-05-31 · Cork
The Workplace Relations Commission (WRC) has issued orders for compensation to poultry plant workers in Co Cork following a dispute over overtime pay breaches. Fifty-seven workers, including applicants Rafal Chojnacki, Gelu Ciulei, Petru Boboc, Petru Draghici, Zoltan Gal, Pawel Marszalkowski, and Kamila Pokropywna, brought claims against AA Euro Recruitment Ireland Ltd under the Protection of Employees (Temporary Agency Work) Act 2012. The complainants alleged they did not receive the same basic working and employment conditions as comparable workers. Eight test cases were adjudicated, with half selected by the employer and half by the Independent Workers' Union. AA Euro Recruitment, represented by HR consultant David O'Reilly, maintained the claims were unfounded and used as leverage for union recognition. Chief Executive Larry Ryan denied any mistreatment or illegal deductions. Adjudicating Officer Patsy Doyle noted that following facilitated talks, the parties reached a mutually agreed resolution acknowledging contraventions of the Act. Orders were made in seven of the test cases, with compensation ranging from €449 to €2,955.74. It was agreed that payments would be issued to the test case claimants upon the making of the WRC orders, with this resolution reciprocated for all associated complainants linked to the eight test cases.
2022-04-14 · Dublin
In a Special Criminal Court hearing on 14 April 2022, Declan Brady (56) and Martin Aylmer (36) were charged with aiding a criminal gang in the murder of Noel 'Duck Egg' Kirwan, a father of four who was shot six times on 22 December 2016 in Clondalkin, Dublin. The charges allege that between 20 October and 22 December 2016, Brady and Aylmer, knowing a criminal organisation existed, participated in or facilitated the gang's activities that led to Kirwan's death. Both men were present when the charges were read. Aylmer had previously been charged by Gardaí, and Brady had been handed a copy of the charge sheet before the hearing. Both were remanded in custody until 23 May, with legal aid applications pending for Brady and granted for Aylmer. The case is being tried under the Offences Against the State Act because the Director of Public Prosecutions deemed normal courts inadequate for effective justice.
2022-04-11 · Dublin
A man, Michael Crotty, 40, was charged before the Special Criminal Court on 11 April 2022 with helping a criminal gang murder Noel 'Duck Egg' Kirwan, a father of four who was shot dead in Dublin on 22 December 2016. Crotty is charged under Section 72 of the Criminal Justice Act for participating in or contributing to the murder of Christopher (Noel) Kirwan between 20 October 2016 and 22 December 2016, with knowledge of a criminal organisation. Detective Sergeant Ronan Dunne informed Crotty of the charge at 7 am, read the charge in full, identified him to the court and served him with the Book of Evidence. State Solicitor Ciara Vivien applied for trial at the Special Criminal Court, and Defence Solicitor Claire Finnegan obtained a six‑week adjournment. Judge Alex Owens remanded Crotty in custody and adjourned the case to 23 May.
2021-11-16 · Cork
In a High Court decision on 16 November 2021, Mr Justice Mark Sanfey refused to approve a Personal Insolvency Arrangement (PIA) for Mr Daniel Drew, a single businessman in his mid‑forties who operates a petrol and convenience store in Turner's Cross, Cork. The judge held that the court had no jurisdiction to consider the PIA, which had been rejected by Mr Drew's creditors in 2019. Mr Drew's debts exceeded €3 million, and the proposed PIA would have lasted six months, allowing him to retain a Rosegreen, Cashel property and pay creditors a €42,000 lump sum. The judge found no evidence that Mr Drew resided at the Rosegreen house at the time of the proposal, contrary to his sworn statement, and dismissed the PIP's application to confirm the arrangement. The decision noted the PIP's attempt to vary the PIA to 72 months and include rent payments, but the court declined to approve the proposal.
2020-04-01 · Tipperary
Interlink Ireland Ltd, trading as DPD, secured temporary High Court injunctions against two agents, Mr Joe Corcoran and Mr Bernard O'Brien, who sought to terminate their agreements amid the Covid‑19 emergency. The agents claimed they could no longer fulfil their duties, but Interlink argued no evidence was provided that the pandemic had materially affected their businesses. The agency agreements require six months' notice for termination, and Interlink has seen a surge in demand for essential deliveries during the pandemic. The court granted interim injunctions preventing the agents from ending the agreements and requiring them to continue operating as agreed. Interlink contended the agents were attempting to exploit the health crisis for commercial advantage, and the judge found the injunctions justified based on the evidence presented. The case will be revisited in a subsequent court session.
2019-04-05 · Tipperary
During a trial at the Central Criminal Court, Chief Superintendent Dominic Hayes testified that a garda involved in the investigation of Bobby Ryan's disappearance had made a note in his notebook stating, "Mary Lowry had his head melted." Hayes could not recall who made the remark. Ryan, a 52‑year‑old part‑time DJ known as Mr Moonlight, vanished on 3 June 2011 after leaving his girlfriend Mary Lowry's house at 6:30 am. His body was discovered 22 months later in April 2013 in a run‑off tank on a farm owned by Lowry and leased by Patrick Quirke, a 50‑year‑old man from Breanshamore, Tipperary. The prosecution alleges Quirke murdered Ryan to rekindle an affair with Lowry, but Quirke has pleaded not guilty.
2019-02-05 · Tipperary
A man accused of murdering a disc jockey known as Mr Moonlight knew of the existence of a tank where the victim's remains were discovered, the Central Criminal Court has heard. Patrick Quirke, aged 50, of Breanshamore in County Tipperary, has pleaded not guilty to the murder of Bobby Ryan, aged 52, between June 2011 and April 2013. Mr Ryan disappeared in June 2011 and his body was found in a run-off tank on a farm at Fawnagowan, Tipperary, in April 2013. Prosecution evidence suggests Mr Quirke killed Mr Ryan to resume a relationship with the deceased's girlfriend. Witness testimony established that Mr Quirke was familiar with the tank's location, built in the late 1970s on the farm. A neighbour recalled seeing an unusual silver van—matching the type driven by Mr Ryan—parked on a nearby laneway the morning he went missing. The trial before Justice Eileen Creedon and jury continues at the Central Criminal Court.
2019-02-04 · Tipperary
At the Central Criminal Court, the son of Bobby Ryan told how he encountered Mary Lowry at her farm on the morning his father vanished in June 2011. Robert Ryan Junior said Ms Lowry appeared visibly shaken and upset, and he sensed immediately that something was wrong. He noted her behaviour seemed designed to hurry him away from the property. Patrick Quirke, aged 50 from Breanshamore, County Tipperary, has pleaded not guilty to the murder of Mr Ryan between June 2011 and April 2013. Mr Ryan's body was discovered in a waste tank on a farm at Fawnagown that Ms Lowry owned and Mr Quirke leased. The deceased's daughter, Michelle Ryan, a DJ herself, described finding her father's Citroen van in Breansha Wood after he failed to appear for work. She noted the vehicle's condition suggested her father had not been the last person to drive it. The trial before Ms Justice Eileen Creedon continues before a jury.
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.
2017-07-04 · Cork
Gwen Bradley, partner of 28‑year‑old Evan Morrissey, has filed a High Court action to quash the inquest verdict into his death. Morrissey died on 22 March 2014 at Cork University Hospital after being discharged from South Tipperary General Hospital three times for severe headaches. The inquest, held by coroner Philip Comyn, returned a narrative verdict that he died from a re‑bleed of a cerebral artery aneurysm. Bradley claims the inquest was conducted unlawfully, that the coroner limited the scope of the inquiry, and that relevant evidence was excluded. She alleges the coroner acted ultra vires, breaching the Constitution and the European Convention on Human Rights, and that the jury did not receive all pertinent evidence. The court granted permission to proceed and set a return date for October.
2017-03-28 · Tipperary
The Court of Appeal has reserved judgement on William Jones' appeal against the High Court's refusal to grant injunctions that would have stopped Coolmore Stud's lawyers from warning book distributors and retailers that his book, "The Dark Horse: Inside Coolmore", contained defamatory material. Jones, who worked at Coolmore from 2006 to 2015 and published the book through his own company, Gold Rush Publications, argues that the High Court's decision infringes his freedom of expression and is biased. Coolmore's lawyers, Arthur Cox, had warned Amazon and other bookshops that the book included allegations of bullying and the deaths of two horses, Mountjeu and Jude, and that distributors had withdrawn the book. Coolmore also cited a 2014 agreement that both parties would not make derogatory remarks about each other and that Jones would not disclose records. The High Court found that Coolmore had made this agreement clear to Jones before publication and that any defamatory content would expose distributors to liability.
2016-03-03 · Tipperary
The Supreme Court will hear an appeal against the High Court's dismissal of a challenge to An Bord Pleanala's decision to grant planning permission for a windfarm on Keeper Hill in the Silvermines Mountains, Co. Tipperary. The appeal was brought by Edel Grace of Grouse Hall Milestone, Thurles, and environmental consultant Peter Sweetman of Bunahowen, Cashel. They argue the case raises issues of public importance and that the planning decision breaches EU Habitats and Environment Impact Assessment Directives, potentially destroying nearly 400 acres of hen‑harrier habitat and the protected view of Keeper Hill. The windfarm proposal includes 16 turbines, access tracks, a transformer station, control buildings and a substation, and has been granted a ten‑year permission to ESB Wind Development and Coillte.
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.
2015-12-04 · Tipperary
The High Court has dismissed an application by Edel Grace, Grouse Hall Milestone, and Peter Sweetman to refer a planning dispute to the Courts of Justice of the European Union. The applicants, who challenged An Bord Pleanála's decision to grant planning permission for a 16-turbine windfarm at Keeper Hill in County Tipperary, also sought leave to appeal to the Court of Appeal. They alleged the permission breached the EU Habitats Directive and the Environment Impact Assessment Directive, claiming the development would destroy hen harrier habitat and detract from protected views. Mr Justice Raymond Fullam had previously rejected these claims in an October judgment, dismissing the action against the Board. In his ruling on the appeal application, Mr Justice Fullam refused leave to appeal, stating that no issue of exceptional public interest requiring clarification by the Court of Appeal was raised. He further ruled that the court lacked jurisdiction to refer questions of law to the EU courts after judgment had been delivered, noting Supreme Court precedent that such referrals must occur before judgment. The applicants had sought to quash the ten-year permission granted to ESB Wind Development and Coillte. The Department of Arts, Heritage and the Gaeltacht and ESB Wind Development Ltd were notice parties. The High Court determined that under the 2000 Planning and Development Act, its decision is final unless exceptional public interest issues are present, which it found were not.
2015-07-28 · Tipperary
In a High Court case, Vivier Mortgages Ltd (formerly Home Funding Corporation) sought to re‑enter a repossession order against Patrick Cummins and his wife Christine Cummins for their Hills Lot Rosegreen property in Cashel, Co. Tipperary. The lender claimed the couple had drawn €1.39 million in 2001, with only €26,000 repaid, and that no payments had been made since 2011. The couple opposed the application, citing prejudice from a delay by the lender between 2008 and 2010 and the founder Ian Leaf's imprisonment and fraud convictions. The court, hearing the matter, was informed that the parties had settled the dispute and no decision was required. No settlement terms were read in open court, and the case was dismissed without a judgment. The settlement ended the lender's attempt to recover the loan and take possession of the property.
2015-07-15 · Tipperary
A subprime lender, Vivier Mortgages Ltd (formerly Home Funding Corporation), has applied to the High Court for possession of a family home in Cashel, Co. Tipperary, on the basis of a €1.39 million debt it claims is due on an IR£70,000 loan taken out in 2001. The lender seeks to re‑enter a repossession order obtained in 2007 against Patrick Cummins and his wife Christine Cummins. The loan was secured by the property and carried a 2 % monthly interest rate. Vivier alleges only eight of 158 scheduled repayments were made, totalling about €26,000, and that no payments have been made since 2011. The couple, who have medical conditions and are not working, oppose the application, citing prejudice from a lender delay between 2008 and 2010 and the former company founder's imprisonment. The judge has reserved a decision and suggested the parties attempt a settlement before a ruling is made.
2015-02-06 · Tipperary
Martin Reilly, 27, of Father Matthew Court, Tipperary Town, was convicted of burglary at a private home on Cashel Road, Clonmel, on 27 June 2011. He was found guilty by a jury at Clonmel Circuit Criminal Court and originally sentenced to eight years' imprisonment, with the final two years suspended. In the Court of Appeal, Reilly's conviction was upheld but his sentence was reduced by two years. The Court, led by Mr Justice George Birmingham, noted that the victim was a restaurateur who discovered his house "upended" and his life savings of €35,000 had been taken. Gardaí recovered the money after Reilly fled, dropping the bag into nettles. The Court considered Reilly's prior convictions and, after reviewing the case, imposed a new sentence of six years' imprisonment, with the final two years suspended. The appeal was heard by Mr Justice Birmingham, Mr Justice Seán Ryan and Mr Justice Garrett Sheehan. Martin Reilly pleaded not guilty.
2014-12-11 · Tipperary
The Central Bank obtained High Court orders that bar Smart Resolutions Mediation Ltd, based in Cashel, and its directors Geraldine and Thomas Quigley, as well as Clonmel C&R Management Consultants Ltd, based in Clerihan, Clonmel, and its directors Thomas and Cathal Quigley, from providing or offering debt‑management services. The orders also prevent any company controlled by the defendants from receiving remuneration for such services. The bank, represented by Maurice Collins SC, said the orders were sought after new information indicated the defendants were offering debt‑management services without authorization. The High Court President, Mr Justice Nicholas Kearns, granted the orders ex‑parte and set a return date later in the month. The bank also requested that the respondents preserve all books and records related to the services they provide and cooperate fully with the Central Bank.