Court archive
Court reports mentioning Newport, Tipperary
2024-01-30 · Tipperary
Graham Daly, aged 40, was sentenced to eight and a half years in prison for repeatedly raping and sexually abusing his younger brother between January 1998 and December 2002. The offences were tried in the Central Criminal Court in December 2021, where a jury found him guilty on seven counts. Daly pleaded not guilty and has maintained his innocence, arguing that the sentence was too severe. He appealed to the Court of Appeal, claiming the judge erred in assessing the severity and in balancing aggravating and mitigating factors, and that the sentence was disproportionate. The Court of Appeal dismissed the appeal, stating that the gravity of the repeated, escalating offences justified a headline sentence range of 10 to 15 years, and that the judge's decision to place the sentence within that range was correct. The court found no error in the judge's approach and upheld the eight‑and‑a‑half‑year term.
2023-11-03 · Tipperary
The Court of Appeal has dismissed an appeal by Graham Daly, a teacher from Clonree, Newport, Co Tipperary, who was found guilty by a jury of seven counts of raping and sexually abusing his younger brother between January 1998 and December 2002. Daly, who was jailed for eight and a half years in January 2022, argued that the trial judge erred in restricting his cross-examination of the complainant regarding sexual history and in admitting evidence from a cousin, Mr C. The complainant, Thomas Daly, waived anonymity to allow his brother to be named. In its decision, the Court of Appeal, led by Mr Justice John Edwards, affirmed that while accused persons have fair trial rights, complainants also possess rights to privacy regarding their sexuality. The court ruled that cross-examination cannot be used to "pry unnecessarily" into a complainant's personal life. Regarding the second ground of appeal, the court found no unfairness in admitting Mr C's statements, which included allegations that Daly asked how much it would cost to hurt the complainant or his father. The judges determined these were admissible declarations against interest and directly relevant. The appeal was dismissed, upholding the original conviction and sentence.
2022-01-24 · Tipperary
In a Central Criminal Court trial, Graham Daly, aged 37, was convicted by a jury of seven counts of raping and sexually abusing his younger brother Thomas over a four‑year period from 1998 to 2002. The abuse, which began when Thomas was 10, included inappropriate touching, oral and anal rape, and largely took place in their family home in Limerick. Daly, a teacher from Clonree, Newport, Co. Tipperary, denied the charges and claimed his brother was lying out of jealousy and a desire to destroy his life, citing his brother's sexuality. Thomas, who waived anonymity, testified about the long‑term impact on his life and family, describing the abuse as a secret kept for 18 years. Justice Karen O'Connor sentenced Daly to eight and a half years, treating him as a juvenile because the offences ended when he turned 18, and back‑dated the term to his recent custody.
2021-07-14 · Tipperary
Charity Bothar seeks to add the estate of its late founder Peter Ireton as a co‑defendant in High Court proceedings against former CEO David Moloney. Bothar alleges Moloney misappropriated charity funds for personal use, admitting he spent the money on family holidays and friends, never depositing it in a bank. He also claims some misappropriated money was paid to others, including the deceased Ireton. Bothar has secured a freezing order preventing Moloney from reducing his assets below €1.1 million. The court has scheduled a hearing on the motion to add Ireton's estate for October, after the summer recess, and has deferred a decision on whether Moloney's wife Olive should be named a notice party. Moloney, who resigned as CEO in February, has expressed remorse for the damage caused. Bothar's board has suspended fundraising activities following the discovery of the misappropriations.
2021-06-02 · Tipperary
In High Court civil proceedings brought by Bóthar against former CEO David Moloney, the matter was adjourned to a date next month. Bóthar claims Moloney misappropriated hundreds of thousands of euro donated to the charity over a 21-year period for his own use. Moloney has admitted to this misappropriation, stating in a sworn statement that he spent the cash on family holidays and friends, and claims much of it was paid to others, including the late Bóthar founder Peter Ireton. Bóthar does not accept these explanations. At the hearing before Mr Justice Senan Allen, Moloney's previous lawyers came off record. Moloney stated he had approached the Legal Aid centre in Limerick and requested an adjournment to determine if his application for legal aid is successful. Bóthar's counsel, Frank Beatty SC, also sought an adjournment, noting that investigations into the complex matters regarding the missing monies are continuing and that other parties may be added later. The court also heard that Moloney's wife, Olive, against whom no allegations of wrongdoing have been made, is considering her own proceedings regarding her interest in his assets. Mr Justice Allen deferred any decision to formally join Mrs Moloney to the proceedings. The judge agreed to adjourn the case, noting it could return before the scheduled date if necessary.
2021-05-14 · Tipperary
In a High Court hearing, former Bóthar CEO David Moloney admitted to taking cash donated to the charity over 21 years to fund his lifestyle, including family holidays and gifts to friends. He claimed he never deposited the money in a bank and did not keep any cash. Moloney said he had paid some of the misappropriated funds to others, including the late founder Peter Ireton, and that his wife Olive did not benefit from the money. He expressed remorse and said he was now on welfare. The court varied the freezing order from €769,000 to €1.1m, allowing Moloney to release €13,000 from a credit union account for legal fees and to make payments from his accounts for essential living expenses. Olive Moloney's applications to vary orders were dismissed. The case remains before the court next month.
2021-04-27 · Tipperary
David Moloney, former CEO of the charity Bothar, admitted in the High Court to misappropriating large sums of donated money for personal use. He confessed to taking about €200,000 that was intended for a Roman Catholic order in Tanzania, €34,000 meant for a Kenyan project, €127,000 paid to an English company for unexecuted Rwanda projects, €100,000 fraudulently transferred to a pension fund he set up, and €10,000 used for a hay shed on his own property. Moloney also admitted receiving extra salary, expense payments, and a €19,000 Christmas bonus that were not authorised by the board. Bothar's counsel highlighted that these admissions were welcomed but that Moloney had not yet provided details on where the money went or his assets. The court increased the freezing order value to €769,000 and directed Moloney to submit a statement of assets by May 4th.
2019-03-29 · Tipperary
In March 2019 the Central Criminal Court heard that Mary Lowry, aged 52, visited a psychic in Nenagh after her boyfriend Bobby "Mr Moonlight" Ryan disappeared on 3 June 2011. Ryan's body was found in an underground run‑off tank on Lowry's farm in Fawnagown, Tipperary, 22 months later in April 2013. Patrick Quirke, 50, is charged with Ryan's murder and has pleaded not guilty. Quirke allegedly called Lowry a "right bitch" and threatened to remove her from a Mass for his son. Evidence from Acting State Pathologist Dr Michael Curtis suggested the most likely cause of Ryan's injuries was impact with a vehicle, but the pathology evidence was described as "sub‑optimal". The trial continues before Justice Eileen Creedon and a jury of twelve.
2019-03-28 · Tipperary
During the Central Criminal Court trial, a hard drive seized from Patrick Quirke's home yielded a recording of Mary Lowry speaking with Flor Cantillon, the man who began seeing her after Bobby Ryan vanished. The audio, played by Detective Sergeant John Keane, shows Lowry laughing while reading a newspaper article about cross‑dressing, and Cantillon asking her about a verdict. Lowry confirmed the tape was of her and Cantillon, denied making or authorising the recording, and stated she was unaware of being recorded. She also testified that she had allowed her three children to be interviewed by Gardaí in 2013 after Bobby Ryan's body was found, and that she had not been permitted to attend the interview. The court heard that Quirke had expressed disapproval of Lowry's relationship with Ryan and had reported her to Tusla for allegedly leaving her children alone. The trial continues with further testimony from Lowry's brother, Eddie Quigley. Patrick Quirke pleaded not guilty.
2016-11-16 · Tipperary
In the Commercial Court, Mr Justice Brian McGovern has fast‑tracked two environmental challenges to windfarm projects in the south of Ireland. The first case concerns Peter Sweetman's objection to Tipperary County Council's extension of planning permission for a 16‑turbine windfarm at Castlewaller, Newport. Sweetman questions the viability of the €46 million project, which was originally approved in 2012 and extended in July. The council's developer, Castlewaller Woodland and Partnership (CWP), argues the extension is necessary for the project to qualify for the REFIT II state financial support scheme and for the creation of 30–40 construction jobs and 7 full‑time positions. The case is scheduled to return to court in May. The second fast‑tracked case involves the North Kerry Wind Turbine Awareness Group challenging An Bord Pleanala's permission for 10 turbines near Lixnaw, Kerry. The challenge cites non‑compliance with the Environmental Impact Assessment Directive and the EU Habitats Directive.