Court archive

Court reports mentioning Tipperary

2018-06-12 · Tipperary

Unsigned tax form "didn't amount to a hill of beans", Lowry trial hears

During the Dublin Circuit Criminal Court hearing, barristers for Michael Lowry's company argued that a corporation tax (CT1) form submitted on behalf of Garuda Ltd was unsigned and therefore not actionable. The court reviewed several tax returns: an income tax return for 2002 showing Lowry's total income of €151,050, a CT1 for 2002 indicating a loss of almost €100,000 and a refund of €3,500, and a CT1 for 2006 showing an income of €915,000 with a tax liability of €114,000. Revenue had issued letters in 2013 claiming that £248,624 received by Garuda in 2002 constituted taxable income, amounting to €516,000 in tax, penalties and fines for Lowry and €510,000 for the company. Lowry, aged 64, pleaded not guilty to four charges of filing incorrect tax returns between 2002 and 2007 and one charge of failing to keep proper accounts for the same period.

2018-06-11 · Tipperary

Lowry was "cooking the books", prosecution tell trial

The trial of Independent TD Michael Lowry is ongoing at Dublin Circuit Criminal Court before Judge Martin Nolan. Mr Lowry, 61, of Glenreigh, Holycross, Co. Tipperary, pleaded not guilty to four charges of filing incorrect tax returns between August 2002 and August 2007 regarding a sum of Stg £248,624 received by his company, Garuda Ltd. He also pleaded not guilty to one charge of failing to keep proper accounts during the same period. Additionally, he pleaded not guilty on behalf of Garuda Ltd to three similar tax charges and one charge of failing to keep proper accounts. The State prosecutor, Remy Farrell SC, alleged that Mr Lowry and his company were "cooking the books" by keeping the sum off the books in 2002 and later attempting to account for it in 2006 to benefit from a more favourable tax rate. Counsel stated the State's case is that the money, which would have amounted to 88% of the company's certified gross profits for the year, was directed to a third party in the Isle of Man for Mr Lowry's own use. Evidence was heard from former Norpe Oy CEO Fred Ramberg, who testified via video-link regarding agency agreements and commission payments. The trial continues.

2018-06-11 · Tipperary

Lowry goes on trial over alleged tax offences

In a Dublin Circuit Criminal Court hearing, Independent TD Michael Lowry, aged 61, pleaded not guilty to five charges of filing incorrect tax returns for the period August 2002 to August 2007, relating to a sum of £248,624 received by Garuda Ltd while he served as director, manager, secretary or other officer. He also pleaded not guilty on behalf of Garuda Ltd to four similar charges for the same dates. Judge Cormac Quinn instructed the jury to remain impartial, noting Lowry's role as a TD for County Tipperary and the nature of the case as a "tax type offence." He advised jurors to focus on the evidence presented on the screen. Eight men and four women were sworn in, and the trial is expected to resume shortly before Judge Martin Nolan, with the case scheduled for a two‑week period.

2018-06-06 · Tipperary

David Drumm: "The man who called the shots"

David Drumm, former CEO of Anglo Irish Bank, authorised €7.2 billion of back‑to‑back transactions with Irish Life & Permanent in September 2008 that inflated the bank's customer deposits from €44 billion to €51 billion. The scheme, described by the prosecution as a "massive con", involved circular routes through the assurance arm of ILP and was presented as legitimate funding. Drumm pleaded not guilty but admitted the transactions occurred, disputing they were fraudulent. He did not call witnesses. The trial, one of the longest in Irish criminal history, concluded with a unanimous guilty verdict. The prosecution alleged Drumm conspired with former Anglo executives, including Denis Casey, Willie McAteer and John Bowe, to falsify the balance sheet and mislead investors. The case highlighted the bank's desperate liquidity situation amid global financial turmoil and the role of the Financial Regulator in overseeing the transactions. The court found Drumm's actions constituted fraud and conspiracy to defraud.

2018-05-15 · Kilkenny

"This is a 100 per cent insult": convicted killer after court upholds 13-year sentence for life-threatening sex attack

Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."

2018-05-11 · Tipperary

"Die you bastard, die": youth left man with "fate worse then death" after savage attack

In 2014, 21‑year‑old Graham Meagher of Kilcaroon, Clogheen, pleaded guilty to assault causing serious harm to 66‑year‑old PJ Kelly at Meagher's home. Meagher struck Kelly with a poker stand, shouting "die you bastard, die," resulting in severe brain damage that left Kelly unable to communicate and now in residential care. Meagher was sentenced to eight years' imprisonment, with the final two years suspended, by Judge Thomas Teehan in 2016. On 11 May 2018, the Court of Appeal dismissed Meagher's appeal, confirming the sentence as appropriate for a serious assault. The appeal court noted the assault was out of character for Meagher, who had no prior violent convictions, and that the victim's injuries were devastating and life‑altering. The decision upheld the original eight‑year term with two years suspended.

2018-05-01 · Tipperary

Man (50) who sexually assaulted friend is jailed for three years

A 50‑year‑old man from Tipperary was sentenced to three years in prison for sexually assaulting a female friend in her home on 7 September 2015. The judge, Mr Justice Tony Hunt, rejected a plea for a non‑custodial sentence, stating that such a decision would send the wrong message to victims and potential offenders. The court found the man had breached the trust and confidence of the victim, who had invited him into her house and told him to sleep on the couch. He had attempted to have sex with her in bed, but did not penetrate her. The victim's impact statement described loss of confidence, isolation, depression, withdrawal from work and loss of friendships. The judge imposed a four‑year sentence with the final year suspended, and ordered the man to have no contact with the victim for five years. The unnamed 50-year-old pleaded guilty.

2018-04-26 · Cork

Serial burglar loses appeal against 9-year prison term

Don Duggan, aged 30, had 28 prior burglary convictions and pleaded guilty to burglary in Tipperary and a threat to kill on 23 December 2015. He received a ten‑year sentence with four years suspended, imposed by Judge Thomas Teehan at Clonmel Circuit Criminal Court on 11 May 2016. He also pleaded guilty to several burglaries between 18 and 24 August 2015 and was given a six‑year sentence with three years suspended, imposed by the same judge at Nenagh Circuit Criminal Court on 17 June 2016. The sentences were consecutive. Duggan appealed both sentences, but the Court of Appeal dismissed the appeal, holding the sentences were appropriate. The Court noted the victim's fear for her 10‑year‑old son, the threat of shooting, and Duggan's history of 115 convictions, including 28 for burglary, 13 for theft, and four for robbery with violence. The Court found no error of principle and affirmed the consecutive sentences.

2018-04-26 · Limerick

New sentencing guidelines for burglary as jail term is increased over fatal case

The Court of Appeal has increased the prison sentences of cousins Michael Casey and David Casey, who pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015, where Mr. O'Donoghue collapsed and died. The original sentence of four-and-a-half years imprisonment, with the final year suspended, imposed by Judge Tom O'Donnell at Limerick Circuit Criminal Court in December 2016, was found to be unduly lenient following a review by the Director of Public Prosecutions. The Court of Appeal, led by Mr Justice George Birmingham, re-sentenced both men to seven years imprisonment, with the final eight months suspended. This decision was based on aggravating factors, including the pre-planned nature of the burglary spree, the ransacking of a dwelling, and the serious harm caused to the victim. The court also established new sentencing guidelines for burglary, categorizing offenses into mid-range and highest categories based on factors such as planning, violence, and previous convictions. The Caseys received concurrent terms for other related offenses, and the court emphasized the need for general deterrence in cases involving residential burglaries in rural areas.

2018-03-23 · Dublin

Anglo auditors gave "clean opinion" on accounts, witness tells Drumm trial

In the Dublin Circuit Criminal Court, Mr David Drumm, 51, pleaded not guilty to conspiracy and false accounting charges related to Anglo Irish Bank's 2008 deposits. He claimed that external auditors Ernst & Young issued a clean opinion on the bank's year‑end accounts, though he suggested a qualified opinion could have been issued. Drumm admitted that multi‑million euro transactions occurred between Anglo and Irish Life & Permanent (ILP) in 2008 but denied they were fraudulent or dishonest. Witness Kevin Kelly, an accountant, testified that Ernst & Young auditors entered Anglo's headquarters in November 2008 and that the audit team had been briefed beforehand. Kelly also noted that the transaction with ILP was described as "technically sound" and that he was only informed of its details in 2009. The trial, now on day 43, is proceeding before Judge Karen O'Connor and a jury of ten men and four women.

2018-03-23 · Tipperary

Uncle (64) "terrorised" niece with rape and sexual assault

An unnamed 64-year-old man from Tipperary was sentenced at the Central Criminal Court following an appeal. He pleaded guilty to one count of rape, one count of attempted rape, and three counts of sexual assault committed against his niece, who was aged between five and ten, between December 1999 and May 2005. Mr Justice Tony Hunt imposed a headline sentence of 12 years, which was reduced to eight-and-a-half years due to the defendant's early guilty plea and admissions. The final year of the sentence is suspended on the condition that the man remains under Probation Service supervision for two years post-release, resulting in an effective custody period of seven-and-a-half years. The judge noted the defendant's limited cognitive ability and lack of previous convictions. The court heard allegations that the man terrorised the victim, who is now 23, and that the abuse caused severe long-term psychological harm, including depression and suicide attempts. The judge stated he would have imposed a longer sentence but was constrained by Court of Appeal guidelines. The matter was finalised with this sentencing.

2018-03-23 · Dublin

Tiger kidnapper has sentence increased to 15 years

Mark McCarthy, aged 32, had his nine‑year prison sentence for the tiger kidnapping of the Nawn family increased to 15 years after the Director of Public Prosecutions appealed. The kidnapping, which took place on 1–2 August 2011, involved the abduction of Warren and Jean Marie Nawn and their 10‑week‑old baby in County Louth and County Dublin. McCarthy was found guilty of false imprisonment and the theft of €661,125 from the Post Office in Drogheda, an amount that has never been recovered. The Court of Appeal described the original sentence as "unduly lenient" and, after considering mitigating factors such as alleged duress and a drug debt, imposed a 15‑year term. The decision was made by a three‑judge panel headed by Mr Justice George Birmingham. The case remains a rare example of a tiger kidnapping in Ireland.

2018-03-22 · Tipperary

Teen sexually assaulted half-brother (8)

In a Tipperary case, a 14‑year‑old teenager with a mild intellectual disability pleaded guilty in the Central Criminal Court to sexually assaulting his eight‑year‑old half‑brother on 4 December 2015. The accused, who now resides in a state‑run residential boys' home and is due to sit his Junior Cert, had previously lived with several foster families. The mother of the boys reported the incident to Gardaí after noticing suspicious behaviour in the shared bedroom; she described the younger son bent over a bed with the older son standing behind him. A victim impact statement from the now ten‑year‑old victim expressed anger and sleeplessness. The court noted the accused had completed about two‑thirds of an 18‑month treatment programme for aberrant sexual behaviour. Judge Patrick McCarthy ordered a further report upon completion of the treatment course in May and adjourned sentencing to 25 June.

2018-03-13 · Tipperary

Former Anglo exec unaware that €7.2bn was "straight exchange of cash with no underlying security"

During the trial of David Drumm for conspiracy to defraud, former Anglo Irish Bank finance head Colin Golden testified that he was unaware that the €7.2 billion transactions with Irish Life and Permanent were a straight cash exchange without underlying security until after they occurred. Golden said he first learned of the scale and nature of the deals in early October 2008, after being told they were collateralised. He recounted that Ciaran Cunningham informed him of the €7.2 billion deal on 30 September 2008 and that he later forwarded details to Mary Burke at the Financial Regulator. Golden also noted that Ernst & Young auditors had been briefed on the transactions and that Vincent Bergin described them as "technically sound." He expressed surprise at the regulator's hostile reaction and explained that he did not grasp the significance of who placed the money first until months later.

2018-03-06 · Louth

DPP seeks to increase tiger kidnapper's 9-year sentence

The Court of Appeal has adjourned the matter following an appeal by the Director of Public Prosecutions seeking to increase the sentence of Mark McCarthy. McCarthy, a 32-year-old from Ballyfermot, pleaded guilty to the false imprisonment of Warren and Jean Marie Nawn and their ten-week-old baby in County Louth between August 1st and 2nd, 2011. He was originally sentenced to nine years' imprisonment by Judge Patricia Ryan on May 19, 2017. The DPP argued the sentence was unduly lenient, contending that the starting point should have been significantly higher than the 15 years fixed by the trial judge before mitigation. Prosecutors highlighted the severity of the ordeal, including threats to the infant and the use of surveillance equipment, comparing it to the aggravated burglary case of DPP v Dean Byrne. Defence counsel Derek Cooney BL countered that McCarthy acted under duress due to a drug debt and credible threats to his life, factors absent in the comparative case. The bench, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, heard submissions on whether a headline sentence of 25 years to life would have been appropriate. The court reserved its judgement, meaning the appeal is not yet concluded and the original sentence remains in effect pending the final decision.

2018-02-26 · Tipperary

Trademark dispute between Tipperary Crystal and giftware seller is resolved

In February 2018, a trademark dispute between Allied Imports Ltd, the owner of the Tipperary Crystal brand, and Kavanagh Giftware Ltd was resolved. Allied Imports had sued Kavanagh Giftware for alleged passing off of Tipperary Crystal marks on packaging of mugs and cups sold by the giftware company. The case, admitted to the fast‑track Commercial Court, was brought before Mr Justice Brian McGovern, who was informed that the parties had reached a settlement and the case could be struck out. Allied Imports and its director, Mr Robert Scanlan, argued that Kavanagh Giftware's use of a grey and white graphical representation on the inside and outside of packaging infringed their copyright and caused public confusion. Kavanagh Giftware had sold the products in its Enniscorthy outlet and online, and was also distributing them wholesale to other retailers in Ireland. The settlement ended the litigation without further orders or injunctions.

2018-02-26 · Tipperary

Uncle "terrorised" niece with rape and sexual abuse, court hears

In a Central Criminal Court hearing, a 23‑year‑old woman described how her 64‑year‑old uncle terrorised and brain‑washed her into hiding sexual abuse from her parents. She said she was frightened whenever the uncle visited and feared what he would do, especially on her Holy Communion Day. The uncle pleaded guilty to one count of rape, one count of attempted rape and three counts of sexual assault between December 1999 and May 2005. He had no prior convictions. The victim was aged five to ten at the time of the offences. The court heard the first assault occurred on New Year's Eve 1999 when the uncle forced her to touch his penis while she was alone. Subsequent incidents included rape in a shed, forced contact under blankets, and forced touching in her bedroom in 2004 and 2005. The last incident was when he held her down in her bedroom in 2005.

2018-02-23 · Tipperary

Bid to have 1998 murder conviction declared "a miscarriage of justice" is dismissed

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.

2018-02-07 · Tipperary

Appeal court finds man is entitled to 120 acre farm but not allowed €150k left to him in will

In a 21‑day High Court case in 2012, William Naylor, aged in his early sixties, sued his sister Jean Maher, the executrix of Michael Hoare's estate, to set aside a 2006 will that left the Derrylahan farm to Maher and €150,000 to Naylor. Naylor claimed he had worked the farm for over 30 years and that Hoare, who had married Naylor's mother in the 1980s, had promised him the land. The High Court found Naylor was entitled to the 120‑acre farm but dismissed his claim that the will was procured by duress or undue influence. Naylor was awarded 75 % of his legal costs. On appeal, the Court of Appeal upheld the land entitlement but ruled that the €150,000 bequest was a substitution for the land and ordered Naylor to execute a disclaimer of that sum. The appeal did not alter the High Court's decision on the monetary bequest.

2018-02-02 · Tipperary

Sex abuser denied extra time to reopen case

John Joe Patterson, 57, was convicted by a jury at Nenagh Circuit Criminal Court of sexually abusing his two step‑daughters over a ten‑year period, beginning when they were nine. The women waived anonymity so Patterson could be named in the media. He received an effective sentence of eight years imprisonment, with the final 18 months suspended, imposed by Judge John Hannan on 9 November 2015. More than two years later, Patterson applied to the Court of Appeal for an extension of time to bring an appeal. The Court, led by Mr Justice George Birmingham, refused the extension, citing "considerable difficulty" in accepting Patterson's claims that a misunderstanding had arisen from the indictment and that his former solicitor had advised that an appeal was not possible. The Court found the application to be "very significantly out of time" and not sufficiently grounded in the facts, and it was opposed by the State counsel Antonia Boyle BL.

2018-01-29 · Tipperary

Woman savagely attacked and raped by former partner

In a Tipperary case, Christopher Mulready, aged 33, received a partially suspended ten‑and‑a‑half‑year prison sentence for a rape and savage assault of his former partner, who is now 28. The victim was attacked while sleeping on a couch on 28 April 2016, suffering a fractured eye socket and cheekbone. The next morning Mulready raped her. He pleaded guilty to assault causing harm but denied the rape charge; a jury found him guilty of rape. Judge Michael Moriarty described the assault as cowardly and despicable, noting the victim's bruises and the lack of remorse shown by Mulready. The judge suspended the last nine months of the sentence, backdated it to April 2016, and ordered no contact with the victim, declaring Mulready a sex offender. The victim, who suffered PTSD, depression, and anxiety, has sought treatment and is rebuilding relationships with her family.

2018-01-15 · Dublin

Solicitor had to learn how to walk again after devastating unprovoked attack by stranger

In a Dublin Circuit Criminal Court hearing, David McFadden, aged 29, was sentenced to six‑and‑a‑half years for a one‑punch assault that caused severe brain injuries to 38‑year‑old solicitor Kevin Geraghty. The attack occurred outside the Back Door Pub on 25 June 2016, when McFadden, who claimed to be a boxer, struck Geraghty on the head without provocation. Geraghty suffered catastrophic brain damage, required two emergency surgeries, spent ten days in a coma, and has been unable to return to work or drive. McFadden had been assaulted minutes earlier by another man, a fact he cited in court. The judge noted the unprovoked nature of the attack and the high culpability of McFadden, who had 24 prior convictions. The prosecution's victim impact statement highlighted Geraghty's ongoing physical and psychological difficulties. McFadden's defence argued the assault was not pre‑meditated and that he was highly intoxicated at the time. David McFadden pleaded guilty.

2018-01-15 · Tipperary

"Not very clever criminal" repeatedly broke in to same house

Christopher McCarthy, 29, a homeless traveller with a long history of alcohol problems and 133 prior convictions, had previously pleaded guilty to criminal damage and obstruction of a Garda at Mr Cole's home in Roscrea and was sentenced to five years in prison. He had broken into the same home twice in May 2013. In June 2016 he successfully appealed and received a three‑year sentence with the final 12 months suspended on the condition that he stay away from Mr Cole and certain streets in Roscrea. In April he entered Mr Cole's home again, hiding behind a cardboard box, and was found by Gardaí. The Court of Appeal, after reviewing the breach, activated the suspended 12‑month sentence in full, back‑dated to 20 October, the expiry date of an earlier eight‑month District Court sentence for trespass.

2018-01-11 · Tipperary

Construction worker tells High Court of "terrible conditions" in "work camp"

Armando Agostinho Alves Da Silva, a construction worker, testified in the High Court that he and 20 other Portuguese colleagues endured "terrible conditions" while building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008. The workers, employed by three Portuguese companies under the RAC Eire Partnership, were housed in a prefab building outside Nenagh where 6‑8 men shared a room. The accommodation lacked basic facilities: the water was unfit for drinking, showers were unreliable, and wastewater produced a foul smell. Meals were supplied only on working days; on Sundays the workers had to fend for themselves with no cooking facilities. Da Silva said the new employer offered better pay and shorter hours, prompting him to move into a local house. The case, part of a series of actions against the same companies, seeks damages for alleged breach of contract, unpaid wages, unfair deductions for accommodation and laundry, and fraudulent record‑keeping.

2017-12-18 · Tipperary

Tipperary man who tried to pervert murder investigation has jail term cut on appeal

James Conlon, a 35-year-old from Clonmel, Co Tipperary, had his jail term reduced on appeal after pleading not guilty to two counts of attempting to pervert the course of justice. The offences occurred during the investigation into the 2012 murder of Shane Rossiter. Conlon was originally found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to eight years imprisonment, with the final year suspended, by Judge Thomas Teehan in February 2012. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Alan Mahon and Mr Justice John Edwards, quashed these sentences. The court substituted new terms of four years and three years imprisonment to run concurrently, resulting in an effective four-year term. The appeal judgment noted that Conlon and Maurice Power, who was convicted of Rossiter's murder at the Central Criminal Court in 2014, sought to remove a computer chip from a CCTV system. Conlon also allegedly sought to dissuade a potential witness from giving evidence. While the court acknowledged the seriousness of perverting justice in a murder case, it found the original sentencing range inappropriately high, noting the absence of violence, threats, or intimidation.

2017-12-07 · Dublin

Man serving 18 years for violent burglary climbed on to prison roof during riot

Dean Byrne, aged 25, was serving an 18‑year sentence for a 2013 aggravated burglary when he climbed onto the roof of Cloverhill Prison during a riot on 29 May 2015. He remained on the roof for 13 hours, during which he threw a pole down at inmates below. Byrne pleaded guilty to aiding and abetting violent disorder. The Dublin Circuit Criminal Court added six months to his sentence, to be served after the existing term, citing his actions on the roof as a nuisance during the riot. The court noted that Byrne had 122 prior convictions and that he had been in institutions for half his life. The judge refused to reduce the extension, imposing the additional six months as a separate penalty.

2017-12-06 · Tipperary

Judge orders AIB to provide names of account holders over alleged "serious fraud"

In a High Court case, Norgine BV, a Dutch pharmaceutical company, obtained an order from Judge Paul Gilligan directing AIB to disclose the names and addresses of the holders of an account in the bank's Cahir, Tipperary branch. The order, to be complied with within six days, was sought because Norgine alleges it suffered a serious cyber fraud, paying about €440,000 to the account after receiving an email that appeared to come from an Italian supplier but was actually fraudulent. The company claims the supplier never received the funds, and only a portion of the money has been recovered, leaving roughly €400,000 outstanding. Norgine seeks to identify the individuals who handled the account and to trace the money's destination. AIB, represented by Paul Fogarty, stated that confidentiality and data protection prevented it from providing the requested information, but the parties agreed to the wording of the order. The case was adjourned to a later date in the month.

2017-12-04 · Mayo

Court upholds 15-year sentence for violent burglar who "hacked and slashed" 11-year-old

The Court of Appeal has dismissed an appeal against the severity of a 15-year prison sentence imposed on Michael Maughan for aggravated burglary. Maughan, aged 24, pleaded guilty to breaking into the caravan of Martin and Winnie McDonagh on Turlough Road, Castlebar, on November 18, 2013. During the attack, Maughan allegedly used a machete to slash the occupants, including an 11-year-old child, causing severe lacerations. The original sentence was handed down by Judge Rory McCabe at Castlebar Circuit Criminal Court on February 19, 2016. On appeal, counsel for the Director of Public Prosecutions argued the offence was among the most serious possible, while the defence compared it to a less severe Tipperary case. The three-judge panel, led by Mr Justice George Birmingham, rejected this comparison, stating both cases represented the highest level of seriousness for aggravated burglary. The court noted that Maughan was also sentenced on four other bills of indictment for violent disorders and robbery committed after the caravan attack. Judge McCabe had imposed concurrent sentences for these additional offences, made consecutive to the aggravated burglary term but suspended in their entirety. The Court of Appeal found that the 15-year sentence for the aggravated burglary fell within the appropriate range and that no error in principle was identified, thereby upholding the original custodial term.

2017-12-01 · Dublin

Elderly surgeon jailed for sex attacks on teenage patients

A retired surgeon, Michael Shine, aged 85, was convicted by a jury at Dublin Circuit Criminal Court of indecent assault on two 15‑year‑old patients in the mid‑1970s. The court found that Shine had abused the trust of patients and the hospital by groping the boys during medical examinations. He was sentenced to 20 months' imprisonment, with consecutive 10‑month terms for each victim. Shine pleaded not guilty to eight charges of indecent assault at Our Lady of Lourdes Hospital and his private clinic in Drogheda, covering incidents from 1964 to 1991, but was acquitted on the remaining charges. The judge noted Shine's advanced age, severe angina, and risk of dementia, yet rejected a request for a suspended sentence. The case highlighted the breach of trust by a senior medical professional and the lasting impact on the teenage victims.

2017-11-09 · Dublin

Golden Pages publisher to exit examinership

The High Court approved a scheme that allows FCR Media Ltd, the publisher of the Golden Pages directory, to exit examinership and continue trading as a going concern, thereby safeguarding 73 jobs. The scheme, devised by examiner Neil Hughes, was supported by the majority of creditors and the trustees of the firm's pension scheme, and received a neutral stance from Revenue. Mr Justice Robert Haughton approved the arrangement on Thursday. FCR Media Ltd, which employs 103 workers, has decided to cease printing the Golden Pages and focus on its online business, resulting in redundancies in the printing section. The company secured fresh investment during examinership and has a reasonable prospect of survival, with forecasts for 2017 and 2018 positive.

2017-11-02 · Tipperary

Interviewing gardai should not have supervised murder suspect's cigarette breaks, lawyers submit

In a 2017 appeal, lawyers for Maurice Power, a 34‑year‑old from Kilmoyler, argued that Gardaí supervising his cigarette breaks during an interview on suspicion of murdering Shane Rossiter violated proper procedure. Power, who had pleaded not guilty to Rossiter's 2012 murder, was found guilty by a jury of 11‑1 and received a mandatory life sentence in 2014. His barrister, Dominic McGinn SC, contended that the Gardaí's involvement in the breaks, supposedly due to resource constraints, effectively influenced Power's confession. He claimed the Gardaí provided information that Power repeated, thereby inducing the confession, and that the trial judge failed to question the admissibility of the confession and related evidence. The Director of Public Prosecutions' counsel dismissed these claims, describing them as lacking substance, and the court was to reserve judgment.

2017-10-23 · Waterford

Man to stand trial accused of murdering mother of four

A 29‑year‑old man, Danny Whelan, who has no fixed abode but was formerly of Thomas Street, Waterford, is charged with the murder of Samantha Walsh, a 31‑year‑old mother of four. Walsh was found dead in an apartment on Thomas Street on 28 April. The Central Criminal Court set the trial for 2 October 2018, with a two‑week duration.

2017-10-09 · Tipperary

Tipperary crystal sue giftware seller over alleged trademark infringement

Allied Imports Ltd, owner of the Tipperary Crystal brand, has sued Kavanagh Giftware Ltd for allegedly passing off Tipperary Crystal trademarks on the packaging of mugs and cups sold by the defendant. The plaintiffs claim the defendant uses a grey and white graphic representation of the Tipperary Crystal mark on the inside and outside of its packaging, and that the goods are sold in Enniscorthy, Wexford, and online, with wholesale distribution to other Irish retailers. Allied Imports and director Robert Scanlan argue that the unauthorized use causes public confusion. They seek injunctions to stop the passing off, orders to have the infringing goods seized and destroyed, and damages. The case was admitted to the fast‑track Commercial Court list by Justice Brian McGovern after a challenge by Kavanagh's counsel, and is scheduled to return in February. The proceedings remain at the pleading stage, with no verdict yet.

2017-07-24 · Tipperary

Uncle sexually assaulted 7-year-old niece while out begging

In a 2017 case, a 56‑year‑old Tipperary man pleaded guilty to sexually assaulting his seven‑year‑old niece between December 1994 and July 1995. The victim, now 29, had kept the abuse secret for years, fearing her grandmother's retaliation after she confided. She reported being beaten with a stick and living in fear of further attacks. The court noted the victim's long‑term psychological harm, including depression, suicidal thoughts, nightmares and anxiety about her children. The judge, Ms Justice Deirdre Murphy, acknowledged the victim's admission of guilt and her desire not to see the accused jailed. She imposed a four‑year sentence, suspended in full, after the defendant's guilty plea and the victim's statement of vindication. The case ended with a non‑custodial outcome.

2017-07-24 · Tipperary

5.5 years for man who raped 12-year-old boy after luring him down lane

Andrew Roche, 28, pleaded guilty in the Central Criminal Court to one count of orally raping a 12‑year‑old boy and one count of anally raping him between 25 December 2008 and 17 March 2009. The victim, who came forward in 2014, described how Roche lured him to a lane, forced himself on him, and warned him not to tell anyone. Roche, who was 20 at the time of the attack, was initially relaxed when questioned by Gardaí but denied knowledge of the events once he was told the victim was a boy. He has 41 previous convictions and has been in custody on other matters since February 2016. Mr Justice Paul Coffey imposed a sentence of five and a half years' imprisonment, back‑dated to 19 April 2016, and ordered post‑release supervision for six years. Roche has been certified as a sex offender.

2017-07-17 · Tipperary

Man raped boy (12) after luring him down lane

Andrew Roche, aged 28, pleaded guilty at the Central Criminal Court to one count of orally raping a 12‑year‑old boy and one count of anally raping him between 25 December 2008 and 17 March 2009. The victim, who came forward in 2014, said Roche lured him to a lane, told him "I want to show you something", forced himself on him and warned him not to tell anyone. Roche, who was 20 at the time, was initially relaxed when questioned but denied knowledge of the events once he was told the victim was a boy. Roche has 41 previous convictions and has been in custody since February 2016. He will be sentenced next Monday, 24 July, after being remanded by Mr Justice Paul Coffey. The victim expressed relief at not having to give evidence but disappointment at not being able to describe the assault.

2017-07-13 · Limerick

Biker shot rival club member dead in territorial dispute, prosecution tell murder trial

In a Limerick murder trial, Alan McNamara (50) pleaded not guilty to the 2015 shooting death of Andrew O'Donoghue (51). McNamara, a former Road Tramps member who joined the Caballeros, allegedly fired a sawn‑off shotgun at O'Donoghue during a territorial dispute between the two clubs. The incident began when McNamara, wearing Caballeros colours, was confronted by Road Tramps members in Doon, a Road Tramps area. After a confrontation, McNamara allegedly shot O'Donoghue at point‑blank range. Robert Cusack (28), McNamara's stepson, was charged with impeding his apprehension and also pleaded not guilty. Both men are being tried together at the Central Criminal Court, with the trial continuing before Justice Paul McDermott and a jury. The prosecution presented evidence of the clubs' territorial conflict and the sequence of events leading to the fatal shooting.

2017-07-05 · Louth

Non-jury court finds it doesn't have jurisdiction to hand over transcripts to GSOC investigation

The Garda Síochána Ombudsman Commission (GSOC) applied to the High Court for transcripts of the Special Criminal Court's proceedings involving Adrian Crevan Mackin, who shot Garda Anthony Golden in 2015 and later committed suicide. GSOC's request, made by counsel Mr Ronan Kennedy, sought transcripts from the twelve occasions Mackin's case was mentioned, including his bail status. The Special Criminal Court, a non‑jury court, ruled that it lacked both inherent and express jurisdiction to grant the application, stating that the High Court had the authority to consider such requests. Justice Isobel Kennedy, with Judges Gerard Griffin and Gerard Haughton, advised that the application should be directed to a High Court judge. The DPP's counsel, Mr John Byrne, agreed that the Special Criminal Court did not have jurisdiction and that the matter should be brought before the High Court. The court thanked the parties for their remarks. The ruling was issued on 5 July 2017.

2017-07-04 · Cork

Partner of man who died from brain haemorrhage after being sent home from hospital three times seeks to quash inquest result

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.

2017-07-03 · Louth

"Public interest investigation" in to garda interaction with killer

The Garda Siochana Ombudsman Commission (GSOC) has applied to the Special Criminal Court for transcripts of the court's appearances concerning Adrian Crevan Mackin, who shot Garda Anthony Golden in 2015 and then committed suicide. GSOC says a "public interest investigation" has been launched after complaints about the nature of interactions between Gardaí and Mackin before and after his January 2015 arrest. Counsel Ronan Kennedy requested transcripts of the twelve occasions Mackin's case was mentioned, noting that Mackin had been granted bail on a 100‑Euro bond and a 5,000‑Euro surety. The court was told Mackin was charged with membership of the IRA and that the DPP did not oppose the application but questioned the court's jurisdiction, suggesting the request should go to the High Court. The court will rule on the application on Wednesday. The case involves Mackin's 25‑year‑old status and the fatal shooting of Garda Golden on 11 October 2015 in Omeath, Co. Louth.

2017-06-26 · Waterford

Trial date set for man accused of murdering 90-year-old Paddy Lyons

A trial date of 4 June 2018 has been set for Ross Outram, 26, of Ferryland, Waterford Road, Clonmel, who is charged with murdering 90‑year‑old Paddy Lyons in Waterford. Lyons was found slumped in a chair at his home with blood on his face and head injuries on 25 February. The case will be heard before a judge and jury in the Central Criminal Court.

2017-06-26 · Tipperary

Six-year sentence for Tipperary man caught at traffic stop with pipe-bombs

Dylan Cahill, aged 24, of Lower Irishtown, Clonmel, County Tipperary, received a six-year sentence at the Special Criminal Court following guilty pleas to weapons and explosives charges. On 13 May 2015, gardaí conducting traffic enforcement stopped a vehicle near Glefarne, County Leitrim after reports of fuel theft. A search of the maroon Volkswagen Passat uncovered a plastic shopping bag containing a .380 calibre semi-automatic pistol, four rounds of matching ammunition, and two improvised explosive devices. Cahill, the driver, pleaded guilty to possession of the firearm and ammunition, and to possession of the pipe-bombs at the same location. During interview, he stated he was unaware of the weapon's intended purpose. Gardaí assessed the items were being transported in connection with IRA activities. Ms Justice Isobel Kennedy, presiding with two colleagues, imposed concurrent sentences of six years, with the final year suspended, on each count.

2017-06-20 · Dublin

Taxi driver who ran down fare-dodging passenger has driving ban lifted

David Ryan, a 59‑year‑old taxi driver, pleaded guilty to dangerous driving that caused serious bodily harm to Eoin Daly on 7 April 2011. In July 2014 Judge Patricia Ryan sentenced him to three years' imprisonment, suspended, and imposed a four‑year driving ban. Ryan's lawyers argued that the ban prevented him from working as a rural publican in Cappaghwhite, Co. Tipperary, where public transport is limited. The judge lifted the ban after noting Ryan had not attracted further Garda attention since the conviction and that he needed the vehicle for his occupation. The court also considered that Ryan had been under severe financial and family stress, had paid €5,000 as a token of remorse, and had expressed remorse and apology. The decision was made without altering the original sentence or the suspended portion. The case remains at the criminal court stage.

2017-06-19 · Wexford

Bail refused for man accused of threatening to kill gardai

Patrick O'Reilly, 49, of Brownswood, Enniscorthy, was denied bail by the High Court after being charged with threatening to kill Garda Paul Donoghue and Detective Inspector John Hunt in February in Limerick. The State argued that O'Reilly was a flight risk and could interfere with witnesses, citing O'Callaghan objections and Section 2A of the Bail Act. Justice Michael Moriarty ruled the bail refusal necessary, hearing evidence from Chief Superintendent John Roche and the two Gardaí who were allegedly threatened. O'Reilly now awaits trial at Clonmel Circuit Court.

2017-06-19 · Tipperary

Traffic cops made explosives find after stopping driver who failed to pay for fuel

A 24-year-old man from County Tipperary pleaded guilty at the Special Criminal Court to possessing two pipe-bombs, a pistol, and ammunition discovered during a traffic stop in County Leitrim in May 2015. Dylan Cahill of Clonmel admitted charges relating to a .380 calibre semi-automatic pistol, four rounds of ammunition, and two improvised explosive devices found at Sradrine, Glefarne. Gardaí conducting traffic duties stopped the vehicle after reports it had left a filling station without paying for fuel. A search of the car revealed the weapons and explosives in a shopping bag on the front passenger seat. Detective Garda Derek Bonar told the court that gardaí believed the items were being transported in connection with IRA activities. Cahill's co-accused, John Burke, previously pleaded guilty in the Circuit Criminal Court and received a three-and-a-half-year sentence with six months suspended. Ms Justice Isobel Kennedy, sitting with two other judges, remanded Cahill in custody pending sentencing on 26 June.

2017-05-31 · Dublin

Recycling company fined €25k over transfer of waste to unlicensed sites

In a Dublin Circuit Criminal Court hearing, Greyhound Recycling and Recovery (GRR) pleaded guilty to breaches of the Environmental Protection Act and the Waste Management Act for transferring waste to five unlicensed sites in Kildare, Dublin and Laois between April and June 2012, and for failing to keep adequate records between March and August 2012. The company admitted providing false information and breaching its license. The Environmental Protection Agency (EPA) noted that GRR had a waste licence from May 2007 for storing and transferring waste from a Clondalkin site, where most output was Solid Recovered Fuel (SRF) bales. The licence allowed shipping SRF to suppliers on the continent and storing bales at Dublin Port, but the company diverted them to unlicensed sites when the port storage was full. EPA investigators found 5,000 bales at a Kildare site, 2,000 at Maynooth, 120 at a Tipperary site, 1,000 at Hollystown, and evidence of storage at Ballybrit.

2017-05-25 · Louth

Evidence against IRA accused "does not exist", defence tell court

A 44-year-old man from County Louth has pleaded not guilty to membership of an unlawful organisation, a charge he denies relates to the Irish Republican Army. Michael Connolly of Dundalk faced trial at the Special Criminal Court, where the prosecution alleged he was observed driving in convoy with another man who was later found in possession of improvised explosive devices. The prosecution's case relied significantly on evidence from a Garda Assistant Commissioner regarding his belief in Mr Connolly's membership status, along with interviews conducted under statutory powers. The defence argued that this evidence lacked independent corroboration and fell short of legal requirements, contending the case should fail. The three-judge court rejected an earlier defence application for a directed acquittal. Judgment is scheduled for delivery on 1 June 2017.

2017-05-24 · Louth

Judges to rule on whether IRA membership case will proceed

A 44-year-old man from Dundalk, County Louth, will have the Special Criminal Court determine tomorrow whether his trial for alleged IRA membership can proceed. Michael Connolly has pleaded not guilty to membership of an unlawful organisation on 16 December 2014. The prosecution alleges he was observed by gardaí driving in convoy along the N52 with another man who was later found with two improvised explosive devices. The defence applied today for a direction that the evidence was insufficient, arguing there were defects in the assistant commissioner's opinion underpinning the case and that Mr Connolly's presence at commemorations and demonstrations, or his association with previously convicted individuals, did not necessarily indicate IRA membership. The defence also contended there was no evidence Mr Connolly possessed or knew of the explosive devices. The three-judge court noted the application raised matters of sufficient substance and indicated closing speeches would be heard tomorrow.

2017-05-09 · Louth

Louth IRA accused driving in convoy with man found with IEDs, trial hears

Michael Connolly, aged 44 and resident of Grange Drive in Dundalk, County Louth, has pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army on 16 December 2014. The Special Criminal Court heard opening arguments from the prosecution that Mr Connolly was observed driving in convoy with another man, Brian Fitzpatrick, following observations by members of the National Surveillance Unit. The court was told the men left the same house together in separate vehicles in the Ardee area before travelling in convoy towards Mullingar. It was further stated that two improvised explosive devices were discovered in Fitzpatrick's vehicle when both cars were stopped on the N52. The prosecution case will rely on evidence from Garda Assistant Commissioner Michael O'Sullivan regarding his belief of Mr Connolly's membership, along with garda interviews conducted under the Offences Against the State Act. The trial, before Mr Justice Tony Hunt presiding with Judge John O'Hagan and Judge Flann Brennan, continues before the three-judge, non-jury court.

2017-04-24 · Tipperary

Judge dismisses bid by former Industrial School resident to apply to Redress Board

A man who claimed he was physically and sexually abused at St Joseph's Industrial School in Clonmel, Co. Tipperary, lost a High Court bid to allow him to apply to the Residential Institutions Redress Board for compensation. He had been committed to the school for two years and said he suffered severe beatings and sexual abuse. The board, set up in 2002 to compensate victims of industrial schools, closed applications in 2005. He applied in 2008, was refused because the application was not received in time, and made a fresh application in 2010. After an oral hearing in early 2012, the board again refused to extend time. In 2016 he brought judicial review proceedings against the board, the Superior Court Rules Committee and the Minister for Justice and Equality, seeking to quash the board's refusal and to declare the Superior Court rules an impermissible restriction on access to the courts.