The trial of four senior bankers accused of conspiring to mislead investors has heard that former Anglo Irish Bank CEO David Drumm authorised €7.2 billion in allegedly dishonest transactions. The accused include former Irish Life and Permanent (ILP) CEO Denis Casey, Anglo's former group finance director Willie McAteer, ILP's then group finance director Peter Fitzpatrick, and John Bowe, who had been Anglo's head of capital markets. All four have pleaded not guilty to four charges, which allege that they conspired together and with others to mislead investors through financial transactions to make the bank appear €7.2 billion more valuable between March 1st and September 30th, 2008 in Dublin. The trial, which is scheduled to run for up to five months, continues before Judge Martin Nolan and a specially enlarged jury of eight men and seven women.
A 48‑year‑old former defence forces sergeant, Michael Tobin, has filed a High Court challenge to overturn a decision by the Private Security Authority to revoke his licence to work as a doorman. Tobin, who has worked as a doorman in Kilkenny and Clonmel and was employed at Matt the Millers Public House on New Year's Eve, was informed on 13 January that his licence had been revoked. He argues the revocation was fundamentally flawed, citing a lack of notification, no reasons given, and no opportunity to be heard. He seeks an order quashing the revocation, a declaration that the decision contravened natural justice and the Irish Constitution and the European Convention on Human Rights, and that provisions of the 2004 Private Security Services Act are incompatible with those instruments. The Irish Human Rights and Equality Commission is a notice party. The judge granted permission ex‑parte and set a later date for the case to be heard.
A jury awarded €132,000 in damages to Catherine Houlihan, a 41‑year‑old wheelchair‑bound woman from Carrick on Suir, after finding that two Gardaí trespassed into her home on 2 August 2011 and falsely imprisoned her while questioning her about a missing iPhone. The Gardaí entered her house without a search warrant, searched her handbag and wheelchair without permission, and threatened to take her to Clonmel Garda Station if she did not admit to taking the phone. Houlihan denied taking the phone, which she claimed was stolen from a fast‑food restaurant earlier that day. The High Court judge, Mr Justice Colm MacEochaidh, heard the case over three days and, after deliberation, the jury concluded that her privacy had been breached, that she had been falsely imprisoned and that the Gardaí had trespassed without lawful authority. The jury awarded her €132,000 in damages, a decision that was stayed pending appeal.
The trial of four senior bankers – Denis Casey, former CEO of Irish Life and Permanent; Willie McAteer, former Head of Finance at Anglo Irish Bank; Peter Fitzpatrick, former ILP director of finance; and John Bowe, former Anglo head of capital markets – continues in legal argument until next week. They are accused of conspiring to mislead investors by using interbank loans to inflate Anglo Irish Bank's value by €7.2 billion between 1 March and 30 September 2008. All four pleaded not guilty. The court has paused the jury for a legal dispute and will resume on Monday.
The trial of five senior bankers accused of conspiring to mislead investors by making Anglo Irish Bank appear €7.2 billion more valuable than it was between March 1st and September 30th, 2008, has entered legal argument and will continue until Thursday. The accused include William McAteer, Denis Casey, Willie McAteer, Peter Fitzpatrick, and John Bowe, who have all pleaded not guilty to the charges of conspiring together and with others to mislead investors through financial transactions. The trial is ongoing at Dublin Circuit Criminal Court. On day nine of the trial, the State's first witness, Matt Cullen, a former director of treasury at Anglo, completed his direct evidence and was cross-examined by Diarmaid McGuinness SC, defending John Bowe. Legal disputes regarding the admissibility of certain evidence arose, prompting Judge Martin Nolan to ask the jury to leave the courtroom temporarily. The jury was instructed to return on Thursday. The trial is in the validated procedural stage of trial, with no findings, sentences, or finalisations yet determined.
During a trial in Dublin, former executives of Anglo Irish Bank and Irish Life and Permanent (ILP) were accused of conspiring to mislead investors by disguising €750 million in short‑term interbank loans as legitimate deposits. The defendants, including former ILP CEO Denis Casey, former Anglo finance head Willie McAteer, former ILP finance director Peter Fitzpatrick and former Anglo capital markets head John Bowe, pleaded not guilty. Testimony revealed that Anglo transferred money to ILP, which was then returned to Anglo via Irish Life Assurance, creating the appearance of large corporate deposits for the 30 September 2008 year‑end report. Calls between executives in March 2008 discussed keeping the transactions "tight as a duck's arse" and breaking the €750 million into smaller amounts to disguise the scheme. Additional evidence included internal emails showing daily outflows of deposits in September 2008, with the collapse of Lehman Brothers exacerbating the bank's liquidity crisis.
David Gill, a 40‑year‑old former GAA youth coach and father of three from The Pines, Leopardstown Road, Dublin, pleaded guilty in the Dublin Circuit Criminal Court to possessing €5,000 of cannabis herb seized in a Tipperary drug bust. The court heard that Gill's fingerprints were found on a bag of the seized cannabis, but he denied any link to the people involved in the operation. Sergeant David Buckley confirmed that Gill had no connection to the targets of the Garda operation and that the package would have passed through his hands while he was involved in transporting drugs in Dublin. Gill has three prior convictions, including a seven‑year sentence for possessing almost €600,000 of cannabis in August 2013. The judge, recognising his cooperation and efforts to improve while incarcerated, imposed a two‑year sentence to run concurrently with the seven years he is already serving.
At the Dublin Circuit Criminal Court, the trial of four senior bankers, including former Irish Life and Permanent (ILP) CEO Denis Casey and Anglo's former group finance director William McAteer, continued. The accused, who include Peter Fitzpatrick and John Bowe, have all pleaded not guilty to four charges of conspiring to mislead investors between March 1st and September 30th, 2008. The charges allege that they engaged in transactions between Anglo, ILP, and Irish Life Assurance (ILA) to make Anglo appear €7.2 billion more valuable than it was. Anglo Irish Bank applied for €1 billion in emergency funding from the Central Bank at the same time as these alleged transactions. Testimony from Anglo's former head of treasury, Matt Cullen, indicated that the executive directors were aware of the purpose of the transactions and assumed the board was also aware. The scheme involved transferring money from Anglo to ILP, which would then be deposited back by ILA to appear as corporate deposits in Anglo's accounts. The matter was adjourned after a legal issue arose, with the jury sent home until Monday at the earliest.
In a Dublin Circuit Criminal Court trial, four former Anglo Irish Bank executives—Denis Casey, Willie McAteer, Peter Fitzpatrick and John Bowe—were accused of conspiring to mislead investors by creating an artificial €7.2 billion increase in the bank's customer deposits between March and September 2008. Prosecutor Paul O'Higgins described a scheme involving repeated interbank transfers, including a €1 billion move from Anglo to Irish Life and back, and a €978 million transfer from an Isle of Man subsidiary that was later reversed. The alleged transactions had no commercial substance and were intended solely to inflate Anglo's financial position. All four pleaded not guilty. The case, heard by Judge Martin Nolan, included testimony from Garda Bureau of Fraud Investigation members and former Anglo employees. The trial focused on the alleged deceptive financial manoeuvres and the executives' alleged intent to deceive investors.
The Circuit Criminal Court began a trial on 20 January 2016 involving four former executives from Anglo Irish Bank and Irish Life and Permanent. The defendants – William McAteer (65), Denis Casey (56), Peter Fitzpatrick (63) and John Bowe (52) – are accused of conspiring to mislead investors by using interbank loans to make Anglo appear €7.2 billion more valuable between 1 March and 30 September 2008. They pleaded not guilty. The case will hear from dozens of witnesses, including 14 Garda Bureau of Fraud Investigation members and former employees of Anglo, ILP, Morgan Stanley, Royal Bank of Scotland and RBC Capital Bank. The trial is expected to last about five months before a jury of fifteen, sworn two weeks earlier, will decide the matter. The prosecution, represented by Paul O'Higgins SC, will open the proceedings before Judge Martin Nolan.
A 57‑year‑old Dublin woman, Anne Fennell, pleaded guilty to making persistent obscene and menacing phone calls to the President, the Department of Finance, the European Commission, An Post and several TDs between February and December 2014. She threatened to bomb President Michael D Higgins if he visited England, and also threatened bombs and bullets at other officials, including the Environment Minister and TDs. Fennell, a former An Post worker, claimed she was lonely and that her threats were "just words". She had no prior convictions and lived alone in poor conditions, reportedly in a sleeping bag in a bottom room of her house. The court remanded her on continuing bail to July, allowing her to continue psychological therapy and engage with probation services, and ordered a welfare report to explore pro‑social support structures. The judge noted her isolation as a key factor in her offending.
The trial of former Anglo Irish Bank and Irish Life and Permanent executives, including Denis Casey, Willie McAteer, Peter Fitzpatrick and John Bowe, has been postponed to the following Wednesday. The defendants are charged with conspiring to mislead investors by using interbank loans to inflate Anglo's value by €7.2 billion between 1 March and 30 September 2008. They have all pleaded not guilty. An expanded jury of 15 was sworn in at Dublin Circuit Criminal Court and the case is expected to last about five months. The hearing will feature testimony from 14 Garda Bureau of Fraud Investigation officers, former Anglo staff and employees of Morgan Stanley, Royal Bank of Scotland and RBC Capital Bank London. The trial will proceed after the jury's rescheduled return.
Jury selection was completed at Dublin Circuit Criminal Court for the trial of four former financial executives accused of conspiring to mislead investors. William McAteer, John Bowe, Denis Casey, and Peter Fitzpatrick have all pleaded not guilty to allegations that they conspired to make Anglo Irish Bank appear €7.2 billion more valuable than it was between March 1 and September 30, 2008. Judge Martin Nolan described the proceedings as a complex financial fraud trial expected to last 20 weeks. The empanelling process concluded after a potential juror suffered a panic attack, resulting in a 15-member jury of eight men and seven women. Several individuals were excused from service due to conflicts of interest, including employment in financial services, shareholding in Anglo, or holding strong views on the bank. Judge Nolan instructed the sworn jury not to investigate the case online or discuss it with others, emphasizing the need for an open mind. He listed potential witnesses, including Garda Bureau of Fraud Investigation members and employees from Morgan Stanley, Royal Bank of Scotland, and RBC Capital Bank. The judge stated that evidence is unlikely to begin until the week after next, with jurors instructed to return to court the following Monday unless contacted by Courts Services regarding any changes.
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.
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.
Timothy Fogarty, 55, of Gurtnaskeha, Tour, Co Tipperary, was found guilty of possession of an electric‑powered air rifle with intent to unlawfully intimidate Fiona Ryan, the female owner of a local pub, on 20 June 2011. He had pleaded not guilty. The jury sentenced him to four years' imprisonment, with the final 12 months suspended, on 27 June 2014. Fogarty appealed on the basis that the sentencing judge had placed the offence at the most serious end of the range. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the incident was momentary and that Fogarty's reduced cognitive functions warranted mitigation. The appeal was successful and the sentence was reduced to three years' imprisonment, with the final 12 months suspended for two years post‑release, on condition that he keep the peace, be of good behaviour and have no dealings with the injured party or her family.
The Special Criminal Court in Dublin formally disposed of an IRA membership charge against Adrian Crevan Mackin, who killed Garda Tony Golden and later committed suicide. The court marked Mackin's indictment as "accused deceased" and ordered the return of his €100 bail and €5,000 independent surety. Mackin, 25, had been complying with bail conditions when he shot Garda Golden and seriously injured his partner Siobhan Phillips at their home in Omeath, Co. Louth. His counsel, Tony McGillicuddy BL, requested the hearing be treated as a trial day, which the judge agreed to.
In a Special Criminal Court hearing, the charge of IRA membership against Adrian Crevan Mackin, who killed Garda Tony Golden and wounded his partner before taking his own life, was struck out. Prosecutor Michael O'Donovan instructed the court to withdraw the single charge. Mackin, 25, had been granted bail on a €100 bond with a €5,000 surety and was complying with bail conditions at the time of the murder. Judge Paul Butler noted that the deceased could not defend himself against bail breach allegations, and the matter was scheduled for re‑mention on November 5th.
A 23‑year‑old Tipperary man was sentenced to four years' imprisonment for having sex with a 14‑year‑old babysitter while walking her home on 3 February 2013. He pleaded guilty to the sexual act but was acquitted of rape by the trial judge. The court noted he had 21 prior convictions, including burglary, theft, criminal damage and drug offences. The incident occurred around 11.30 pm, with the sexual intercourse taking place briefly in an alley before he escorted the girl home. The victim's impact statement described profound unhappiness and hatred, yet she reported progress in 2015 and a supportive family. The judge, considering the early guilty plea and remorse, imposed a four‑year term with the final 18 months suspended, ordered registration as a sex offender and required probation‑based treatment upon release.
Gerard Mounsey, 47, of Knockshegowna, Ballingarry, Nenagh, Tipperary, was found guilty in 2014 of eight counts of knowingly or wilfully filing incorrect income tax returns for the years 2003 to 2009. He was acquitted on one count and convicted on seven, receiving a suspended 18‑month prison sentence and a €10,000 fine. Mounsey appealed, and on 19 October 2015 the Court of Appeal quashed his conviction. The appeal court held that the conviction could not stand, citing that the tax liability for the relevant years had not been finally determined at the time of trial. The court also noted that the evidence of tax assessments was presented as opinion evidence, and that the defence had been inadequately engaged with the issue. The judgment was delivered by Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. Gerard Mounsey pleaded not guilty.
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.
A 47‑year‑old Tipperary man was sentenced to seven years' imprisonment for raping and sexually assaulting his daughter between 2004 and 2008 when she was aged six to ten. He pleaded guilty to one count of rape, one count of oral rape and six counts of sexual assault. The judge described the acts as "vile and terrible" and noted the breach of trust and the victim's vulnerability. The sentence, back‑dated to 18 May 2015, combined a seven‑year term for the rape counts with a five‑year term for the assault counts, to run concurrently. The court took into account the child's age, the abuser's early guilty plea and his background. The victim, now 16, had previously expressed a desire for her father not to go to prison, despite acknowledging his wrongdoing. The case highlighted the profound impact on the victim and her family.
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.
A 22-year-old man from Clonmel, County Tipperary, has been granted bail by the Special Criminal Court ahead of trial scheduled for October. Dylan Cahill faces charges of membership of an unlawful organisation styling itself the Irish Republican Army, alleged to have occurred on 13 May 2015. He is also charged with possession of a .380 calibre semi-automatic pistol and four rounds of matching ammunition at Sradrine, Glefame, County Leitrim on the same date, in circumstances giving rise to reasonable inference the items were not lawfully held. Additionally, Mr Cahill is charged with possession of two improvised explosive devices at the same location. Detective Garda Mark Benson told the court that Mr Cahill was arrested at Manorhamilton, County Leitrim, on 15 May and made no reply to the charges. An independent surety of €20,000 was frozen in a bank account. Trial is set for 16 October 2015.
A 53‑year‑old Tipperary man was sentenced to 12 years' imprisonment for sexually abusing his younger sister in the 1970s and his niece between 2005 and 2007. He pleaded guilty to one count of rape and six counts of sexual assault of his sister, and to five counts of child defilement, one count of oral rape and three counts of sexual assault of his niece. Mr Justice Patrick McCarthy imposed consecutive seven‑year terms for the offences against each victim, suspended the final two years, and ordered the man to serve the remaining ten years in custody. The court heard that the man's sister suffered psychological problems and trust issues, while his niece reported severe anxiety, a near‑suicidal episode and ongoing trust difficulties. The judge noted the man's acceptance of wrongdoing but limited insight into his motivations. The sentence was intended to encourage rehabilitation.
Vasile Stratan, a 35‑year‑old Moldovan who had been in Ireland for only four days, pleaded guilty to burglary at a Carrick‑on‑Suir home on 26 September 2013. He was sentenced to six years' imprisonment by Judge Thomas Teehan on 13 March 2014. Stratan claimed he travelled to the scene on the "promise of working in a circus" and that he was merely "casing houses", not the organiser of the offence. His barrister, Pauline Walley, argued that the sentencing judge had not considered his guilty plea, lack of prior convictions, health problems and his status as a non‑national with no English. On appeal, Justice Seán Ryan agreed that the judge had erred in not giving weight to these factors and, with some reluctance, ordered that the final 18 months of the sentence be suspended, leaving Stratan with a reduced custodial term. The appeal did not alter the assessment of the crime itself.
Alan Freeman, aged 34, was convicted of theft for his role in a January 2009 robbery at Carrick on Suir, Tipperary, where more than 40 firearms were taken. He pleaded guilty at Naas Circuit Criminal Court and was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. The Court of Appeal noted the robbery's significance to the Gardaí and that Freeman had been assisted by experienced counsel. On appeal, Judge George Birmingham reviewed Freeman's earlier suspended sentence of eight years for a bank robbery, of which six years had been reactivated, making a global sentence of 13 years. Applying the principle of totality and proportionality, Birmingham suspended two years of the seven‑year sentence, leaving Freeman with an overall sentence of 11 years. He agreed to a €100 bond to maintain peace and good behaviour during the suspended period.
In a High Court judgment, Mr Justice Donald Binchy held that consultant engineers and Limerick County Council were jointly responsible for the wrongful demolition of the O'Shaughnessys' single‑storey farmhouse, 'The Hollows', in Annaholty, Birdhill, Co. Tipperary, on 6 September 2006. The court found the consultant engineering joint venture, RPS Scetauroute, was 70 % liable and the local authority 30 % liable, while the third party that carried out the demolition was not negligent. The demolition stemmed from a series of acts and omissions: an RPS engineer incorrectly designated the plot as derelict, Limerick County Council staff mistakenly identified the O'Shaughnessys' home as plot 156a, and both parties failed to supervise or verify the site. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, lived there, and had planned renovations before the house was unexpectedly removed. The case was settled on undisclosed terms in January of the following year.
A Tipperary man, Michael Smith, aged 53, was sentenced to 15 years in prison for a series of sexual offences against a girl who was 11 when the first abuse began. Gardaí interviewed him in 2004 after a search uncovered a video of him raping the victim. Smith was released without charge, travelled to the UK and committed further abuse against a teenage girl he had groomed online. He was jailed in the UK in 2008 for that offence and for possession of nearly 20,000 images of child pornography. After his release from a UK prison in 2014 he was extradited to Ireland and has been in custody since. The victim, Michelle Smith, 29, waived anonymity and gave a victim impact statement. Michael Smith pleaded guilty.
The High Court refused to surrender Aidan O'Dwyer, a 40‑year‑old from Clonmel, to Bulgarian authorities for alleged attempted murder of a taxi driver. Bulgarian prosecutors claimed O'Dwyer stabbed the driver in the chest with a knife, motivated by hooliganism, and that the driver survived only thanks to emergency services. O'Dwyer, who was arrested under a European Arrest Warrant on 24 June 2014, argued he acted in self‑defence and that the injuries were not severe. The court considered his serious medical condition, including a liver transplant in 2005 and current powerful medication, and his medical evidence sworn before the European Committee for the Prevention of Torture. The judge cited substantial risk of inhumane and degrading treatment in Bulgarian prisons, citing CPT findings of fundamental shortcomings. Consequently, the court ordered O'Dwyer's release, returned any bail, and discharged him from the proceedings.
David Nevin, 40, of Terryglass, Nenagh, was sentenced by Judge Martin Nolan at Dublin Circuit Criminal Court to a suspended three‑and‑a‑half‑year sentence for harassing former girlfriend Patricia Dardis from August 2012 to February 2013. Nevin sent repeated text messages, emails, faxes, handwritten notes, and appeared at Dardis's home and workplace, even attempting to contact the CEO of her firm. He pleaded guilty and was remanded in custody in early May to reflect on his conduct. The judge noted Dardis suffered significant emotional trauma and warned Nevin that a repeat offence would lead to a long prison term. Nevin was ordered to remain of good behaviour for three‑and‑a‑half years, to avoid any contact with Dardis, and to pay €1,000 to court within one week, which would be given to the Rape Crisis Centre if not accepted by Dardis. The sentence was suspended in full.
In a 2015 court hearing, former Anglo Irish Bank executive William McAteer, aged 63, was granted legal aid for two upcoming criminal trials. The court noted that an enlarged jury panel would be required for the trial involving McAteer and three co‑accused: John Bowe (50), former head of capital markets at Anglo Irish Bank; Denis Casey (54), former chief executive of Irish Life and Permanent; and Peter Fitzpatrick (61), former director of finance at IL&P. The co‑accused are charged with conspiring to mislead investors by transferring €7.2 billion to inflate the bank's value between March and September 2008. McAteer and Bowe also face separate charges of falsifying accounts under the Theft and Fraud Act. McAteer is also set to stand trial in January 2017 for fraudulently obtaining a loan from Anglo Irish Bank to repay a personal loan with Bank of Ireland in September 2008. William McAteer was convicted.
A 21‑year‑old Tipperary man, who pleaded guilty to having sex with a 13‑year‑old babysitter when he was 15, was sentenced to three‑and‑a‑half years' imprisonment on 12 June 2013. The case involved the babysitter being assaulted by the man and a co‑accused after they entered her home. The judge described the offence as very serious and noted that the co‑accused had not reoffended, whereas the appellant had 31 prior convictions. The appeal focused on the difference between the appellant's sentence and that of the co‑accused, who received a fully suspended sentence. The Court of Appeal, sitting with Justices John Edwards and Alan Mahon, dismissed the appeal, upholding the original sentence and the judge's decision to impose no suspended portion for the appellant. The appeal was rejected on 5 June 2015.
In a Dublin family home, a 50‑year‑old Tipperary man was sentenced to 17 years' imprisonment for sexually abusing and raping his daughters over an 18‑year period. He pleaded not guilty to 44 charges, including 37 counts of raping his eldest daughter, one count of anal rape of that girl, one count of oral rape of her younger sister, and a threat to kill his youngest daughters. The court found him guilty on 75 charges, with a jury verdict of not guilty on three. The judge described the offences as pre‑meditated, violent and exploitative, noting the victims' courage and the man's lack of remorse. The eldest daughter was first abused at nine, raped from eleven, and escaped to England at seventeen. The second daughter was abused from ten to just before fourteen, and the third from eleven to thirteen.
Three men appeared before the Special Criminal Court at trial, facing alleged IRA-related charges arising from an ongoing investigation into dissident republican activities. Séamus McGrane, 60, of Co Louth, was charged with directing the activities of an unlawful organisation styling itself the IRA and membership of that organisation between December 2009 and May 2015. He made no reply to the charges and was remanded in custody until May 20. Donal O Coisdealbha, 23, of Dublin 15, was charged with IRA membership and possession of a time and power unit, a component of an improvised explosive device, found in a storage locker at NUI Maynooth. He also made no reply and was remanded in custody until May 20, with his solicitor indicating a bail application would be made. Dylan Cahill, 22, of Co Tipperary, was charged with IRA membership, possession of a .380 calibre Colt semi-automatic pistol, four rounds of ammunition, and two pipe bombs in Co Leitrim. He made no reply to the charges. A proposed bail application for the following Tuesday was opposed by the DPP due to Garda operational constraints. The court remanded Mr Cahill in custody until June 9, granting him liberty to apply for bail before that date. All three accused were identified in the dock by detective sergeants, and no pleas or findings were recorded at this procedural stage.
A 50‑year‑old Tipperary man was found guilty of 75 charges of sexually abusing and raping his four daughters between 1994 and 2012. He pleaded not guilty to 44 charges, including 37 counts of raping his eldest daughter, one count of anal rape of that daughter, one count of oral rape of her younger sister, and one charge of threatening to kill his youngest daughters. The judge directed a not‑guilty verdict on three charges. The eldest daughter, now 29, said she was first abused at nine, raped at eleven, and anally raped at fourteen before escaping to England at seventeen. The second daughter, now 27, was abused from ten to just before fourteen and claimed forced oral sex. The third daughter, now 24, was assaulted from eleven to thirteen and reported a threat to kill her sisters. The youngest, 15, was abused four times in summer 2012.
Alan Freeman, aged 34, pleaded guilty to theft in a 2009 robbery of over 40 firearms at Carrick on Suir, Tipperary. He was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. In a Court of Appeal hearing on 20 April 2015, Freeman's counsel, Dominic McGinn SC, applied to appeal the conviction on the single ground that the prosecution bore the burden of proving Freeman was not induced into pleading guilty. McGinn argued that Freeman had extensive contact with a senior investigating Garda, a detective superintendent, up to the evening before the plea, including phone calls and face‑to‑face meetings, and that this contact was not disclosed to Freeman's legal team. He claimed Freeman effectively told his counsel he would plead guilty regardless of advice. The Director of Public Prosecutions' counsel, Patrick McCarthy SC, countered that Freeman's plea was freely made and that no illegal conduct had occurred.
Oliver Kierans, aged 57, from Drumbannon in Bailieborough, County Cavan, has been sentenced to twelve years imprisonment following proceedings at the Central Criminal Court. A jury returned a majority verdict finding him guilty of manslaughter, but not guilty of murder, in the death of his wife Patricia Kierans on 5 September 2013 at their family home. He was also convicted of unlawful possession of a sawn-off shotgun and possession of a firearm with intent to endanger life. Ms Justice Aileen Donnelly imposed concurrent sentences of nine years for manslaughter, eight years for unlawful possession, and twelve years for possession with intent to endanger life. The court heard that the couple had been married thirty-three years when marital difficulties arose in 2013. The judge noted that Mr Kierans, who has no previous convictions, subsequently attended a public house in Bailieborough where a protracted incident involving gardaí ensued, which was resolved peacefully. Oliver Kierans was acquitted.
Independent TD Michael Lowry, aged 60, is scheduled to be arraigned on 31 July for four alleged tax offences. The charges claim he filed incorrect tax returns in 2003 and 2007. The case is currently stayed, but a judicial review at the High Court on 28 July will decide whether the stay is lifted. If the review concludes by 31 July, Lowry must appear in court and plead guilty or not guilty; if not, his appearance is not required and the case will be listed for mention. Lowry was first charged in Thurles District Court last year with three counts of knowingly filing incorrect returns in 2003 and one count in 2007. In April, Judge Elizabeth MacGrath sent him to Nenagh Circuit Criminal Court on a €500 bail bond, and the trial was later transferred to Dublin on the DPP's application.
In a Limerick Central Criminal Court hearing, Richard Higgins, aged 45, was convicted of murdering Seán Murphy, aged 29, on 17 January 2010, and received a mandatory life sentence on 28 July 2011. The jury also found him guilty of two counts of threatening to kill Murphy and his partner. Higgins, who pleaded not guilty, has now lodged an appeal in the Court of Appeal. His counsel, Mr Michael Bowman SC, argues that the conviction is unsafe, citing a mis‑representation of Higgins' statement to a third party. Bowman contends that the transcript used by the prosecution was incorrect, as Higgins actually said, "what would kill me…", which changes the meaning. He also claims the threatening counts should not have been included on the indictment, noting no Garda investigation into those threats. The Court of Appeal, presided over by Mr Justice Seán Ryan, will render a judgment as soon as possible.
Graham Dwyer, a 42-year-old architect from Foxrock, Dublin, has pleaded not guilty to the murder of Elaine O'Hara at Killakee, Rathfarnham on 22nd August 2012. During his trial at the Central Criminal Court, Detective Sergeant Peter Woods gave evidence on the 36th day of proceedings, describing police interviews conducted after Mr Dwyer's arrest in October 2013. Mr Dwyer admitted to gardai that he had a relationship with Ms O'Hara, a 36-year-old childcare worker, and acknowledged watching erotic horror material the night before his arrest. He denied killing anyone. The court heard evidence of video footage showing Ms O'Hara becoming unresponsive after a plastic bag was placed over her head. Mr Dwyer was charged with murder hours after Ms O'Hara's discharge from a mental health hospital. The State contends the killing occurred during a sexual act. Ms O'Hara's remains were discovered at Killakee in September 2013, though the cause of death could not be determined.
Michael Batty, a water‑meter protester, had been committed to prison for contempt of court in November 2014. He apologised for breaching a court order that barred him from coming within 20 metres of installation works and gave a solemn undertaking to obey the order. Judge Paul Gilligan suspended Batty's 28‑day sentence for six months. The High Court had released his clients on a habeas corpus application. Solicitor Cahir O'Higgins, representing the protest group, noted that the release was a technical victory and that the clients respected the process. The protest group, led by Damien O'Neill and supported by Bernie Hughes, said they would continue to oppose water‑meter installation and that the campaign would move forward. No criticism of the High Court judge was made. The order remains in force.
Philip McCarthy, 48, of Cabra Court, Thurles, was charged with possession of €43,000 worth of drugs after a vehicle stop at the Horse and Jockey Hotel in November 2011. He received a 10‑year sentence, with the final three years suspended, at Clonmel Circuit Criminal Court on 18 October 2013. In the Court of Appeal on 2 March 2015, Mr Justice George Birmingham informed counsel that the Court of Appeal can increase sentences and that no exceptional circumstances were found. McCarthy's counsel requested an adjournment, and the case was rescheduled for a later hearing.
The Central Criminal Court jury heard technical evidence on the 27th day of the trial of Graham Dwyer, who is charged with murdering Elaine O'Hara at Killakee, Rathfarnham on 22nd August 2012. Mr Dwyer, aged 42, has pleaded not guilty to the charge. Witnesses including telecommunications engineers provided detailed mobile phone records and data covering periods before and after the alleged offence. The court also heard from a woman who had engaged Mr Dwyer's architectural services in County Galway in 2009, and from witnesses who placed him at various locations during July 2012. A Ballyshannon hotel proprietor testified to his movements that month. The State's case is that the killing occurred hours after Ms O'Hara's discharge from a mental health facility. Her remains were discovered at Killakee in September 2013. The trial continues before Mr Justice Tony Hunt and a jury of five women and seven men.
The Director of Public Prosecutions will challenge a stay on criminal proceedings against former minister Michael Lowry, who faces four tax‑offence charges for allegedly filing incorrect returns in 2003 and 2007. Lowry, 60, was initially heard at Thurles District Court and later transferred to Nenagh Circuit Criminal Court on a €500 bail bond. The case was moved to Dublin Circuit Criminal Court, where the DPP intends to lift the stay. The High Court will hear the challenge, with the case adjourned to 14 April and Lowry excused from that hearing.
In 2015 the Supreme Court dismissed an appeal by Mrs. Mary Stokes, mother of John Stokes, who had been refused admission to CBS High School, Clonmel. The school's policy gave preference to children of former pupils, Catholics, and those who had attended a local feeder school. John met the latter two criteria but not the first, as his father had not attended the school. After a lottery he was not admitted and attended another school. Mrs. Stokes argued the policy discriminated against Traveller children. The Equality Tribunal found the rule disproportionately affected Travellers and ordered the school to offer John a place and review its policy. The school appealed to the Circuit Court, which set aside the Tribunal's order, and the case progressed through the High Court, where the decision was upheld. The Supreme Court held that there was insufficient evidence to show the rule caused a particular disadvantage to Travellers and therefore dismissed the appeal.
In February 2015 the Court of Appeal dismissed James Mansfield Junior's appeal against a €6.32 million summary judgment issued by the Commercial Court. The judgment arose from loans AIB advanced between 2003 and 2009 for the purchase of land in Duleek, Co Meath, and the development of apartment blocks, an underground car park and commercial units. Mansfield, together with three other parties, formed the "Duleek Partnership" to acquire the land. The Commercial Court found none of the four parties had an arguable defence and granted summary judgment. Mansfield appealed, arguing he was dyslexic and had signed the loan agreement by mistake (non‑est‑factum). The Court of Appeal, sitting with Justices Mary Finlay Geoghegan, Michael Peart and Alan Mahon, rejected the appeal, holding that Mansfield knew he was signing a legal document that created obligations and that no evidence showed he had asked questions about the liability he was undertaking.
In a Dublin Circuit Criminal Court hearing, Jiri Vecernik, a 45‑year‑old Czech national residing in Tipperary, pleaded guilty to possession of a blank‑firing revolver found in his checked‑in luggage at Dublin Airport on 22 December 2013. The revolver, manufactured in Germany, could discharge cartridges containing a pepper‑spray‑type substance but was incapable of firing lethal ammunition. Vecernik had purchased the pistol online for €70, believing it would protect him after a physical altercation with a Slovak colleague over a dog. He claimed the incident had left him fearful that the colleague might return. Gardaí found no prior convictions for Vecernik, who had lived in Ireland since 2006 and worked as a handyman. The judge, citing the unusual circumstances and Vecernik's lack of criminal history, opted for a conviction under the Probation Act rather than a custodial sentence, noting that Vecernik had not breached any bail conditions and had fully cooperated with the investigation.
In a 30‑minute incident in south Dublin, 41‑year‑old Francis Gavigan, a drug addict, forced a woman, Eleanor McCarthy, to drive his car while threatening to Taser her and take her children. He showed the children a memorial card of his late mother and claimed he was a "bad apple" desperate to avoid bank robbery. Gavigan pleaded guilty to robbery and false imprisonment. He was sentenced to five years in prison, with the sentence backdated to May 17, 2014. The court noted the victims felt severely threatened but that Gavigan had no intent to harm them. He had 34 prior convictions, including vehicle theft and violent theft, and was reported to be engaging with prison chaplaincy and drug‑addiction support at the time of sentencing.
Mihail Lurescu, 28, of Thurles, pleaded guilty to assault causing harm to his former wife on 17 July 2013 in Dublin. The judge, Martin Nolan, sentenced him to a two‑and‑a‑half‑year suspended term after a three‑week pre‑sentencing custody period. Lurescu had previously been convicted of ten non‑violent offences. The assault involved repeated punches to the woman's head, a fracture to her cheekbone and bruising. He also took her mobile phone and threatened further violence. Garda Enda Muldoon reported that the victim was too frightened to return to her apartment. Lurescu admitted partial remorse, saying "a part of me is." The judge noted that alcohol was a factor but not an excuse. The couple, now legally separated, share a child. The sentence was imposed to deter future behaviour.