Court archive

Court reports mentioning Tipperary

2024-07-01 · Tipperary

Kerry GAA claims Minister's refusal over investment scheme jeopardises €38m in donations

Kerry GAA has filed a High Court challenge against the Minister for Justice's refusal to include the sports body in the now-defunct Immigrant Investor Programme, arguing that the decision endangers more than €38 million in donations. The Gaelic games organisation contends that the refusal will jeopardise at least €27 million already committed to redeveloping FitzGerald Stadium in Killarney and an additional €11.6 million in new donations it has identified. Kerry GAA says it had submitted two parts of its development proposals—one for a Centre of Excellence and another for the stadium—before the scheme was scrapped in February 2023. The Minister's decision, made on 24 January, rejected the stadium application on the grounds that "no valid investor application was submitted" and that the investor must be new, not one already linked to another project.

2024-06-24 · Dublin

One-time senior Kinahan cartel member further jailed for helping in depraved murder of innocent man

Declan 'Mr Nobody' Brady, a former senior Kinahan cartel member, was sentenced at the Special Criminal Court to a nine-year prison term for facilitating the murder of Christopher Kirwan. The court found that Brady attached a tracker device to Kirwan's vehicle, aiding the gang in the December 2016 killing of the innocent man, who was shot after being photographed attending a funeral. Mr Justice Tony Hunt described the act as a pre-planned, execution-style murder and noted Brady's status as a trusted operative. Brady pleaded guilty to the single charge of participating in a criminal organisation to facilitate a serious offence. The judge fixed a 13-year headline sentence, reduced by three years for the guilty plea, resulting in a ten-year term with the final year suspended conditional on dissociation from the Kinahan group. This sentence runs concurrent to previous convictions: an 11.5-year term for supervising a firearms arsenal and an eight-year, three-month term for laundering over €400,000, both with suspended portions. The court also referenced Michael Crotty, who admitted buying phone credit for Sean McGovern, an act deemed reckless as to whether it facilitated the Kinahan organisation in the murder. Crotty's case is distinct from Brady's sentencing, which was backdated to April 30 last year.

2024-05-31 · Tipperary

'Unsuitable to hold office': former judge jailed for attempted rape and sex abuse

Gerard O'Brien, 59, a former Circuit Court judge, was sentenced to five years and nine months' imprisonment, with 21 months suspended, for one count of attempted anal rape and eight counts of sexual assault against six young men. The offences, committed while he was a teacher at CBC Monkstown between 1991 and 1997, involved victims aged 17 to 24, four of whom were students or former students. O'Brien pleaded not guilty, resigned as a judge in January 2024, and had his sentencing hearing postponed twice. The judge noted O'Brien's age, disability and psychological vulnerability, but also highlighted his misuse of disability to exploit victims, lack of remorse, and predatory behaviour. O'Brien will serve the custodial term, be subject to a two‑year post‑release supervision order, and his conviction was deemed to show he was unsuitable to hold judicial office.

2024-05-29 · Tipperary

Judge has sentence hearing for attempted rape and sex abuse of six young men adjourned

Gerard O'Brien, a former Circuit Court judge aged 59, had his sentencing hearing for attempted rape and sexual abuse of six young men adjourned to Friday. He was convicted in December at the Central Criminal Court of one count of attempted anal rape and eight counts of sexual assault involving six victims, all of whom were aged 17 to 24 at the time of the offences, which took place in Dublin between March 1991 and November 1997. O'Brien, who taught at CBC Monkstown and was aged 27 to 33 during the incidents, pleaded not guilty to all allegations. He had no prior convictions and resigned from the judiciary in January after being appointed in 2015. The court noted his rare congenital condition, Phocomelia, caused by Thalidomide, which left him without upper limbs and missing a lower limb, requiring assistance with daily tasks.

2024-05-15 · Dublin

'Trustworthy businessman' who helped Kinahan cartel carry out serious offence is jailed

Michael Crotty (42) was sentenced to two years' imprisonment at the Central Criminal Court for facilitating a serious offence by a criminal organisation. Crotty, a gym owner from Cashel, Co Tipperary, initially pleaded not guilty to facilitating the murder of Noel Kirwan but entered a guilty plea in February to participating in activity reckless as to whether it would facilitate a serious offence. The court found that Crotty bought €20 in phone credit for Sean McGovern, a leading Kinahan cartel member, which was used to coordinate the 2016 murder of Mr Kirwan. Presiding Judge Caroline Biggs set a headline sentence of six years, reduced to two years due to Crotty's guilty plea, lack of prior convictions, and 21 exceptional character references. The judge noted that while Crotty did not intend the credit to be used for murder, its use in the killing was an aggravating factor. This is the fourth conviction related to the case. Previously, Jason Keating (32) was jailed for 10 years for his significant role in the murder. Declan 'Mr Nobody' Brady (57) and Martin Aylmer (37) also pleaded guilty to facilitating or contributing to the murder of Mr Kirwan, though their specific sentences are not detailed in this report. The matter was finalised with Crotty's sentencing.

2024-05-09 · Waterford

Jailed shooter argues home was searched unconstitutionally

Gavin Ryan, convicted of shooting Clifford Power twice in the chest in Gracedieu, Waterford, in December 2019, has appealed his conviction at the Court of Appeal. Ryan, who pleaded not guilty to possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition, and possession of amphetamines with intent to sell or supply, was found guilty on all four counts by a jury. On November 25, 2021, Judge Eugene O'Kelly sentenced him to 13.5 years in prison, with the final two years suspended. Ryan's legal team argues that a garda entered his residence without a warrant, breaching his constitutional rights, and that evidence obtained from this entry was inadmissible. They contend the garda had no bona fide belief that anyone was at risk. The State's counsel countered that the entry was lawful and proportionate, as gardaí were conducting door-to-door inquiries for a fleeing armed shooter and found the apartment open. The search later conducted under a warrant revealed a bullet matching the scene, documents, and amphetamines. Justice Patrick McCarthy reserved his judgment, meaning the matter was adjourned and not concluded.

2024-04-29 · Tipperary

Judge told he is facing jail for attempted rape and sex abuse of six young men

A former Circuit Court judge, Gerard O'Brien, aged 59, was told by the court that he is likely to receive a custodial sentence for attempted rape and sexual assault of six young men between 1991 and 1997. O'Brien, a former teacher and solicitor, was convicted in December 2023 of one count of attempted anal rape and eight counts of sexual assault. The victims, aged 17 to 24, were either his students or former students. The judge, Mr Justice Alexander Owens, said he would impose a custodial sentence when the case is finalised on 29 May 2024 and remanded O'Brien on continuing bail. O'Brien pleaded not guilty to all allegations. The court considered psychological reports, victim impact statements and O'Brien's personal circumstances, including his disability and history of depression, but did not yet decide the final sentence.

2024-04-22 · Dublin

Daughter of innocent victim shot dead by Kinahan Cartel hopes man who facilitated murder 'never sees light of day again'

At the Special Criminal Court, Ms Justice Caroline Biggs adjourned the sentence hearing for Michael Crotty to May 13. Crotty, 42, of Co Tipperary, pleaded not guilty to facilitating the murder of Noel Kirwan before entering a guilty plea in February to participating in a criminal organisation's activity. The State alleged Crotty facilitated the killing by purchasing €20 in mobile credit for Sean McGovern, described in evidence as a leading Kinahan cartel figure. Detective Sergeant Sean Cosgrove presented evidence linking a tracking device on Mr Kirwan's car to unregistered numbers used by Crotty and others, suggesting awareness of the unlawful purpose. Victim impact statements were read, including from Donna Kirwan, who expressed hope that the facilitator would "never see the light of day again." Defence counsel Padraig Dwyer SC noted Crotty's early guilty plea and submitted references. Separately, the report notes that Jason Keating, 32, was previously jailed for 10 years for his role in the "execution-style murder" of Mr Kirwan, having admitted to facilitating the offence. The matter regarding Crotty remains adjourned and is not concluded.

2024-04-12 · Waterford

Murder accused told gardai that deceased hit him first

In the Central Criminal Court, Maurice 'Mossie' Boland, aged 36, pleaded not guilty to murder but guilty to the manslaughter of Cian Gallagher, 26, who died from a brain bleed after an alleged altercation on Barrack Street, Tallow, on 10 November 2022. Boland told arresting gardai that Gallagher had struck him first, that he had "ducked" and then hit Gallagher back, and that Gallagher had made comments about Russians. He described the incident as a "pure accident" and said the fight resembled a "Conor McGregor knockout". Boland's partner, Marian O'Brien, testified that she had left him with their children on 1 November, that he had called her from Lismore saying he was going for drinks, and that she had seen him and Gallagher run out in front of her car. She also said she had taken his mobile phone at the scene to contact his relatives.

2024-03-19 · Tipperary

Ex-Supermac's manager claims he was 'ostracised' after disagreement with founder Pat McDonagh over alleged non-payment of workers

A former Supermac's area manager, Peter Straka, claims he was stripped of duties, ostracised by senior colleagues and ultimately demoted after a disagreement with owner Pat McDonagh over alleged non‑payment of staff during the first Covid‑19 lockdown in 2020. Straka says he raised concerns via email between 29 April and 11 May 2020, and that McDonagh met with him on 12 May to express dissatisfaction with his view. Straka alleges that following this meeting he was excluded from meetings, had his role diminished and was demoted in January 2023, which he refused, leading to his dismissal. Supermac's denies the claim and says it has no knowledge of any penalisation under the Protected Disclosures Act 2014. The case is being heard at the Workplace Relations Commission, with several of Straka's complaints identified as duplicates and withdrawn, and the remaining complaints to be heard jointly at a later date.

2024-02-29 · Limerick

Mouse infestation at Homesavers took three hours to clean up each morning, manager alleged

In February 2024 the Employment Tribunal awarded €30,000 to former Homesavers manager Darell Donnelly after he claimed he was pressured to obstruct Gardaí and health inspectors during a severe mouse infestation at the City East retail park store in Limerick. Donnelly said the infestation was so severe in 2022 that it triggered the alarm at night and that three managers spent three hours each morning cleaning droppings and urine. He alleged that the store's commercial manager told him the matter was "out of his hands" and that he was instructed to keep cleaning while pest control experts recommended fumigation. Donnelly also claimed the commercial manager prevented him from allowing inspectors into the premises and threatened to prosecute him for refusing access to pest‑control records. The tribunal found Donnelly's complaints were protected under the Safety, Health and Welfare at Work Act 2005 and that the company's actions, including a forced transfer to Nenagh, constituted detrimental treatment.

2024-02-26 · Cork

Insolvency arrangement lets widow tackle €2.4m in debt, retain family home

The High Court approved a Personal Insolvency Arrangement for 70‑year‑old widow Marian Phillips, allowing her to address about €2.4 million of debt while staying in her home at Kenley Close, Model Farm Road, Cork. Phillips had fallen into financial difficulty because of high interest rates on loans from lenders. Her creditors include Start Mortgages DAC (over €2 million owed), Cabot Financial, the Revenue Commissioners, a property management company and a solicitors' firm. Under the arrangement, four buy‑to‑let residential properties owned by Phillips – three in Cork and one in Clonmel, County Tipperary – valued at just over €1 million will be sold to satisfy secured creditors. The remaining debts will be written off. Phillips will also enter a State‑approved Mortgage‑to‑Rent/Social Tenancy scheme for her principal private residence, a semi‑detached three‑bedroom house valued at about €345,000.

2024-02-20 · Tipperary

Teen says sexual abuse has left her unable to look back at childhood memories

A 73‑year‑old man, whose identity is withheld to protect victims, pleaded guilty at the Central Criminal Court to four counts of rape, attempted rape and sexual assault. The offences occurred between 2012 and 2019 in County Tipperary, involving two young girls who were cousins of the complainants. The first victim, aged about ten or eleven at the time of the first contact, described a pattern of inappropriate touching, kissing and an attempted rape that ended when she entered secondary school. The second victim, aged about four or five, was raped on three separate occasions, the first when she was five or six. Both girls, now 17 and 16, gave impact statements detailing how the abuse has left them unable to recall happy childhood memories, caused them to feel unsafe, and led to shame, suicidal thoughts and trust issues.

2024-02-19 · Tipperary

Rapist father who breached trust of daughters in 'gravest' way gets 10 years

John Doyle, 49, of Littleton, Co. Tipperary, was convicted in Wexford of two counts of rape and four counts of sexual assault against his two daughters and his niece. The offences occurred between 2006 and 2017 in the family home and a mobile home. Doyle denied wrongdoing and maintains his innocence. The judge, Ms Justice Siobhan Lankford, described the acts as a "breach of trust of the gravest kind" and imposed concurrent sentences of 12 years for the rape counts, with one year suspended on strict conditions. He received additional sentences of six and four years for the sexual assault counts, all to run concurrently, and was directed to remain away from the victims for five years post‑release under probation supervision. The court noted Doyle's refusal to accept responsibility and the impact on the victims' safety and trust.

2024-02-19 · Dublin

Former judge convicted of attempted rape and sex abuse has sentence hearing postponed for weeks

Gerard O'Brien, a former Circuit Court judge aged 59, was convicted in December 2023 by a Central Criminal Court jury of one count of attempted anal rape and eight counts of sexual assault involving six young men. The offences, which took place between March 1991 and November 1997 in Dublin, were committed while O'Brien was a teacher in his 30s. The complainants, four of whom were his students, were aged 17 to 24 at the time. O'Brien denied all charges. He resigned from the judiciary in February 2024. Defence counsel requested a delay of the sentence hearing to allow completion of several reports, which are expected to be ready by mid‑April. The court agreed to adjourn the hearing to 29 April, and O'Brien remains on continuing bail.

2024-02-06 · Kildare

Man admits to facilitating Kinahan Cartel in serious offence, ending trial

A man named Michael Crotty, aged 41, admitted to facilitating the Kinahan Cartel by buying a mobile top‑up for Sean McGovern, a leading figure in the cartel, during a Special Criminal Court hearing. Crotty had previously pleaded not guilty to a charge related to the 2016 murder of Noel 'Duck Egg' Kirwan, an innocent man mistakenly targeted by the cartel. In the hearing, Crotty pleaded guilty to a new charge of recklessness under Section 72 of the Criminal Justice Act, stating he had no intention for the top‑up to be used in endangering anyone. The court noted that Kirwan was shot dead after the Regency Hotel attack, which had involved the cartel. The judge extended Crotty's bail and adjourned sentencing to April 22. The trial had been scheduled for up to five weeks and included testimony on the cartel's structure and activities.

2024-01-30 · Tipperary

Jailed rapist fails to convince court that 8.5-year sentence was too severe

Graham Daly, aged 40, was sentenced to eight and a half years in prison for repeatedly raping and sexually abusing his younger brother between January 1998 and December 2002. The offences were tried in the Central Criminal Court in December 2021, where a jury found him guilty on seven counts. Daly pleaded not guilty and has maintained his innocence, arguing that the sentence was too severe. He appealed to the Court of Appeal, claiming the judge erred in assessing the severity and in balancing aggravating and mitigating factors, and that the sentence was disproportionate. The Court of Appeal dismissed the appeal, stating that the gravity of the repeated, escalating offences justified a headline sentence range of 10 to 15 years, and that the judge's decision to place the sentence within that range was correct. The court found no error in the judge's approach and upheld the eight‑and‑a‑half‑year term.

2024-01-23 · Kildare

Senior figure in Kinahan Cartel named as court hears evidence on gang's command structure

Sean McGovern, injured in the 2016 Regency Hotel attack, is named in the Special Criminal Court as a senior leader of the Kinahan organised crime group. The court heard sworn testimony on the Kinahan cartel's command structure and activities, and evidence that 33 people linked to the organisation, who were "going to be involved in violence and murder," have been arrested by Gardaí. Detective Superintendent David Gallagher testified that the Kinahan group is driven by monetary gain, primarily through drug trafficking, and enforces control by violence, firearms and murder. He described the organisation as hierarchical, with a core in Dubai and cells in Europe and South America, noting a dramatic fall in violence since 2018. Gallagher confirmed McGovern's leadership role and that he is currently based in Dubai. The hearing also covered the murder of Noel Kirwan, mistakenly targeted by the Kinahans, and the prosecution of Michael Crotty for facilitating that murder. Michael Crotty pleaded not guilty.

2024-01-22 · Dublin

Innocent man shot six times on own driveway, murder trial hears

In a Special Criminal Court hearing, State Pathologist Dr Linda Mulligan presented evidence that Christopher 'Noel' Kirwan, an innocent man with no criminal involvement, was shot six times and died from multiple gunshot wounds to his head, chest, arm and abdomen. The pathologist identified eight separate injuries caused by six bullets, including a bullet that entered Kirwan's chest, damaging the aorta and the lower lobe of the left lung, leading to heart and lung failure. Additional wounds to the chest, abdomen and right arm caused blood loss. A bullet entered Kirwan's head below the right eye, fracturing his upper jaw and lodging beneath the lower jaw. Toxicology tests were negative for drugs or alcohol. Michael Crotty, 40, is on trial for allegedly facilitating Kirwan's murder by topping up a mobile phone for Sean McGovern; Crotty pleaded not guilty to the single charge.

2024-01-18 · Tipperary

Social worker who defiled boy in State care loses her conviction appeal

A 44‑year‑old social worker who brought a 16‑year‑old boy in State care to her home and sexually defiled him was convicted and jailed for four years, with the final two years suspended, by a jury after an 11‑day trial. She appealed, arguing that Facebook messages exchanged with the boy should not have been admitted because the State's request for the messages was made under the wrong section of a 2008 treaty on mutual legal assistance between Ireland and the United States. The appeal was dismissed by Justice Tara Burns, who held that the treaty required the transmission of the request by the Department of Justice, not the drafting, and that the material, though extending beyond the original timeframe, was still admissible. The conviction remains in force, and the social worker will serve the remaining two years of her sentence. The unnamed 44-year-old pleaded not guilty.

2024-01-17 · Kildare

Man with no priors on trial accused of topping up mobile used in 'Duck Egg' Kirwan murder

A 40‑year‑old man with no prior convictions, Michael Crotty, is on trial before the Special Criminal Court for allegedly topping up a prepaid mobile phone that was used in the murder of Christopher 'Noel' Kirwan, who was mistakenly linked to the Regency Hotel shooting. Crotty pleaded not guilty. The prosecution alleges he purchased a top‑up for the third phone at a Spar shop in Naas on 21 December 2016, the day before Kirwan's murder. They claim he knew or was reckless about the phone's potential use in a serious crime. Crotty was arrested in March 2021 and questioned by Gardaí. He is charged under Section 72 of the Criminal Justice Act for participating or contributing to the murder of Kirwan. The court will consider a media application regarding a party named only as AB in evidence. The trial is ongoing.

2024-01-15 · Dublin

Man goes on trial accused of helping gang murder Noel 'Duck Egg' Kirwan

Michael Crotty, 41, of Aras na Rí, Cashel, Co. Tipperary, pleaded not guilty to a single charge of facilitating a criminal organisation in the murder of Noel 'Duck Egg' Kirwan, 62, who was shot six times in his car on 22 December 2016 at St Ronan's Drive, Clondalkin, Dublin 22. The charge alleges that between 20 October 2016 and 22 December 2016, Crotty participated in or contributed to the commission of the murder while aware of the existence of a criminal organisation, contrary to Section 72 of the Criminal Justice Act. The trial, scheduled to last up to five weeks, will commence at the Special Criminal Court on Wednesday. Crotty's co‑accused, Declan Brady, 57, a senior Kinahan cartel member, pleaded guilty to the same charge and will also appear on Wednesday for sentencing. Brady was previously sentenced to 11.5 years in prison, with the final year suspended, for firearms offences and money‑laundering.

2024-01-12 · Tipperary

Challenge to credibility of report citing historic house as fire hazard

In a High Court case in Co. Tipperary, Mr. Joshua Wilson, owner of Marlfield House, seeks an injunction to remove trespassers from his historic Palladian mansion. Wilson argues the property is a fire‑safety hazard and must be vacated for renovation. He has presented a consultant's report claiming the building is unsafe, but the report's credibility is challenged by defendants Stephen Ghizdavu and Patrick Fogarty, who claim valid tenancy agreements. Mr. Ghizdavu's barrister, John Madden, disputes the safety allegations, and a sworn statement suggests the report's author may be the same person previously convicted for misrepresenting himself as an architect and building surveyor. Judge Brian Cregan adjourned the matter to later this month, ordering a timetable for document exchange and considering involving Tipperary County Council for a new fire‑safety inspection. Wilson, who bought the house in October 2023, maintains that no valid tenancy could exist under the 2007 mortgage clause and has never accepted rent from the occupants.

2024-01-12 · Dublin

Senior Kinahan Cartel member admits to helping in 'Duck Egg' Kirwan murder

In a Special Criminal Court hearing on 12 January 2024, Declan 'Mr Nobody' Brady, aged 56, pleaded guilty to a single charge of aiding the Kinahan cartel in the murder of Noel 'Duck Egg' Kirwan, an innocent man shot six times on 22 December 2016. Brady admitted that between 20 October and 22 December 2016 he participated in or facilitated the commission of the murder while aware of the cartel's existence. He will appear again next Wednesday for a sentencing hearing. Brady's co‑accused, Michael Crotty, 40, was due to trial but the case was adjourned to Monday morning to allow him to consult his lawyers. Brady has previously pleaded guilty in 2019 to supervising a firearms arsenal and in 2021 to laundering over €400,000 in crime cash, receiving 11.5 years with the final year suspended. The court noted that Kirwan's murder was "disturbing" as it appeared to be a targeted killing with no criminal motive.

2024-01-11 · Wexford

Builder's tea not to blame for crocked laptop, WRC told

Barry Cull, a former site manager at BHA Construction Ltd, claims that the company unlawfully docked €620 from his final pay for a laptop damaged by spilled tea and that he was not paid €750 for his last three days of work. He says the payroll administrator, Marie Murphy, never told him he would have to pay for the replacement and that no written agreement existed. Murphy, representing the company, maintains that Cull admitted the damage and agreed to the deduction, and that the laptop was company property. She also says the time‑keeping system recorded only two of Cull's three days, and that the company policy required employees to contact head office if clock‑in failed. The tribunal heard cross‑examination from both parties and will issue a decision in writing. The hearing was held at the Workplace Relations Commission.

2023-12-22 · Tipperary

Judge found guilty of attempted rape and sex assaults against students

In a Circuit Court trial, Gerard O'Brien, a former secondary school teacher and then Circuit Court judge, was found guilty of one count of attempted rape and eight counts of sexual assault against six male complainants, some of whom were his students. The alleged offences took place between March 1991 and November 1997 in Leinster, when O'Brien was in his 30s and the complainants were aged 17 to 24. Evidence included accounts of O'Brien skipping classes to drink with students, inviting them to his home, and engaging in non‑consensual sexual acts while they were asleep or under the influence of alcohol. The jury deliberated for seven hours and thirty‑four minutes before delivering the verdicts. O'Brien, who has a rare birth defect, was remanded on continuing bail until sentencing on 4 March 2023. The judge thanked the jurors and noted O'Brien would be automatically added to the sex offenders register. Gerard O'Brien pleaded not guilty.

2023-12-19 · Tipperary

Marlfield House owner claims alleged trespassers holding up restoration

Joshua Wilson, owner of Marlfield House near Clonmel, sued in the High Court to stop about ten alleged trespassers from occupying the historic Palladian house and its 33 acres. Wilson says the defendants, who claim valid tenancies, are blocking renovation work and causing damage by littering, blocking drains and damaging the roof. He purchased the property in October after receivership and has been unable to access parts of the house for repairs, including a collapsed ceiling that he says poses a danger. Wilson alleges the house was divided into 14 units and eight chalets were built without planning permission, and that no valid tenancy agreements exist under the 2007 mortgage clause. The court, hearing the case on Tuesday, granted Wilson permission to serve short‑notice injunction papers and adjourned the matter to January, allowing an earlier return if needed.

2023-12-05 · Tipperary

Malawian woman refused housing assistance loses discrimination claim

In a complaint under the Equal Status Act 2000, 64‑year‑old Elube Kapengule alleged that Tipperary County Council staff refused her emergency accommodation because of her race. She said she was laughed at, ridiculed and told to "go back to Malawi" when she sought housing on 9 December 2022. The council denied any racial discrimination, claiming she was ineligible for social housing due to less than five years of reckonable residency and that no staff laughed at her. Kapengule was directed to short‑term emergency accommodation under the Cold Weather Initiative and later to a Garda station where her immigration status was checked. She eventually left the council's office, slept outside, and sought help from the charity Doras Luimní. The Workplace Relations Commission found no evidence that her race was a factor and rejected her complaint.

2023-11-27 · Dublin

Eight years for man (56) who raped 'vulnerable and intoxicated' student

Dermott Brett, 56, was found guilty of raping a 20‑year‑old university student in a Dublin hotel on 11 January 2019. The victim, described as vulnerable and intoxicated, was taken from a pub to Brett's hotel room where she was raped and offered cocaine. CCTV footage showed Brett's arrival, the victim's drunken state, and the taxi incidents. Brett pleaded not guilty but was convicted in May 2023 and maintains his innocence. He has one prior traffic conviction. Ms Justice Eileen Creedon sentenced him to nine years' imprisonment, suspending the final year on strict conditions, including probation and a sex‑offender treatment programme. He was placed on the sex‑offender register. The victim suffered PTSD and academic disruption, and her impact statement highlighted profound loss of independence and trust.

2023-11-03 · Tipperary

Judge refuses council enforcement order on site of Traveller-specific housing

In a High Court decision on 3 November 2023, Justice Siobhan Phelan refused to enforce a 2013 order that would have required members of the O'Reilly family to remove unauthorised mobile homes, caravans and animals from the Railway Cottages site in Powerstown, Clonmel. The judge held that the order did not provide a proportional interference with the families' rights and that it failed to safeguard against removal from a site where a patently unsuitable accommodation offer had been made. She noted that the council had not attempted to provide traveller‑specific accommodation and that keeping animals is integral to Traveller identity. The judge acknowledged that the council had carried out significant works since 2013, including sanitation improvements and removal of 31 unauthorised structures, but found that the 2021 claim of overcrowding and new animals was insufficient to justify enforcement. The case will be heard again at a later date.

2023-11-03 · Tipperary

Cross-examination of abuse complainants cannot 'pry unnecessarily' into their personal lives, Court of Appeal finds

The Court of Appeal has dismissed an appeal by Graham Daly, a teacher from Clonree, Newport, Co Tipperary, who was found guilty by a jury of seven counts of raping and sexually abusing his younger brother between January 1998 and December 2002. Daly, who was jailed for eight and a half years in January 2022, argued that the trial judge erred in restricting his cross-examination of the complainant regarding sexual history and in admitting evidence from a cousin, Mr C. The complainant, Thomas Daly, waived anonymity to allow his brother to be named. In its decision, the Court of Appeal, led by Mr Justice John Edwards, affirmed that while accused persons have fair trial rights, complainants also possess rights to privacy regarding their sexuality. The court ruled that cross-examination cannot be used to "pry unnecessarily" into a complainant's personal life. Regarding the second ground of appeal, the court found no unfairness in admitting Mr C's statements, which included allegations that Daly asked how much it would cost to hurt the complainant or his father. The judges determined these were admissible declarations against interest and directly relevant. The appeal was dismissed, upholding the original conviction and sentence.

2023-11-03 · Ireland

First group accused of anti-competition offences in school bus services get trial date

The Central Criminal Court has fixed a trial date for the first group of five defendants accused of anti-competition offences in the provision of school bus services. Mr Justice Paul McDermott, acting on an application by the Director of Public Prosecutions, set January 27, 2025, as the start date for this trial, which is estimated to last five weeks. The case will be managed by Mr Justice David Keane. The remaining eight defendants, including three companies, will also be managed by Mr Justice Keane, but no trial date has yet been assigned for this second group. The 13 accused, comprising individuals and entities such as Larry Hickey, Noel Browne, Frances Collison, Andrew Walsh, Margaret Callanan, Edward Callanan, Raymond Heney, Anthony Flynn, Elaine Glasheen, and Malachy Collison, are alleged to have entered into or authorized agreements between January 1, 2014, and December 31, 2016. These alleged agreements purported to prevent, restrict, or distort competition in trade regarding school bus services in the State. The charges are brought under sections 4(1), 6(1), 8(1), and 8(6) of the Competition Act 2002. The prosecution, acting at the behest of the Competition and Consumer Protection Commission, previously sought to split the trial into two batches due to practical difficulties, a request the court acceded to. The matter remains at the pre-trial stage, with the first group's trial scheduled for 2025.

2023-10-31 · Tipperary

Suspended sentence for man (40) who cut off au pair's underwear during sex assault was too lenient, court finds at it sends him to jail

The Court of Appeal has quashed the fully suspended sentence imposed on Brian Haig, finding it unduly lenient. Haig, a 40-year-old from Roscrea, County Tipperary, pleaded guilty to one count of sexual assault committed on March 10, 2019. The original sentencing judge, Cormac Quinn, had imposed an 18-month suspended sentence at Tipperary Circuit Court in January 2023. The DPP appealed, arguing the headline sentence of two and a half years was too low given aggravating factors, including that the victim was asleep and her clothing was cut off with a sharp blade. The three-judge panel, led by Ms Justice Isobel Kennedy, agreed the offending fell within the mid-range of gravity and displayed premeditation. Consequently, the court set a fresh headline sentence of five years, reduced to three and a half years in prison. The final 12 months of this term are suspended for a period of two years. Haig's counsel had argued for leniency based on his guilty plea, a letter of apology, and a probation report noting a difficult background, but the court determined the custody threshold should have been crossed.

2023-10-23 · Tipperary

Female social worker jailed for defiling boy (16) in care of State bids to overturn conviction

A 44‑year‑old social worker, whose name is withheld to protect the victim, was jailed for four years, with the final two years suspended, for sexually defiling a 16‑year‑old boy in her care at a midlands school. The offence occurred between 1 April and 15 May 2016 when the boy was at her home. She pleaded not guilty but was convicted by a jury after an 11‑day trial. She has appealed the conviction, arguing that Facebook messages exchanged with the boy, which were used as evidence, were obtained under the wrong section of the 2008 Ireland/US Mutual Assistance Treaty. The appeal contends that the request for the messages was made by the Director of Public Prosecutions rather than the Central Authority, and that the certificate of authenticity for the material was flawed. The Court of Appeal has reserved its judgment on the matter.

2023-07-31 · Tipperary

'Very unsettling': Traveller family bring case over 'wretched' living conditions

In a High Court hearing on 31 July 2023, Justice Marguerite Bolger described the living conditions of the McInerney family—six members of the Irish Traveller Community—as "wretched" and "very unsettling." The family, who had been living in a one‑berth caravan and sleeping in a car for several months, had been moved from roadside accommodation in Toomevara to the Springfort Retail Park in Nenagh, only to be told by Garda Síochána to vacate that site as well. Between April and mid‑July they mainly slept in a car, with brief periods in emergency accommodation before receiving a caravan in mid‑July. The family claims that since May they have been denied hotel accommodation and have received only €100 per night toward B&B costs, which they say is insufficient.

2023-07-28 · Louth

Pregnant garda marked down in interview is awarded €10k

In August 2020 a pregnant Garda, Siobhán McCoy, was marked down in a detective‑post interview, receiving 70 % versus 81 % in a 2019 competition. The Workplace Relations Commission found the interview process flawed, favouring "performance" over competency answers and allowing potential manipulation of marks. The panel, lacking an independent member, consisted of a superintendent and an inspector. McCoy's representatives argued the difference in assessment was due to her pregnancy, not intent to discriminate. The adjudicating officer noted the panel's subjective judgments and the absence of an independent member as concerns. The commission upheld McCoy's gender‑based discrimination claim and ordered the force to pay €10,000 in compensation. The decision highlighted the flawed process and the risk of unconscious bias in the interview.

2023-07-24 · Dublin

Five who were misled over assault apologise and offer €26k in compensation

Five men were sentenced to suspended prison terms for a violent assault on three friends in Dublin. The men—Vasilii Birca (32), Ion Mustesta (19), Gheorge Onila (32), Nicanor Ionas (29) and Ion Soponari (24)—had believed they were helping a friend who had been misled into thinking he was the victim of an assault. They pleaded guilty to one count each of affray on Golden Lane on 3 April 2022. All had no prior convictions. The court heard they offered €26,000 in compensation and sincere apologies to the injured parties, and that probation reports placed them at low risk of reoffending. Judge Pauline Codd imposed headline sentences of two and a half years for each, suspended in full for 18 months (Birca, Onila, Ionas), 12 months (Musteata), and 16 months (Soponari). The men were ordered to keep the peace and behave well during the suspension period. The sixth man involved remains before the courts.

2023-07-21 · Cork

Killer who repeatedly dropped couch on defenceless victim's head gets 13 years

Andrew Nash, 43, was sentenced to 14 years in prison, with the final 12 months suspended for two years, after pleading guilty to manslaughter for the death of John Ustic, 51, on 24 or 25 September 2023 in Skibbereen. Nash, a father of five, had repeatedly dropped a couch on Ustic's head during a "vicious and sustained" assault, causing blunt‑force trauma to the head, chest and neck. The victim was reportedly in a comatose state and heavily intoxicated, which limited his ability to defend himself. Nash apologized to Ustic's family, the court, gardai and ambulance crew, expressing deep shame and remorse. The judge noted Nash's efforts to address alcoholism and his desire to work and be a better family person upon release. The sentence reflects the high culpability and violence of the attack.

2023-07-21 · Dublin

Gardai commended for 'fast action' in imitation firearm scare

In a Circuit Court hearing on 21 July 2023, a 52‑year‑old man, David Mullen, pleaded guilty to possession of an imitation firearm after brandishing a 6mm green gas‑operated air pistol that resembled a Glock in a residential estate on a summer evening. Gardaí responded at 9 pm, evacuated the surrounding houses, and requested armed assistance. Mullen, intoxicated with whiskey and Valium, was arrested within ten minutes of the gardaí's arrival. The air pistol was seized and sent to the Ballistic Technical Bureau. Judge Martina Baxter sentenced Mullen to 15 months in prison, suspended in full for 15 months under strict conditions, and ordered him to remain under probation supervision for one year, with random urine analysis and addiction counselling. The judge highlighted Mullen's remorse, his role as his mother's carer, and the aggravating factors of the weapon's appearance and the public setting. The court commended the gardaí for their swift and careful action.

2023-07-11 · Limerick

Gunman who fired shots into cousin's home as infants slept fails in appeal

Larry O'Connor has failed in his appeal against his conviction for shooting at his cousin's house. The 40-year-old, of Ballykisteen, County Tipperary, was convicted by a jury on all six counts, including recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary, and criminal damage, after pleading not guilty. He was sentenced to 12 years' imprisonment in May 2022. O'Connor appealed on the ground that the trial judge erred in permitting prejudicial background evidence regarding a supposed feud. The Court of Appeal, led by Mr Justice George Birmingham, dismissed the application, stating the court was not persuaded the trial was unsatisfactory or the verdict unsafe. The court noted that motive is circumstantial evidence for the jury to weigh, especially where witnesses were well acquainted with the accused. During the incident in July 2019, O'Connor fired four shots into the home of his cousin, Danny Harty, where Harty, his partner, and infant twins were sleeping. His brother, Daniel O'Connor, of Limerick, who drove him to the scene, pleaded guilty to burglary with intent to commit reckless discharge of a firearm. Daniel O'Connor was jailed for seven years, with the final year suspended. The matter was not adjourned; the appeal was dismissed.

2023-07-10 · Dublin

Retired Christian Brother jailed for abusing pupil

Paul Hendrick, aged 75, pleaded guilty to 11 counts of indecent assault on Kenneth Grace between 1980 and 1984 while serving as second‑in‑command and later principal at CBS Westland Row. The abuse began when Grace was 13 and involved repeated physical and sexual misconduct in various school locations, including the furnace room, reception room, and during school trips. Grace was isolated, subjected to verbal abuse, and forced to perform chores. He reported the abuse in 2018, describing lifelong trauma, PTSD, and loss of self‑esteem. Judge Pauline Codd, hearing the case in May, praised Grace's courage and granted a four‑year sentence to Hendrick, suspending the final six months on the condition of continued treatment under probation supervision. Hendrick will be placed on the sex offenders register. The case highlights the enduring impact of historical sexual abuse on survivors.

2023-07-07 · Ireland

School bus anti-competition case may be split into two trials

The Central Criminal Court has heard that the trial of ten individuals and three companies accused of anti-competition offences regarding school bus services may be split into two separate proceedings. Counsel for the Director of Public Prosecutions, Ms Tessa White BL, informed Mr Justice Paul McDermott that trying all 13 accused together posed practical difficulties. She applied to divide the cases into two batches, with the first indictment covering five accused and the second covering the remainder. The DPP alleged that the defendants, including Larry Hickey, Noel Browne, Frances Collison, Andrew Walsh, Margaret Callanan, Edward Callanan, Raymond Heney, Anthony Flynn, Elaine Glasheen, and Malachy Collison, entered into or authorized agreements that prevented, restricted, or distorted competition in the provision of school bus services between January 2014 and December 2016. These alleged offences are contrary to the Competition Act 2002. Defence counsel noted they had only recently received the proposal, with one stating he had no instructions on their attitude. Mr Justice McDermott adjourned the matter to the next list on July 26 to fix dates for the first trial, estimated to last four to five weeks, noting the second trial could be scheduled later. The cases were taken forward by the DPP at the behest of the Competition and Consumer Protection Commission following a 2016 investigation.

2023-06-15 · Dublin

Deported Polish man returned here illegally, violently attacked bus passengers

In a Dublin Circuit Criminal Court hearing on 15 June 2023, Jaroslow Kilian, a 39‑year‑old Polish national with 27 prior convictions in Ireland, was sentenced to two years' imprisonment for violently attacking five bus passengers on the C4 route from Dublin to Celbridge. Kilian, who had been deported in December 2021 and illegally returned to Ireland in February 2022, was found intoxicated and suffering from schizophrenia. He slapped, punched and kicked passengers, causing concussions to two men and lasting PTSD to a woman who was punched full‑force in the face. Kilian also threatened Gardaí who arrived to arrest him. He pleaded guilty to two counts of assault causing harm and one count of assault, with three further counts considered. The court set a headline sentence of three years, reduced to two years on mitigating factors, and backdated it to 27 August 2022 when he was taken into custody.

2023-06-09 · Tipperary

Boy starting abusing neighbour (4) when he was 13, court hears

A 37‑year‑old Tipperary man pleaded guilty in the Central Criminal Court to oral rape and sexual assault of a four‑year‑old neighbour between 1999 and 2002. He was 13 when the abuse began and was 17 at its end. The victim, now 28, described how the abuse ruined his childhood, education and relationships, causing depression, anxiety, nightmares and paranoia. He said he had struggled to disclose the abuse and feared for future children. Justice Mary Ellen Ring praised his courage and noted the victim's emotional and physical suffering and the breach of family trust. The court adjourned the case to the following Friday, remanded the accused in custody, and noted that the offender had no prior convictions and was a minor at the time of the offences. The prosecution suggested a 10‑15‑year sentence, but the defence highlighted the guilty plea and the statutory discount for a minor offender. The case remains pending.

2023-05-25 · Tipperary

Violent, sadistic rapist who claimed use of screen to separate him from victim was 'prejudicial' loses appeal

A 57‑year‑old man, whose name is withheld to protect his wife, was convicted of 16 counts of anal rape of his then‑wife between 2003 and 2007 and of eight counts of indecent assault and three counts of rape of his younger sister between 1978 and 1987. He was sentenced to 13 years' imprisonment, with seven years for the sister offences and six years for the wife offences, to run consecutively with no portion suspended. The appeal argued that the use of a screen separating the witness from the court was prejudicial and that certain background evidence should not have been admitted. The Court of Appeal dismissed the appeal, holding that the judge had considered the need to protect the complainant from secondary victimisation and that the evidence was relevant and necessary to illustrate the depth of violence in the relationship. The judge found no error in admitting the background evidence or in allowing the screen.

2023-05-24 · Dublin

'Long fall from grace' for Christian Brother who repeatedly abused boy, making his life 'a living hell'

Paul Hendrick, a retired school principal and former Christian Brother, pleaded guilty to 11 counts of indecent assault on Kenneth Grace between 1980 and 1984. The abuse began when Grace was 13, a first‑year student at CBS Westland Row, and continued as he aged, involving repeated sexual and physical misconduct in various school locations, including the furnace room, a reception room at the priest's residence, and during camping trips in Waterford and Tipperary. Grace recalled being forced into wrestling, being restrained, and experiencing sexual contact while in his underwear. He was isolated from classmates and subjected to verbal abuse. Grace's victim impact statement described lasting mental health effects, including depression, anxiety and PTSD. Hendrick, who had no prior convictions, was remanded on bail pending a final hearing scheduled for July 10. The case highlights the prolonged nature of the abuse and its enduring impact on the victim.

2023-05-08 · Tipperary

Garda HR director fails in appeal bid over injunction preventing his dismissal from role

The Court of Appeal has dismissed an appeal by John Barrett, the suspended Garda Siochana HR director, who sought an injunction to prevent the Minister for Justice from terminating his employment. The three-judge panel, comprising Ms Justice Una Nic Raifertaigh, Mr Justice Seamus Noonan, and Mr Justice Donald Binchy, upheld the High Court's refusal to grant the injunction, citing a significant delay by Mr Barrett in seeking the remedy. Although Mr Barrett commenced proceedings in June 2020, he did not apply for the injunction until December 2020. The court noted that Commissioner Drew Harris no longer holds trust or confidence in Mr Barrett. Mr Barrett claims he was wrongfully suspended in 2018 following protected disclosures to the Dail Public Accounts Committee and the Disclosures Tribunal regarding financial irregularities at the Garda College in Templemore and the treatment of whistleblower Maurice McCabe. He denies any wrongdoing and alleges the disciplinary process is flawed. While the Court of Appeal disagreed with certain High Court findings regarding whether specific communications constituted protective disclosures under the 2014 Act, it determined this was insufficient to overturn the decision. The main action against the Minister and the Commissioner remains pending, with efforts underway to bring the case to trial.

2023-05-03 · Dublin

Stardust victim identifiable only by monogrammed belt, inquest hears

The inquest into the 1981 Stardust Ballroom fire, which killed 48 people, heard that a father suffered fast‑onset dementia after the unresolved grief of not seeing his son's body, which could only be identified by a monogrammed belt. The fire began in the early hours of 14 February 1981 at the Stardust premises in Artane. Portraits of the victims are being presented to the Dublin District Coroner's Court. Patricia Dunne gave a detailed portrait of her late brother Brian Hobbs, who had studied at Rockwell Hotel and Catering College, worked in Zurich, and returned home with a leather belt bearing the initial 'B'. Brian was identified at the morgue by the belt. Patricia's father was diagnosed with dementia after Brian's death. The inquest also heard a portrait of 24‑year‑old Eugene 'Hughie' Hogan, who died in the fire; he was identified by his belt and tattoo.

2023-04-25 · Dublin

Alleged school bus contract rigging case to last three months, court hears

The Central Criminal Court will hear a case involving ten individuals and three companies accused of anti‑competition offences in the provision of school bus services in the State. The prosecution alleges that between 1 January 2014 and 31 December 2016 the accused entered into or authorised agreements that prevented, restricted or distorted competition in the trade of school bus services. The charges are under sections 4, 6, 8 and 8(6) of the Competition Act 2002 and were brought by the Director of Public Prosecutions on behalf of the Competition and Consumer Protection Commission following a 2016 investigation. Ms Tessa White BL presented the case to Mr Justice Paul McDermott, who adjourned the matter to 9 June to review progress and consider pre‑trial applications. The trial is expected to last 12 weeks and will be heard as a single trial with all parties together.

2023-04-24 · Tipperary

High court grants orders over occupation of historic protected house

In a High Court hearing, Chartered Accountant Ken Fennell, acting as receiver for the financial fund Promontoria (Aran) Limited, obtained orders to compel unknown occupants of four caravans to vacate Knocklofty House, a protected 18th‑century building outside Clonmel. The receiver claimed that the occupants had established an unsightly makeshift camp, grazing up to 20 ponies and leaving significant debris, including bricks, wooden planks, racing traps and children's toys, which he said posed danger to humans and animals. The court noted that the occupants had been served with legal documents and were fully aware of the proceedings, yet no representation was made on their behalf. With no opposition, the judge granted the injunction, allowing the receiver to pursue sale of the property. Fennell also alleged extensive interior damage to the house, though he could not identify the perpetrators or timing of the damage.