Court archive

Court reports mentioning Tipperary Town, Tipperary

2016-01-11 · Tipperary

Potential juror has panic attack during Anglo trial selection

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.

2015-06-26 · Tipperary

Man jailed for his role in robbery of over 40 firearms has sentence cut by two years on appeal

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.

2015-06-08 · Tipperary

Former Anglo Irish Bank executive granted legal aid for trials

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.

2015-04-20 · Tipperary

Man who pleaded guilty to firearms theft appeals conviction

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.

2015-02-06 · Tipperary

Burglar who made off with man's life savings has sentence reduced

Martin Reilly, 27, of Father Matthew Court, Tipperary Town, was convicted of burglary at a private home on Cashel Road, Clonmel, on 27 June 2011. He was found guilty by a jury at Clonmel Circuit Criminal Court and originally sentenced to eight years' imprisonment, with the final two years suspended. In the Court of Appeal, Reilly's conviction was upheld but his sentence was reduced by two years. The Court, led by Mr Justice George Birmingham, noted that the victim was a restaurateur who discovered his house "upended" and his life savings of €35,000 had been taken. Gardaí recovered the money after Reilly fled, dropping the bag into nettles. The Court considered Reilly's prior convictions and, after reviewing the case, imposed a new sentence of six years' imprisonment, with the final two years suspended. The appeal was heard by Mr Justice Birmingham, Mr Justice Seán Ryan and Mr Justice Garrett Sheehan. Martin Reilly pleaded not guilty.

2014-11-24 · Dublin

Enlarged jury panel required for trial of former Anglo & Irish Life executives

The State has requested an enlarged jury panel for the trial of former Anglo Irish Bank executive William McAteer, aged 63, and three co‑accused. The men are charged with conspiring to mislead investors about the bank's deposit books by transferring €7.2 billion to inflate the bank's value between March and September 2008. McAteer, John Bowe (50), Denis Casey (54) and Peter Fitzpatrick (61) also face separate charges of falsifying accounts under section 10 of the Theft and Fraud Act. The case was listed for mention before Judge Mary Ellen Ring on 24 November 2014 to monitor disclosure progress. Counsel for the prosecution, Diana Stuart BL, noted that the first stage of disclosure was almost complete and requested a new mention date to allow continued monitoring. The prosecution also applied for an enlarged jury panel, and the defence teams agreed with the submission.

2014-11-10 · Tipperary

Man who attacked army veteran with sword fails in appeal

In a 2014 appeal, Liam McCarthy, aged 30, failed to overturn a nine‑year sentence for assaulting army veteran Martin Butler, aged 51, with an ornamental sword. The attack, described as savage, left Butler with brain damage, partial paralysis, and permanent communication difficulties. McCarthy had previously served a suspended sentence for assault and was under its terms when he struck Butler from behind, striking the left side of his head and causing a penetrating brain injury. McCarthy pleaded guilty to assault causing serious harm, producing an offensive weapon, and violent disorder. The Court of Appeal dismissed his appeal, noting that any provocation or self‑defence was grossly excessive and that the nine‑year sentence was appropriate for the severity of the assault. The judge also observed that the earlier suspended sentence had not deterred the offence. The appeal was dismissed.

2014-10-28 · Dublin

Quinn family granted transcript of Anglo trial

A judge ordered that the Quinn family receive transcripts of the criminal trial of former Anglo Irish Bank executives after the bankers' lawyers withdrew objections. The transcripts were requested by the Quinn family, who had previously been described by Pat Whelan's lawyers as a "fishing expedition." Whelan (52) and William McAteer (63) were convicted in April of breaching the Companies Act by illegally lending money to the Maple Ten investors to support Anglo's share price. They were found guilty on ten charges each and sentenced to 240 hours of community service, while being acquitted on six further charges each involving loans to Quinn's family. The trial recorded €450 million loaned to Maple Ten and €160 million to Quinn's wife and five children. Michael Staines, solicitor for Whelan and McAteer, agreed to release the transcripts on the condition they be used only for civil proceedings by the Quinn family.

2014-07-21 · Tipperary

Reserved judgement in appeal brought by man who murdered his best friend while he slept

In 2009, John Paul Buck, aged 34, was sentenced to life imprisonment by Mr Justice George Birmingham after a Central Criminal Court jury found him guilty of fatally stabbing 30‑year‑old Fergus Roche in a vacant house on 1 October 2005. The jury also convicted Buck of arson, for which a concurrent five‑year sentence was imposed. The post‑mortem revealed Roche died from a single chest wound before the fire, indicating he was stabbed while asleep. Buck denied involvement, but Detective Garda Larry Bergin testified that Buck confessed to the murder in August 2006 during a patrol‑car interview, describing Roche as his "best friend". The appeal, presented by Mr Michael Delaney SC, argued that the confession was improperly admitted, that the search of Buck's home was inadmissible, and that media coverage of an alleged escape attempt by Buck's brother had prejudiced the jury. The Court of Criminal Appeal reserved judgement on the appeal.

2014-05-23 · Tipperary

Bid to have historic courthouse reopened is dismissed

In May 2014 the High Court dismissed a legal action by Tipperary Town solicitors who sought to have the historic courthouse on St Michael Street reopened for public use. The lawyers argued that the Courts Service, under the Court Services Act 1998, had a statutory duty to maintain and provide the courthouse, which had been closed in 2010 after falling into disrepair and a ceiling collapse. They requested declarations that the state's failure to provide an adequate courthouse breached the rights of the public, court staff, the judiciary and the legal profession. The Courts Service denied any failure, noting it had sought funding for repairs and provided alternative venues such as the Excel Heritage Centre for district court sittings and Clonmel for circuit court sittings.

2014-05-12 · Tipperary

Alleged confession should not have been admitted at trial, appeal court hears

In 2009, John Paul Buck, aged 34, was sentenced to life imprisonment by Mr Justice George Birmingham after a Central Criminal Court jury found him guilty of fatally stabbing 30‑year‑old Fergus Roche in a vacant house on 1 October 2005. Buck also set fire to the house and received a concurrent five‑year arson sentence. The appeal court heard that an alleged confession by Buck to Detective Garda Larry Bergin in August 2006 was admitted as evidence. Buck denied the confession, but the detective claimed Buck admitted stabbing Roche while he slept, describing Roche as his "best friend". The appeal argued the confession was improperly admitted, citing late cautioning, the lack of tape, and the influence of media coverage on the jury's deliberations. The court postponed further hearing to the next two to three weeks. Buck had seven prior convictions, including arson, robbery, and burglary.

2014-03-26 · Tipperary

High Court action over historic courthouse

In March 2014 the High Court was set to decide an action brought by solicitors from Tipperary Town against the Courts Service. The lawyers argued that the Courts Service has a statutory duty under the Court Services Act 1998 to maintain and make available the historic courthouse on St Michael Street, a listed building that closed in 2010 after falling into disrepair. The building's ceiling had collapsed and, since its closure, district court sittings have been held at the Excel Heritage Centre and circuit court sittings in Clonmel, some 25 miles away. The solicitors claimed the closure caused hardship and that the Courts Service had failed to repair the courthouse despite earlier agreements to do so. The Courts Service denied any breach of duty, stating it had sought funding but was constrained by budget cuts. Judgment was reserved and was to be delivered the following month. The courthouse, which once housed a prison, has a long history of notable trials.