Court archive
Court reports mentioning Dunmore East, Waterford
2025-12-03 · Waterford
Media coverage of challenges in securing a psychiatrist for the trial of Ruth Purcell Healy, accused of murdering her six-year-old son, led an Australian-based psychiatrist to offer his services, a barrister told the court. The prosecution had struggled to find a forensic psychiatrist in Ireland to assess the accused, but the overseas professional came forward after reading about the difficulties. The psychiatrist will conduct an initial assessment via video-link and is expected to complete a full evaluation by Easter, with a report by the end of May. The case has highlighted the lack of a reliable system for psychiatric assessments in Ireland, with no legal obligation for HSE-employed psychiatrists to provide such services. The judge expressed frustration with the delays and hopes for a more structured approach. The trial is expected to proceed with a possible date in June or July.
2025-11-19 · Waterford
A senior judge at the Central Criminal Court expressed frustration over the State's inability to provide psychiatric assessments for criminal trials, calling it 'completely unacceptable.' The judge, Mr Justice Paul McDermott, highlighted the challenges faced by a father who has attended court over 13 times due to delays in securing a forensic psychiatrist to assess his wife, Ruth Purcell Healy, who is charged with the murder of their six-year-old son. The judge emphasized the importance of psychiatric evaluations in ensuring fair trials and expressed sympathy for the father's ongoing ordeal. Despite efforts by the prosecution to obtain a psychiatric report, the HSE-employed psychiatrists are not legally obligated to provide assessments for criminal cases, leading to significant delays. The judge urged the executive to establish a reliable structure for psychiatric assessments to determine if mental conditions played a role in the alleged offense. The case has been listed for mention on December 3, with the judge noting serious deficiencies in obtaining forensic reports for accused persons over the past two years.
2025-01-23 · Waterford
Dean Kerrie, aged 23, withdrew his appeal against a manslaughter conviction after being found guilty of killing Jack Power, 25, during an intruder incident at Kerrie's home in Dunmore East, Waterford, on 26 July 2018. Kerrie had been tried twice for murder; the first jury could not reach a verdict, and the second jury convicted him of manslaughter. In the trial, Kerrie claimed he stabbed Power after the intruder attacked his mother, while Power's friend testified that Kerrie had a knife when Power was leaving the house. The judge noted uncertainty about the knife's provenance and imposed a four‑year, six‑month sentence, suspending the final year. Kerrie had pleaded not guilty to murder but accepted the manslaughter conviction and has now withdrawn his appeal at the Court of Appeal.
2025-01-15 · Waterford
In a January 2025 hearing at the Central Criminal Court, Mr Justice Paul McDermott highlighted that limited psychiatric services in Ireland are causing additional trauma to families, citing the case of Ruth Purcell Healy, 37, who is charged with the murder of her six‑year‑old son Matthew. The judge noted that Healy's lawyers have spent months attempting to secure a psychiatrist's assessment, but have been unsuccessful due to shortages and delays. He described the case as "very sensitive" and stressed that prolonged waiting for psychiatric reports exacerbates trauma. McDermott pointed out that psychiatrists at the Central Mental Hospital are often unavailable because of their workload, and that low fees offered by the Department of Justice deter them from taking on cases. Consequently, lawyers sometimes seek psychiatrists abroad, such as in the UK, to obtain the necessary reports. The judge's remarks underscore the systemic limitations in the state's psychiatric services for complex criminal cases.
2024-11-05 · Waterford
Cesar Fernandes Borges Filho, 34, was sentenced in Dublin Circuit Criminal Court after pleading guilty to seven counts of deception. The charges related to dishonestly inducing individuals to take out purported motor insurance policies at an unknown location in the State during 2019 and 2020. Judge Martin Nolan noted that Filho targeted members of the Brazilian community who were unfamiliar with the Irish insurance system, collecting approximately €12,500 for policies that were not valid. The judge stated that Filho had taken advantage of a situation, leaving trusting people at a loss. In passing sentence, Judge Nolan acknowledged excellent mitigation due to Filho's cooperation with gardaí and his guilty pleas, noting he was unlikely to reoffend. The court imposed a three-year prison sentence, suspending the final year on specific conditions. These conditions require that Filho's motorbike be sold and the proceeds divided among his victims to provide compensation. The matter was finalised with this sentencing order.
2024-10-21 · Waterford
In a re‑sentencing hearing, the Court of Appeal found that the Circuit Court had been misinformed about the maximum penalty for Lee Hutchinson, a 41‑year‑old former teacher from Coxtown West, Dunmore East, Waterford. Hutchinson had carried out a four‑year poison‑pen campaign against three Gardaí, sending anonymous handwritten letters with spurious allegations of misconduct, corruption and sexual impropriety to the officers, their families and superiors. The letters were forwarded to the Garda Síochána Ombudsman Commission, which deemed the claims unfounded. Hutchinson's original six‑year sentence, with the final year suspended, was quashed because the judge had been told the maximum was ten years instead of the correct seven. The Court of Appeal imposed a new sentence of seven years, with the final two years suspended, to be served consecutively for the three counts of harassment.
2022-10-26 · Waterford
Dean Kerrie, aged 21, was sentenced to four years and six months in prison for the manslaughter of Jack Power, who had intruded into Kerrie's home in Dunmore East on 26 July 2018. The judge, Mr Justice Paul McDermott, found that Kerrie was entitled to use force in defence of himself, his family and his home, but that the force used was "grossly" excessive because Power was unarmed. Kerrie was 17 at the time of the offence, showed genuine remorse, and did not instigate the violence. The sentence, back‑dated to 30 June, includes a final year suspended for two years. Kerrie has already spent time in custody and will be required to work with probation services and engage in anger and violence management after release.
2022-10-19 · Waterford
In a Central Criminal Court sentencing hearing, Loretta Power, mother of the 25‑year‑old victim, expressed that her son Jack Power's death has left her "tortured" and that the family endures a "life sentence" daily. Jack was stabbed to death on 26 July 2018 after breaking into Dean Kerrie's home in Dunmore East, Waterford. Kerrie, 21, was tried twice for the murder; the first trial ended with a jury verdict of manslaughter, the second with a conviction for manslaughter. The prosecution described a scuffle in the bedroom, with Kerrie allegedly stabbing Jack once in the chest after Jack had attacked Kerrie's mother. Kerrie's defence argued the act was a single defensive movement. The court has adjourned sentencing to 26 October 2022, with the possibility of a suspended portion of the sentence pending probation conditions. The maximum sentence for manslaughter is life imprisonment.
2022-07-13 · Waterford
The trial of 17‑year‑old Dean Kerrie centred on the death of fisherman Jack Power, who was stabbed in the chest with a kitchen knife during a night of violence at Kerrie's home in Dunmore East. Garda evidence showed broken windows, blood‑stained furniture and a knife heavily stained with Power's blood. Kerrie claimed he was defending himself after Power entered as a trespasser, while witnesses such as Christopher Lee denied that Power had forced entry and alleged Kerrie deliberately killed him. The prosecution argued that a large knife wound implied intent to cause serious injury. The judge explained the jury's options: acquittal for lawful self‑defence, manslaughter for excessive but honest force, or murder if the accused knew the force was excessive. After two days of deliberation, the jury found Kerrie guilty of manslaughter. The verdict was based on the evidence that Kerrie used force he believed necessary, but that the force was excessive.
2022-07-13 · Waterford
Dean Kerrie, aged 21, was acquitted of murder but found guilty of manslaughter after a retrial at the Central Criminal Court. The case involved the death of 25‑year‑old Jack Power, who had smashed the front window of Kerrie's home and entered after 3 am. Kerrie claimed Power attacked him and his mother, and that he stabbed Power with a kitchen knife in self‑defence. The jury, consisting of seven women and four men, deliberated for just under six hours before reaching a unanimous verdict. Judge Paul McDermott remanded Kerrie into custody pending sentencing on 19 October, ordered a probation report and a victim impact statement, and refused to allow him to remain on bail. The trial was the second for Kerrie on the same offence, following an earlier hung jury. The evidence presented included conflicting witness accounts of the events inside the house and the circumstances of the stabbing. Dean Kerrie pleaded not guilty.
2022-07-12 · Waterford
In a Central Criminal Court murder trial, the jury must decide whether 17‑year‑old Dean Kerrie used reasonable force when fisherman Jack Power entered his home. Judge Paul McDermott explained three possible verdicts: acquittal if Kerrie's force was objectively reasonable, manslaughter if he believed the force necessary but used excessive force, and murder if he knew the force was excessive. Evidence includes a 999 call from Kerrie at 3:44 am, eyewitness accounts, and Kerrie's own statements to Gardaí. The case centers on Power's alleged entry after a night of drinking, a broken window, and a single stab wound to Power's chest. Kerrie, aged 20 at trial, pleaded not guilty to murdering 25‑year‑old Power, who died at Shanakiel, Dunmore East. The jury began deliberations on the day of the hearing.
2022-07-11 · Laois
In the trial of 21‑year‑old Dean Kerrie, who was 17 when the incident occurred, the court heard closing speeches from both the prosecution and defence. Kerrie, of St Brigid's Square, Portarlington, denies murdering 25‑year‑old Jack Power, who was stabbed at Shanakiel, Dunmore East, on 26 July 2018. The defence argues that Kerrie acted in self‑defence after Power allegedly forced his way into the Kerrie home following a rock thrown at their window. Witness testimony includes a 999 call by Kerrie at 3.44 am, stating that Power entered the front door and tried to hit him, and that Kerrie stabbed him with a kitchen knife without intent to kill. Christopher Lee, a friend of Power, denies that Power forced entry and claims Kerrie deliberately killed him. The court heard that Power died from a 13 cm stab wound that penetrated his heart, causing massive blood loss. Dean Kerrie pleaded not guilty.
2022-07-08 · Waterford
An eye witness, Dylan Jones, told a jury that a drunk fisherman, Dean Kerrie, entered the home of a teenager, now on trial for murder, and began choking him while saying, "I'm going to kill you." Jones also said the prosecution's claim that Jack Power was leaving the house when Kerrie stabbed him was false. Kerrie, aged 20, pleaded not guilty to the murder of 25‑year‑old Jack Power, who was 17 at the time of the death. Jones described the night of the stabbing, noting that Power appeared drunk, pushed him against a wall, and that Kerrie later stabbed him. He denied that Power had pushed the door in or that a knife was seen until after the stabbing. The trial continues with further witnesses to be called.
2022-07-07 · Waterford
The prosecution finished its case in the trial of Dean Kerrie, a 20‑year‑old accused of murdering 25‑year‑old fisherman Jack Power in July 2018. On the final day, forensic expert Dr Stephen Clifford presented DNA evidence from items found in Kerrie's home, including a knife in the kitchen that matched Power's DNA and a second knife with an incomplete DNA mix. Blood stains on a white scarf and on a pair of shorts also matched Power and Kerrie's mother, Ann Fitzgerald. The jury heard that Kerrie, who was 17 at the time of the murder, had called 999 at 3.44 am, claiming he stabbed Power in self‑defence. Witness Christopher Lee denied that Power had forced entry and accused Kerrie of deliberately killing him. The defence announced plans to call technical witnesses, and the judge scheduled the next phase of the trial for the following day. Dean Kerrie pleaded not guilty.
2022-07-06 · Waterford
During a Central Criminal Court murder trial, the jury heard that a knife heavily stained with the blood of 25‑year‑old fisherman Jack Power was found in the kitchen of accused Dean Kerrie, while a second knife recovered from the hallway contained no blood. Kerrie, aged 20, pleaded not guilty to murdering Power, who was 17 at the time, after a 999 call at 3.44 am on 26 July 2018. Kerrie claimed he stabbed Power in the chest with a kitchen knife but did not intend to kill him. Eye witness Christopher Lee denied that Power had forced entry and accused Kerrie of deliberately killing him. Garda evidence included a black‑and‑white Swiss Line knife on a hallway mat, a black‑handled bread knife on a draining board, and a large black‑handled knife heavily blood‑stained. A broken wooden chair leg was found in the attic, with contact blood smears attributed to Kerrie's mother.
2022-07-04 · Waterford
In a Waterford murder trial, the Central Criminal Court heard that Jack Power, 25, died from a 13‑centimetre stab wound to his chest, inflicted by Dean Kerrie, 21, when Power entered Kerrie's house in Shanakiel, Dunmore East, on 26 July 2018. Former Deputy State Pathologist Dr Michael Curtis testified that the knife entered between the third and fourth ribs, pierced the heart and two ribs, and caused a massive haemothorax, with about 3.5 litres of blood pooled in Power's chest cavity. CPR and chest drains were attempted but failed. Power's blood alcohol level was 187 mg per 100 ml, three times the driving limit, and there was evidence of recent cocaine use. Dr Curtis concluded the cause of death was the single stab wound; blunt‑force trauma to the head was not contributory. The trial continues before Mr Justice Paul McDermott and a jury. Dean Kerrie pleaded not guilty.
2022-06-30 · Waterford
A 20‑year‑old named Dean Kerrie, who lives in Portarlington, pleaded not guilty to the murder of 25‑year‑old Jack Power, who was stabbed on 26 July 2018. In court, Kerrie told a garda that he had been asleep when Power entered his house, grabbed his mother and began punching and kicking. Kerrie claimed he grabbed a kitchen knife and stabbed Power in the chest, saying he did not intend to kill him. He also said Power had come to his house to blame him for damage to a car mirror. The trial heard evidence that the front windows of Kerrie's house were broken, a silver Volkswagen Polo was found with a missing wing mirror, and that Power's body had a stab wound with little blood. The case is still before a jury and a judge.
2022-06-29 · Waterford
In the Central Criminal Court, 17‑year‑old Dean Kerrie is charged with murdering 25‑year‑old Jack Power on 26 July 2018. Witness Christopher Lee, Kerrie's best friend, testified that he and Power were schoolmates and that Power entered the Kerrie house early that morning. Lee said he saw Power and Kerrie in the house, that Power pushed Kerrie's mother and that Kerrie entered the house with a knife. Lee claimed he saw Kerrie stab Power in the chest. He denied that Power had forced the front door or that Power had smashed a window. Lee also said he broke a window with a golf club after the incident. The trial is ongoing before Mr Justice Paul McDermott and a jury. Dean Kerrie pleaded not guilty.
2022-06-28 · Waterford
In a Central Criminal Court case, a 20‑year‑old named Dean Kerrie, who lived in Portarlington, pleaded not guilty to the murder of 25‑year‑old Jack Power, a fisherman from Dunmore East, who was stabbed to death at Kerrie's house on 26 July 2018. The prosecution presented evidence that Power had left a pub intoxicated, damaged his car's wing mirror, and believed Kerrie was responsible. Power then went to Kerrie's house, where a confrontation occurred. Kerrie allegedly stabbed Power with a large kitchen knife, after which Power collapsed outside and was pronounced dead at University Hospital Waterford. A post‑mortem found a 13‑cm stab wound as the cause of death. The prosecution also highlighted two 999 calls: one from Kerrie's mother reporting broken windows, and another from Kerrie admitting to stabbing Power but claiming he did not intend to kill.
2022-06-27 · Waterford
A jury has been sworn in to hear the trial of 20‑year‑old Dean Kerrie, accused of murdering 25‑year‑old fisherman Jack Power in Waterford on 26 July 2018 when Kerrie was 17. Kerrie pleaded not guilty to the single charge of murder. The trial will be heard by a panel of seven women and five men at the Central Criminal Court, with the prosecution opening the case tomorrow. Judge Paul McDermott warned jurors to avoid media and social media and focus solely on the evidence presented in court.
2022-03-03 · Waterford
Dean Kerrie, a 20‑year‑old from St Brigid's Square, Portarlington, was accused of murdering 25‑year‑old fisherman Jack Power during an early‑morning altercation at Kerrie's mother's home. The original trial at the Central Criminal Court ended with a hung jury after two weeks, and Kerrie was released on continuing bail. At a hearing today, Mr Justice Paul McDermott set a new trial date for 27 June and ordered that transcripts from the previous trial be made available to both prosecution and defence before the new proceedings. Dean Kerrie pleaded not guilty.
2022-02-17 · Waterford
In a murder trial at the Central Criminal Court, a 20‑year‑old defendant, Dean Kerrie, claimed he acted in self‑defence when a 25‑year‑old fisherman, Jack Power, entered his home. Kerrie said Power smashed the front window, kicked in the door and attacked his family. He alleged that Power fell onto a knife he had taken from his brother's bed, resulting in a single stab wound to Power's chest that penetrated his heart. Kerrie's defence argued that he had no intention to kill and was merely protecting his home. The prosecution contended that Kerrie deliberately stabbed Power and used excessive force. After nearly seven hours of deliberation, the jury could not reach a verdict and declared a disagreement. Kerrie was remanded on bail pending the next court date. The case remains unresolved. Dean Kerrie pleaded not guilty.
2022-02-16 · Waterford
In a murder trial at the Central Criminal Court, a jury of eleven deliberated over the case of 20‑year‑old Dean Kerrie, accused of killing 25‑year‑old Jack Power in 2018. Kerrie claimed he was defending his home when Power, a drunk fisherman, entered as a trespasser. The jury asked the judge whether Kerrie's age—he was 17 at the time—merited special consideration, but the judge said no. They also examined two knives found at Kerrie's house, one with no blood and another with Power's DNA. The prosecution argued Kerrie acted unlawfully, while the defence maintained he acted in self‑defence. The jury was instructed to reach a unanimous verdict of guilty of murder, guilty of manslaughter, or not guilty, and was released to return the next day for further deliberation.
2022-02-15 · Waterford
A jury of seven men and four women returned to the Central Criminal Court on 15 February 2022 to consider the verdict in the murder trial of 20‑year‑old Dean Kerrie. Kerrie, who lives in St Brigid's Square, Portarlington, claimed he acted in self‑defence after a drunken fisherman, Jack Power, 25, entered his home at Shanakiel, Dunmore East, on 26 July 2018. Power was stabbed once in the chest, a wound that pierced his heart. Kerrie pleaded not guilty. Defence counsel Ciaran O'Loughlin SC argued that Kerrie had no intention other than to protect his home and had acted in self‑defence. Prosecution counsel Michael Delaney SC contended that Kerrie had taken the law into his own hands, using excessive force. Justice Eileen Creedon explained that the burden of proof lies with the prosecution and outlined the three possible verdicts: guilty of murder, guilty of manslaughter, or not guilty.
2022-02-14 · Laois
In a Central Criminal Court murder trial, 20‑year‑old Dean Kerrie pleaded not guilty to the killing of 25‑year‑old Jack Power, who entered Kerrie's Portarlington home as a trespasser. Kerrie's defence counsel, Ciaran O'Loughlin SC, argued that Kerrie acted in self‑defence, claiming he was attacked and feared for his life. He said Kerrie brandished a knife but did not stab Power, who allegedly fell onto the blade. O'Loughlin highlighted the 999 call where Kerrie expressed fear and stated he stabbed Power "by accident." The prosecution, led by Michael Delaney SC, contended that Kerrie's account was implausible, citing inconsistencies with witnesses, the placement of the knife, and the lack of defensive injuries on Power. Delaney urged the jury to consider whether Kerrie used excessive force and whether a threat justified the stabbing. The case remains at the jury's deliberation stage.
2022-02-11 · Waterford
In a murder trial, 20‑year‑old Dean Kerrie, who was 17 at the time of the incident, testified that Jack Power, 25, entered his home in Portarlington by kicking the front door. Kerrie claimed Power threatened his mother and that Power's attempt to remove a knife from Kerrie's hand led to an accidental stabbing. Kerrie described being choked, thrown to the floor, and later seeing Power's knife on his brother's bed. He said he tried to move out of the way of a kick and that Power's loss of footing caused the stab. Prosecutor Michael Delaney argued the stabbing was deliberate, not accidental, and that Kerrie's statements were false. The case remains in court, with the jury hearing Kerrie's account and the prosecution's counter‑arguments. The trial continues before Justice Eileen Creedon. Dean Kerrie pleaded not guilty.
2022-02-10 · Waterford
In a murder trial, a fisherman, aged 25, was found dead in a teenage boy's home after sustaining a single stab wound to the front of his chest that penetrated his heart. The jury heard from retired Deputy State Pathologist Dr Michael Curtis that the wound was 13 cm deep, 4.5 cm long, and the force used was moderate. Dr Curtis noted the victim's intoxication with alcohol and cocaine, and that he was over three times the legal driving limit. The victim, a fisherman who worked on his father's boat, had no defensive injuries. The accused, 20‑year‑old Dean Kerrie, pleaded not guilty to the murder of the fisherman, who was found dead on 26 July 2018 in Waterford. The trial continues before Ms Justice Eileen Creedon and a jury.
2022-02-09 · Waterford
In a murder trial, the jury heard a 999 call from 17‑year‑old Dean Kerrie, who said he stabbed fisherman Jack Power "by accident" after Power entered his home. Kerrie claimed he feared for his life and that Power had come in the front door. The call, recorded at 3.44 am, included Kerrie's description of the incident, the knife used, and his statement that he did not intend to kill. The prosecution also played a call from Kerrie's mother, Ann Fitzgerald, reporting broken windows. Evidence presented included forensic findings of blood on a wooden chair leg, a rock on a couch, and a black knife with a palm mark. The trial, presided over by Ms Justice Eileen Creedon, continues with a jury of eight men and four women. The case remains at the hearing stage. Dean Kerrie pleaded not guilty.
2022-02-08 · Waterford
In a murder trial heard on 8 February 2022, a 20‑year‑old teenage boy, Dean Kerrie, pleaded not guilty to the killing of 25‑year‑old fisherman Jack Power in Shanakiel, Dunmore East, Waterford, on 26 July 2018. Kerrie told Gardaí that he had been asleep when a man broke into his home in Portarlington, attacked his mother, and that he stabbed the intruder with a knife. He was arrested on suspicion of assault causing harm and cautioned. Garda evidence described a broken front window, a broken chair, a kitchen knife on the floor, bloodstains on clothing and a black‑and‑white handled knife found at the scene. The prosecution noted a single stab wound to Power's chest and that Power was declared dead at the scene. The trial continued before Justice Eileen Creedon with a jury of eight men and four women. The case remains at the trial stage.
2022-02-07 · Waterford
During the Central Criminal Court hearing on 7 February 2022, a 20‑year‑old accused of murdering 25‑year‑old Jack Power was described as clutching a bottle of holy water moments after telling his cousin he was "after stabbing him." The accused, Dean Kerrie of St Brigid's Square, Portarlington, pleaded not guilty. Witness Shane Fitzgerald, a cousin of Kerrie, recounted that the day before the alleged offence the three men had swum at Badger's Cove and spent the day together, with Fitzgerald returning home at about 11 pm to watch Netflix. At around 3 am the next morning, Fitzgerald heard a loud bang and saw Christopher Lee, Power's best friend, shouting that he was going to kill him. Fitzgerald tried to call Kerrie but received no answer. He then walked to Kerrie's house, where he found Power lying on the ground.
2022-02-04 · Waterford
An eye witness, Christopher Lee, 29, broke down while giving evidence in the murder trial of Dean Kerrie, 20, charged with killing 25‑year‑old Jack Power on 26 July 2018. Lee described seeing Power and another man at the entrance of the Shanakiel estate early that morning. He recalled Power running toward Kerrie's house, where a long knife was held. Lee said Power turned to walk toward him, and Kerrie stabbed Power with the knife. Lee, who was shouting at Power, could not see the exact moment of the stabbing but noted Power's back to him and that Power was injured. After the incident, Lee ran to his father's house, called the gardai and ambulance, and used a golf club to break three windows in Kerrie's house. The trial is ongoing before Justice Eileen Creedon and a jury. Dean Kerrie pleaded not guilty.
2022-02-03 · Waterford
In a Central Criminal Court hearing, a jury may have to consider self‑defence in the trial of Dean Kerrie, then 17, accused of murdering 25‑year‑old Jack Power in his home in Shanakiel, Dunmore East, on 26 July 2018. Kerrie pleaded not guilty. The prosecution, led by Michael Delaney SC, presented evidence that Power, intoxicated after a night out at a local pub, drove to a cul‑de‑sac near Kerrie's house, where he was allegedly agitated over damage to his car's wing mirror. Witness Christopher Lee testified that Power entered Kerrie's house, a scuffle ensued, and Kerrie stabbed Power in the chest with a knife. Power collapsed outside, was taken to hospital, and died from a 13‑cm stab wound. A post‑mortem found blunt‑force trauma to Power's head and a high alcohol level.
2022-02-02 · Waterford
A 20‑year‑old man, Dean Kerrie of Portarlington, faces trial for the murder of 25‑year‑old Jack Power in Waterford. The alleged killing occurred on 26 July 2018 at Shanakiel, Dunmore East. Kerrie was arraigned at the Central Criminal Court, pleaded not guilty, and a jury of nine men and three women was sworn in. The trial, before Justice Eileen Creedon, is set to start Thursday morning and is expected to last two weeks.
2019-05-09 · Waterford
Ms Justice Leonie Reynolds of the High Court issued an order barring business consultant Eamon O'Neill from acting as a 'McKenzie friend' to advise lay litigants, citing that he was taking advantage of vulnerable parties. The judge noted that O'Neill, who lacks legal qualifications, had purported to give bad legal advice to defendants in a dispute over a commercial property in Waterford. Although O'Neill had previously apologized for a letter the judge described as scurrilous and containing untrue averments, he failed to attend court on Thursday to answer alleged contempt. The judge rejected his explanation for the absence, stating he appeared to think he was above the law, and directed him to appear next Thursday with a legal representative. O'Neill may then apply to have the barring order lifted. The underlying action involved a fund-appointed receiver, Mr Ken Kennell, who sought vacant possession of the property from owners Paddy Early, of Killea, Dunmore East, and Paul Kearney, of Islandtarsney, Fenor. The court had previously granted the receiver possession after finding the defendants had no defence to the claim that they were trespassers. On Thursday, the judge extended the stay on the possession order to allow CMD Early Dunmore East Ltd, which had recently obtained a solicitor, to bring a motion to set aside the order. The judge also directed Early and Kearney to swear an affidavit detailing payments made to O'Neill for his advice. The property had been put up as security for a €2.29m loan advanced by Ulster Bank in 2008, which fell into arrears in 2011.
2019-04-11 · Waterford
A High Court judge has warned litigants of the consequences of taking bad advice from non-legally qualified persons. Ms Justice Leonie Reynolds made the remarks while granting a fund-appointed receiver, Mr Ken Fennell, possession of a commercial property located at Six Cross Roads in Co Waterford. The action was brought against Mr Paddy Early, Mr Paul Kearney, Mr Eamon O'Neill, and CMD Early Dunmore East Ltd. The judge noted that the defendants had no legal representation and had been badly advised by non-qualified individuals. It was claimed that Mr Early and Mr Kearney had received €2.29m from Ulster Bank in 2008, with the Crossroads Property as security. The loan fell into arrears in 2011, and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver in 2016 and sought possession of the property. The defendants opposed the application and claimed they had no right to be in the premises. The matter had been before the court and adjourned on a number of previous occasions, most recently to allow the parties to obtain lawyers to represent them. Ms Justice Reynolds found that the defendants had no legal defence to the receiver's claim and granted Mr Fennell possession of the premises. The judge also raised concerns over legal submissions from Mr Early, who had consulted Mr William Murphy, prohibited from acting as a legal advisor. Mr O'Neill apologised for a 'scurrilous' letter sent to various parties, including the Gardai. The judge imposed a one-month stay on the order to allow occupants time to find premises and adjourned the matter to a date in May.