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Court reports mentioning Waterford

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2024-01-24 · Kilkenny

Killer who beat man to point he was unrecognisable argues sentence was too severe

Garret Smith, 35, was sentenced to 13½ years in prison after a jury found him guilty of manslaughter for stamping Edward 'Liam' O'Sullivan to death in Kilkenny in 2020. The jury had deemed Smith too intoxicated to intend murder, leading to a manslaughter verdict. Smith denied the murder charge and accepted the verdict, though he argued the sentence was too severe. He was also convicted of violent disorder at the same location. In the Court of Appeal, his counsel contended that the trial judge had misclassified the offence as the worst category and had not adequately considered mitigating factors such as lack of premeditation and Smith's personal circumstances. The State maintained that the sentence was fair, citing the brutality of the assault and the victim's severe injuries. The appeal was still pending at the time of the report.

2024-01-22 · Waterford

Former member of Garda Reserve jailed for rape and sexual abuse of boy

James Anthony Kelly, 57, of Ballycashin, Waterford, was sentenced to six and a half years in prison for raping and sexually abusing a boy he had befriended. He pleaded guilty to two counts of sexual assault, two counts of oral rape and two counts of gross indecency involving a child under 17, committed between March 2000 and March 2003. The victim, aged 14 to 17 at the time, was a friend of Kelly's who had been involved in local youth clubs. The abuse took place while the boy was camping or in isolated spots during car drives, involving mutual masturbation and oral sex. Kelly denied grooming and claimed the boy had initiated some encounters. He was a former Garda Reserve member. The judge imposed an eight‑year sentence, suspended 18 months, with strict conditions for probation and therapeutic intervention.

2023-12-13 · Dublin

French film star can't provide Monaco with documents in €7m fraud case

In a High Court ruling, Mr Justice Rory Mulcahy denied lawyers for French film star Dany Boon the right to supply prosecutors in Monaco with documents related to an alleged €7m fraud. The judge held that Boon's lawyers had not proven that providing the documents complied with the proper administration of justice and that the two defendants, Asia Monaco Investments Ltd and Asia Monaco SARL, would not be unfairly prejudiced. The affidavits, sworn by Ms Xin Zhao, were not formally opened in court and were deemed public. Boon's case involves claims that he was defrauded by Mr Thierry Birles and associated entities, and he has secured various freezing and disclosure orders in Ireland. The defendants opposed the application, citing potential injustice, and the judge noted that had the affidavits been opened, the application would not have been necessary.

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 · Waterford

Homeless Afghan man brings High Court challenge over accommodation

A homeless Afghan man has brought a High Court challenge against Waterford City and County Council, alleging unlawful treatment under the 1988 Housing Act. The applicant, who fled Afghanistan in 2019 and was granted asylum in 2022, claims he was wrongly deemed to have refused accommodation because an offer was not explained in his native language due to his limited English. He alleges the council only provides four emergency beds for single men, forcing him to sleep in his car when unavailable, and that the emergency accommodation consists of unheated rooms with pull-out beds or couches available only after 9pm. The man seeks orders compelling the council to provide suitable accommodation and to lawfully reconsider his needs. He further seeks declarations that the council's alleged policy regarding emergency beds is unlawful and that his Constitutional and ECHR rights are not being vindicated. The matter came before Ms Justice Niamh Hyland on Monday. On an ex-parte basis, the judge granted the man permission to bring his judicial review challenge. The matter was adjourned and will return before the court next month.

2023-11-16 · Dublin

Cosmetic surgeons gets injunction after court hears of alleged risk to medical data

The High Court granted a temporary injunction to RAS Medical Ltd, a Dublin‑registered cosmetic surgery practice, after it alleged that Create for the Web Limited, trading as Ireland Website Design, had failed to preserve important data, including medical information, relating to RAS Medical's websites. RAS Medical claimed that a falling out over an alleged secret recording of a Zoom call between director Dr Ahmed Salman and a representative of the website company led to the defendant's failure to retain data. The court, hearing the case ex‑parte, ordered the defendant to preserve data held by it in respect of RAS Medical's website. RAS Medical seeks further orders to compel compliance with the Data Protection Act and damages for alleged unlawful processing and dissemination of personal data. The matter will return before the court next week.

2023-11-10 · Dublin

Dancer used laundered cash to buy juicer

Paul Olunaike, a 34‑year‑old Dublin professional dancer and father of four, pleaded guilty to possessing €13,738 as proceeds of crime in his bank account on 25 August 2020. The court heard that he had allowed his Ulster Bank account to be used for an invoice‑redirect fraud, transferring €4,000 of the laundered money to his mother. Judge Orla Crowe set a headline sentence of two years but adjourned finalisation to 7 March to allow probation services to assess his suitability for community service. If suitable, Olunaike will be ordered to carry out 240 hours of community service instead of an 18‑month custodial sentence. He used the funds to buy a €609 juicer, a €404.99 food processor and an oil extractor machine. The judge noted the offence was an isolated incident, that Olunaike had contributed €2,000 to the prosecution's losses, and that he had not attracted further Garda attention since the incident.

2023-11-08 · Waterford

Allegations of burgers being picked up from the floor 'not a matter of national security', solicitor tells Dawn Meats case

The Workplace Relations Commission adjourned the trial of Abdulah Al Jaber's complaint against Dawn Meats Ltd to a future date, yet to be confirmed, when the company's final witness, a training officer, is expected to give evidence and closing submissions will be heard. Adjudicator Gaye Cunningham reversed a prior decision to hold the hearing in private, admitting the press after reviewing correspondence regarding protected disclosures. Al Jaber, appearing through an Arabic interpreter, alleged that hygiene procedures were neglected at the plant in winter 2020 due to pandemic pressures, claiming burgers were picked up from the floor and put back on the line. He also claimed a back injury from carrying heavy meat containers in subzero conditions. Dawn Meats denied these allegations as false and defamatory, with former health and safety manager Richie Phelan testifying that fallen product was never returned to the line. The company argued the protected disclosure was an attempt to embarrass them, while Al Jaber's solicitor argued the privacy decision was a volte-face. Ms Cunningham stated her focus remained on whether Al Jaber was discriminatorily dismissed under the Employment Equality Act 1998, noting she would not compel the CEO to attend. The matter was adjourned, not concluded.

2023-11-07 · Waterford

Conviction for 'brutal, horrendous murder' of 60-year-old is upheld

In Waterford, Stephen Keane, aged 33, was convicted of the brutal murder of 60‑year‑old John Lowe on 13 December 2018 and sentenced to life imprisonment. Keane had pleaded guilty to manslaughter but not to murder. He claimed he struck Lowe once with a punch, that Lowe had approached him with a knife, and that he was intoxicated and had no legal advice when he made admissions to Gardaí. The trial judge ruled the Garda notebook entries of Keane's admissions admissible, and the jury found him guilty. Keane appealed, arguing that the admissions were made while he was intoxicated and should have been excluded. The Court of Appeal dismissed the appeal, affirming the trial judge's decision that the evidence was admissible and that the judge had correctly applied the law on voluntariness and fairness. The conviction and life sentence remain in force.

2023-10-16 · Waterford

Violent ex Christian Brother jailed for abusing 19 schoolboys

Liam Coughlan, 87, a former Christian Brother, was sentenced to four and a half years' imprisonment for 19 counts of indecent assault on boys at a school in the south east of Ireland between 1974 and 1978. He had previously been convicted of 30 counts of indecent assault on five other boys at the same school and was serving a three‑year, two‑month sentence. The judge noted the abuse caused lasting fear, embarrassment and psychological harm, and that Coughlan's position of authority and religious affiliation intensified the victims' sense of powerlessness. He pleaded guilty in July after earlier trials were scheduled. The sentence will run concurrently with the sentence he is currently serving. Coughlan has serious health problems, including prostate and bone cancer, heart disease and arthritis, which were cited as mitigating factors. The court heard victim impact statements describing anxiety, trust issues, alcohol problems and, for some, PTSD and severe mental health effects.

2023-10-09 · Waterford

Shop workers let go 10 days before Christmas win over €40k for breaches

Four convenience‑store workers in County Waterford – Bridget Browne, Bridget Harrington, Alexander Novakovsky and Joanna Yahyaoui – secured orders for redundancy and notice pay from the Workplace Relations Commission after being dismissed ten days before Christmas 2022. The workers had worked part‑time at a Your Stop store on O'Connell Street, Dungarvan, and a Gala‑branded shop on Main Street, Tallow, for a combined service of over 23 years. Their former employer, sole trader Philip Kane, had agreed to take over the stores but claimed he had not legally acquired the businesses and therefore was not liable for redundancy payments. The tribunal found that Kane was the employer from 11 April 2022 and that the ten‑day notice was too short. He was ordered to pay the workers €5,998.50 in pay‑in‑lieu of notice and redundancy sums ranging from €2,000 to €12,000, totalling about €43,000. The decision was published in July 2023.

2023-10-06 · Waterford

'Protected by the habit he wore': victims of Christian Brother give statements

In Dublin Circuit Criminal Court, victims of an 87‑year‑old former Christian Brother, who abused 19 boys in the 1970s, presented impact statements. They described lasting anxiety, trust issues, alcohol problems, and the fear of being disbelieved because the perpetrator was a religious teacher. The abuse, which involved inappropriate touching and intimidation, was carried out while the boys were in class or after school. The victims, now men in their late 50s and early 60s, said the perpetrator's habit and position protected him. They expressed relief that justice was finally being served after 47 years. The court heard the defendant, who is currently serving a three‑year, two‑month sentence for other counts, has serious health problems and no prior convictions. Sentencing is scheduled for October 16. The unnamed 87-year-old pleaded guilty and was found guilty.

2023-09-15 · Waterford

'Veiled threat' was linked to whistleblower's allegation of ministerial interference, WRC finds

The Workplace Relations Commission ruled that a "veiled threat" to veterinary inspector Louis Reardon was linked to his claims that Minister Simon Coveney and former Taoiseach Enda Kenny interfered with investigations by the Department of Agriculture. The tribunal, however, could not establish a link between the threat message, sent a day after Reardon's protected disclosure, and his involuntary transfer three years later. Reardon's complaint of penalisation under the Protected Disclosures Act 2014 was rejected because the adjudicator could not be satisfied that the threat was part of a sustained retaliation. The tribunal noted that the transfer decision was made during a review that began before Reardon's disclosure and that senior officials had no knowledge of the disclosure at the time of the reassignment. The adjudicator concluded that the transfer was a legitimate reassignment, albeit questionable in its efficacy, and ruled Reardon's complaint "not well founded.".

2023-08-01 · Waterford

Dept of Agriculture decided to transfer whistleblower who made disclosure over alleged political interference, lawyer argues

The Department of Agriculture is accused of transferring whistleblower Louis Reardon out of the investigations unit following his protected disclosure about political interference in criminal investigations, according to a lawyer at the Workplace Relations Commission (WRC). Reardon made the disclosure on August 2, 2017, alleging interference by former officials and politicians. The following day, a senior civil servant suggested Reardon be moved to the wildlife section, which he rejected. The department claims the transfer in 2020 was unrelated to the disclosure and part of a review initiated in 2017. Reardon argues the move was retaliation and has requested to be transferred back to the investigations unit. The department denies any breach of the Protected Disclosures Act 2014 and states there was no penalty to Reardon. Evidence presented suggests the review began before the disclosure, and the department claims the transfer was due to internal management issues and the need for staff mobility.

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.

2023-06-30 · Kilkenny

Ex-Christian brother (87) jailed for abusing boys almost 50 years ago

An 87‑year‑old former Christian Brother from County Waterford was found guilty by a jury of 30 counts of indecent assault on five boys at a County Kilkenny school between August 1975 and June 1976. He was acquitted of one count involving a sixth boy. The maximum sentence for the offences is two years, but Judge Elma Sheahan sentenced him to three years and two months, with no suspended portion, citing his lack of remorse and continued denial. The judge ordered that he receive appropriate medical treatment while in custody, noting his age and health issues. The five complainants, now men in their 50s, gave victim impact statements describing how the abuse ruined their education, caused depression, anxiety and, for some, alcohol problems. They also said they were let down by the school and the Christian Brothers. The judge praised their bravery for coming to court and urged them not to feel shame.

2023-06-27 · Waterford

11 years for agressive child rapist who held knife to victim's throat

An Irish man aged 46 was sentenced to 11 years' imprisonment for repeated rape and sexual assault of a girl aged 8‑11 between August 2014 and August 2017. The offences, committed at his Wexford home, included eight counts of rape, nine of anal rape, eight of oral rape and nine of sexual assault. The court noted a particularly violent incident in which he tied the victim to a bed and held a knife to her throat, threatening her. He was found not guilty of three other rape counts. The judge imposed concurrent sentences of nine years and seven months for the anal and oral rape counts and four years and ten months for the sexual assault counts, with a two‑year post‑release supervision order. The sentence was back‑dated to the date he entered custody after the trial.

2023-06-09 · Waterford

Mattress franchisee must pay ex manager €10k

A Mattress Mick franchisee, Somnus GSM Limited, was ordered to pay former manager Shane Hearne €10,000 after a complaint under the Payment of Wages Act 1991. Hearne claimed he was owed €25,442 in wages and commission for work from September 2020 to April 2021, but received only €10,615.84, leaving a shortfall of €14,826.16. He alleged a verbal agreement for €550 a week net and 2% commission on all merchandise sales, but no documentation existed. The payroll manager denied the 2% commission, stating managers received 1% of their own sales and 1% of store sales, and cited issues with Revenue registration that led to a directors' loan instead of payment. The adjudicating officer noted the lack of documentary evidence and concluded it was reasonable for the respondent to pay €10,000 in compensation.

2023-06-08 · Waterford

Murderer's admissions while intoxicated should not have been admissible, lawyers argue

Stephen Keane, 33, of Coolfin Meadows, Portlaw, was convicted of murder for the death of John Lowe, 60, in December 2018. He had pleaded guilty to manslaughter but not to murder. Keane claimed intoxication and that he had only struck Lowe once, but the trial judge allowed admissions he made to Gardaí during pre‑detention interviews and notebook entries to be admitted as evidence. Keane's lawyers argue that these admissions were made while he was intoxicated, without legal advice, and should have been excluded. They contend the judge erred in admitting the Garda notebook entries and in not applying the same fairness test used for the first two interviews. The Court of Appeal will decide on June 15. The case remains at the appeal stage, with no verdict yet.

2023-05-25 · Waterford

Father Ned: Priest cycling 'day and night to take care of his flock' after driving ban, court hears

The Court of Appeal has reduced the driving disqualification imposed on Father Ned Hassett from two years to 18 months. Fr Hassett, a 53-year-old parish priest in Dungarvan, Waterford, pleaded guilty in November 2021 to careless driving causing serious harm. The offence stemmed from a crash on the N25 on April 30, 2021, where he allegedly failed to see motorcyclist Bobby Bohill, who was participating in a charity event. Mr Bohill suffered a broken femur and a traumatic brain injury, described by counsel as life-changing, though he has since made a good recovery. At the original sentencing in the Circuit Criminal Court, Fr Hassett was disqualified for two years and fined €250. During the appeal, his lawyer highlighted that he had already served 15 months of the ban, forcing him to cycle around his rural parish to attend to his flock. Mr Justice George Birmingham acknowledged the offence's seriousness but noted Fr Hassett's impeccable previous character and incident-free driving history. The judge also referenced a recent Court of Appeal ruling establishing that disqualification periods are discretionary rather than mandatory minimums. Consequently, the court agreed to reduce the disqualification period to 18 months, effectively shortening the remaining ban.

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.

2023-05-22 · Waterford

'Depraved pervert' Bill Kenneally to serve more time in prison for abusing boys

Bill Kenneally, 72, was sentenced at Dublin Circuit Criminal Court to four-and-a-half years' imprisonment, to run consecutive to his existing 14-year and two-month sentence, after pleading guilty to 13 sample counts of indecently assaulting five boys. The offences, alleged to have occurred between December 1979 and March 1990 in the south east, involved boys aged 13 to 15. Kenneally had initially pleaded not guilty to 266 counts but entered guilty pleas on the sixth day of trial. Judge Martin Nolan described the conduct as "incredibly reprehensible," noting Kenneally abused his position as a coach and family friend. The judge set a headline sentence of 10 to 12 years, reduced to eight or nine years for the guilty plea, but imposed the consecutive term to reflect the seriousness of the crimes. Kenneally's earliest release date is October 2026. The court noted that a High Court judicial review seeking to halt the trial was rejected, and the Court of Appeal upheld that decision. A commission of investigation was subsequently established to examine State agency responses and a 1987 interview in which Kenneally allegedly admitted wrongdoing.

2023-05-19 · Dublin

Former priest and Irish Times columnist has abuse conviction quashed

The Court of Appeal has quashed the conviction of Barry Fergal Jennings, a 57-year-old former priest and Irish Times columnist from Cloonkeerin, Frenchpark, County Roscommon. Jennings had been sentenced to four years imprisonment following his conviction in March 2022 on six counts of sexual assault against a schoolboy at locations in Dublin between September 1998 and December 1999. He had denied the charges. Ms Justice Isobel Kennedy found that the trial judge failed to provide adequate direction to the jury regarding the limited and proper use of evidence concerning complaints made by the victim. The judge stated that such evidence could only demonstrate consistency of the complainant's account, not corroborate the allegations themselves. Ms Justice Kennedy determined that the absence of this instruction rendered the conviction unsafe, as the jury risked accepting complaint evidence as supporting proof of the facts alleged. She concluded there had been a substantial oversight giving rise to apprehension of real injustice, and accordingly quashed the conviction.

2023-05-15 · Waterford

Man's conviction for sexually assaulting partner's daughter is upheld

In a Waterford case, Dean Hurley, aged 53, was convicted in 2021 of sexually assaulting his 12‑year‑old stepdaughter between 1 and 30 October 2013. The jury sentenced him to three years and six months, with the final six months suspended. Hurley appealed, arguing that a post‑conviction victim impact statement contradicted earlier testimony. The Court of Appeal, led by Mr Justice George Birmingham, rejected all four grounds of appeal. The judges found the new statement did not materially affect the core allegation and that the trial judge's decisions on evidence admissibility and indictment amendments were correct. Consequently, the conviction was upheld and the appeal dismissed. The case remains at the conviction stage, with no change to the imposed sentence.

2023-04-27 · Waterford

International businessman alleges fraud by Waterford company over €1.2m loan

In a High Court hearing, Canadian businessman Louis Trudel, CEO of TTMG International SARL, alleged that Waterford‑based Carray Homes Unlimited and its director Darren Carroll committed fraud by misrepresenting progress on a €1.2 million loan used to build 25 houses and 6 apartments at Adamstown Kilmeaden. Trudel claimed the loans, repayable in 11 months at 30 % interest, were advanced in two tranches: €300,000 to demonstrate cash flow to Waterford County Council and €900,000 to purchase land. He said aerial photographs supplied by the defendants were falsified, and that a colleague's drone images proved the reports were misleading. Trudel has not seen any agreement with the council and seeks repayment of the loans. After partial payment of €50,000, the remaining €250,000 of the first tranche remains unpaid.

2023-04-25 · Cork

Ex Sports Coach admits to indecently assaulting teenage boys on 6th day of trial

In a Dublin Circuit Criminal Court trial, a 72‑year‑old former sports coach admitted to 13 counts of indecent assault on five teenage boys between December 1979 and March 1990. The admissions followed Judge Martin Nolan's ruling that incidents involving complainants aged 15 or older should not be considered by the jury, as the law at the time allowed consensual activity post‑15. The defendant had initially pleaded not guilty to 266 counts covering 1978‑1993. He denied wrongdoing, claiming some allegations were fabricated or that he only acted after the boys turned 15. The judge remanded him in custody and adjourned sentencing to 22 May, noting the conduct was "grossly immoral" but not criminally illegal under the 1980s law. The case remains pending sentencing.

2023-04-24 · Waterford

Ex coach denied suggesting alleged victim could pay off loan by letting him watch during sex

In a Dublin Circuit Criminal Court hearing, a 72‑year‑old former sports coach pleaded not guilty to 266 counts of indecent and sexual assault against five boys. The court heard that the complainants, now men in their 40s and 50s, had been in contact with the accused as boys or teenagers through sports and family friendship. The State alleged that the accused exposed himself, fondled, masturbated, handcuffed, urinated and defecated with the boys, and that he offered money for sexual acts. The accused denied suggesting that a second complainant could pay off a loan by letting him watch the complainant's wife and him have sex. He claimed the relationship with the second complainant became sexual only after he turned 18 and that any acts were consensual. The trial continues before Judge Martin Nolan and a jury.

2023-04-20 · Waterford

'The torture place': trial of ex sports coach hears of abuse in woods

In the Dublin Circuit Criminal Court, a 72‑year‑old former sports coach is on trial for 266 counts of indecent and sexual assault against five boys, with alleged incidents spanning 1978 to 1993 in Waterford, Cork and Kilkenny. One complainant, now 56, described how the coach first approached him around age 12, rubbing his leg and later tying him with twine and handcuffs, touching his genitals and taking naked photographs in the coach's car and home. He also recounted being taken to a wooded area where he was tied to a tree, had his genitals squeezed, and was threatened with a cigarette. The complainant said these weekly abuses continued until he was 15 and that he received money from the coach. The witness denied that the allegations were fabricated and insisted he was not lying. The trial is set to continue before Judge Martin Nolan and a jury. The unnamed 72-year-old pleaded not guilty.

2023-04-19 · Dublin

Ex-sports coach wore women's clothes, asked to be punished during alleged abuse, complainant tells trial

In a Dublin Circuit Criminal Court hearing, a 72‑year‑old former sports coach, who cannot be named, pleaded not guilty to five counts of indecent and sexual assault against teenage boys in Waterford, Cork and Kilkenny between 1978 and 1993. One complainant, now 48, testified that the accused began making sexual innuendos when he was about 12, offering money for the boy to allow the man to touch his penis and later to watch him masturbate. The complainant described being tied to trees and beds, forced to perform acts involving urination and defecation, and the accused wearing women's clothes and demanding the boy "punish" him by squeezing his genitals or kicking him. Alcohol and drugs were also present. Another complainant, aged 52, recounted a 1985 incident where the accused touched his penis in a car and the boy later reported the event to a Garda station, only to be told an adult was required.

2023-04-19 · Cork

'Apartheid Irish style': Racecourse bookie left out in rain is 'mistaken' in victimisation claim

A Workplace Relations Commission adjudicating officer has dismissed a discrimination and victimisation claim brought by racecourse bookmaker Jim Desmond against the Association of Irish Racecourses CLG (AIR). Mr Desmond alleged that the operator of Mallow Racecourse refused him access to a tent during wet weather on 31 October 2021, a restriction he described as "apartheid Irish style." He claimed this constituted a "man-made discriminatory rule" imposed by AIR, arguing that other betting operators were allowed indoor facilities while on-course bookmakers were not. Mr Desmond, who stated he had attended Mallow meetings for 70 years, sought improved facilities rather than financial recompense and later attempted to progress the claim on the grounds of disability, citing compromised mobility. However, he acknowledged he had not specified a protected characteristic in his initial statutory notification. AIR chairman Paddy Walsh responded that the association had no role in designing betting rings and that Mr Desmond had failed to link his complaint to prescribed grounds. Adjudicating officer Patsy Doyle found that Mr Desmond did not have a protected disability and had not been refused service by AIR, as he paid the racecourse directly for his pitch. She determined there was no less favourable treatment by AIR and that the matter was a commercial dispute. While noting Mr Desmond acted in genuine belief, she concluded he was "mistaken" in his claim for victimisation.

2023-04-18 · Waterford

Trial of former sports coach hears graphic evidence of alleged abuse

In a Dublin Circuit Criminal Court hearing, a 72‑year‑old former sports coach, who cannot be named, pleaded not guilty to 266 counts of indecent and sexual assault against five boys in Waterford, Cork and Kilkenny between 1978 and 1993. The prosecution, led by Paul Greene SC, presented evidence that the accused tied boys up in woods or at his home, exposed his penis, forced them to urinate in a glass and defecate in his mouth, and engaged in other sexual acts. The first complainant, now 51, testified that the coach, a family friend, offered money for such acts, describing a pattern that began when he was 13 and continued until he was 20. The trial, presided over by Judge Martin Nolan, remains ongoing with a jury hearing the case.

2023-04-18 · Wexford

Woman was in psychotic state when she stabbed father (94), jury hears

In a Central Criminal Court hearing, Julie Flood, 51, pleaded not guilty by reason of insanity for fatally stabbing her 94‑year‑old father, Patrick Flood, on his birthday in April 2019. The prosecution alleged that Flood was in a psychotic state, claiming God instructed her that her father was an intruder and that she must stab him. She stabbed him with a kitchen knife, left the house, and later flagged down a driver, stating she was after stabbing her daddy. Gardaí arrested and detained her under the Mental Health Act. Patrick Flood was taken to hospital, underwent surgery, but died two days later from a stab wound to the abdomen compounded by severe heart disease. The trial focuses on whether Flood was insane at the time of the act, with expert testimony from both sides expected. The case continues before a jury.

2023-04-11 · Waterford

Hotel ordered to pay €20k to sexually harassed chef

In April 2023 the Workplace Relations Commission ordered Causeway Hospitality Ltd to pay €20,000 to Nadine Harty after finding that the Greenway Manor Hotel failed to conduct a full investigation into her complaints of sexual harassment by the executive chef, Mr M. Harty, who began working as a prep chef on 29 June 2021, alleged that Mr M made lewd comments, blew in her ear, grabbed her waist and wrists, and bit her shoulder. She first raised the matter informally with her line manager, the head chef Mr B, and later filed a written complaint in July 2021. The hotel's management, including a company director, monitored the situation for nearly four months, then decided that Mr M, aged 66, should retire or leave. Harty was told he had left, but no action was taken against him. The tribunal found the hotel's lack of a full investigation and failure to protect Harty constituted gender‑based discrimination, and ordered the compensation.

2023-03-27 · Waterford

Ex-FF Councillor gets €4.4m debt write-off

The High Court approved a Personal Insolvency Arrangement for former Fianna Fáil councillor Thomas 'Eddie' Mulligan, allowing him to write off more than €4.4 million in debt while retaining his family home. Mulligan, 55, contributed just over €9,000 to creditors and fees for the arrangement. He had served on Waterford City and County Council from 2014 until his resignation in August 2022 and had run unsuccessfully for Fianna Fáil in the 2020 General Election. The court heard that his financial difficulties stemmed from the 2008 recession, when he borrowed money and gave personal guarantees for loans used to invest in property assets. Those assets, including retail and commercial units, lost value and rental income fell, leading to a need to sell them to repay debts. Mulligan's main creditors are Pepper Finance, Everyday Finance DAC, Bank of Ireland, and a local Credit Union. He entered insolvency and engaged Personal Insolvency Practitioner Mitchell O'Brien.

2023-03-14 · Dublin

Community volunteer avoids jail for revenge attack

Lee Lismore, 54, pleaded guilty to assault causing harm after a revenge attack on a man he claimed had assaulted him earlier. The incident occurred at Smithfield Square, Dublin, on 3 April 2021, where Lismore, along with two other men, punched, kicked and stabbed the victim, who suffered a brain bleed and multiple stab wounds. Lismore had no prior convictions and cooperated with Gardaí, providing details of the alleged earlier assault. The court noted strong mitigating factors, including his community volunteer work and lack of criminal history. Judge Martin Nolan sentenced Lismore to a three‑year term, suspended on conditions, and required him to pay €3,000 to the victim. The case remains under investigation for the alleged initial assault. The other two men were not before the court.

2023-02-28 · Waterford

Supreme Court challenge to personal injury guidelines opens

An appeal against the High Court's dismissal of a test challenge to the 2021 personal injury guidelines has opened before the Supreme Court. The case involves Bridget Delaney of Dungarvan, who claims her 2019 ankle fracture was caused by negligence of Waterford City and Council and that the Personal Injuries Assessment Board (PIAB) delayed assessment until the new guidelines were introduced, breaching fair procedures. Delaney argues the guidelines, adopted by a Judicial Council vote in March 2021, unfairly reduce awards by up to 40% and violate her constitutional rights. She seeks to quash PIAB's assessment and the Council's decision, and to declare that PIAB breached her rights to natural and constitutional justice. The Supreme Court panel, comprising seven judges, has accepted the appeal, noting the exceptional public importance of the issues, and will consider the constitutional implications of judicial independence and the separation of powers. The hearing continues.

2023-02-17 · Waterford

Man caught with firearm while wearing gloves has sentence reduced

In February 2023, a Waterford man, Chris Kelly, aged 32, was caught by the Garda Armed Response Unit with a handgun while wearing disposable gloves. He had pleaded guilty to possession of a firearm on 20 May 2020, the same date and location as his co‑accused Kealan Madden. Kelly had one prior conviction for cannabis possession, whereas Madden had 13 prior convictions. The original sentence in December 2021 was six years' imprisonment with the last year suspended. Kelly appealed, arguing that his single prior conviction gave him a "justified grievance" and that he should not be treated more severely than Madden. The Court of Appeal quashed the original sentence and re‑sentenced Kelly to five years' imprisonment with one year suspended, matching Madden's sentence. The decision was based on the lack of a substantial basis for distinguishing the two men, despite Kelly's Crohn's disease and other personal circumstances.

2023-02-10 · Waterford

Drugs courier 'not the sharpest knife in the drawer'

Two Waterford men, Peter Cawley (42) and Richard Nolan (35), will be sentenced next year for transporting drugs. Gardaí on a mobile patrol stopped a van on 19 March 2020, found cannabis, heroin worth €9,683, cocaine worth €289, and tablets worth €80. Cawley drove the van; Nolan lay in the back and placed a hand‑held item in a bucket. Both were searched; Nolan had drugs in his underwear and a white wrap he swallowed, later claiming it was crack cocaine. They were arrested, the van seized, and the drugs confiscated. Cawley pleaded guilty to possession of heroin for sale or supply; Nolan pleaded guilty to three counts of having drugs for sale or supply. Both men entered guilty pleas, admitted full responsibility, and were described by Garda Conor Dooley as cooperating. Judge Patricia Ryan will place them on a one‑year probation bond, finalising the matter in February 2024.

2023-01-31 · Waterford

Teen rapist whose behaviour is of 'great concern' now facing trial for sex assault

The Central Criminal Court heard that an 18‑year‑old teenage rapist, who has had 12 Garda interactions in a West of Ireland town since moving there four months ago, is now facing a trial for sexual assault. The court was told by a Tusla official that all State services are working together to assist with his rehousing. The defendant, who was previously sentenced in May 2022 to a five‑year prison term suspended for three years on strict conditions, was remanded in custody for the new charge. He is also before the District Court for failing to notify Garda of his address under the Sex Offenders Act. A Probation Service official explained that the main issue is suitable accommodation, and that Waterford County Council is willing to conduct a housing assessment pending his release.

2023-01-30 · Kilkenny

Firearms defendant received longer sentence than co-accused with 13 convictions, appeal hears

In a 2023 Court of Appeal hearing, Chris Kelly, aged 32, received a six‑year jail term with the last year suspended for possession of a firearm, a longer sentence than his co‑accused Kealan Madden, who had 13 prior convictions and was sentenced to five years with the final 12 months suspended. Kelly pleaded guilty to possession of a handgun on 20 May 2020 at Ballinlaw, Slieverue, Co Kilkenny, where Gardaí stopped him and two other men. The vehicle was searched, revealing a semi‑automatic pistol and 47 rounds of ammunition, all of which had been modified for live fire. Kelly resisted arrest and was forcibly removed. Madden, seated in the rear, was found with a dark green sock containing a tray of ammunition.

2023-01-26 · Waterford

Jail time doubled for criminal with 'no regard for court orders' who violently attacked 'Good Samaritan'

Michael Delaney, 36, was sentenced to three years' imprisonment in June 2022 for hijacking a car and violently assaulting a Good Samaritan, Zolt Tolmowski, who offered him a lift. Delaney had a 12‑13 year driving ban and was on bail at the time. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, with the final 12 months suspended. The new sentence includes five years for the hijacking, three years for assault causing harm, and 12 months for violent disorder, with the latter suspended. Delaney's concurrent sentences for dangerous driving, driving without insurance, driving without a licence and failing to supply a urine specimen remain at four months each. The Court noted his 99 prior convictions and his participation in rehabilitation programmes while incarcerated. The decision was made after the State appealed the original sentences as unduly lenient. Michael Delaney pleaded guilty.

2023-01-25 · Clare

Peace activists spared jailed for trespassing at Shannon airport

Two peace activists, retired soldier Edward Horgan (78) and civil servant Dan Dowling (39), were found guilty of trespassing on a taxiway at Shannon Airport. They had previously been acquitted of criminal damage for marking an American naval plane. The Dublin Circuit Criminal Court, after a ten‑day trial, returned guilty verdicts on the summary trespass charges. Judge Martina Baxter, who praised their conduct, imposed no custodial sentence but ordered each to pay €5,000 to the Clare Haven Refuge for women within 12 months. She also required them to maintain good behaviour and keep the peace for a year. The judge highlighted their lack of prior convictions and good work histories, and noted their intention to protest peacefully. The men accepted the verdict. No further penalties were imposed.

2023-01-25 · Waterford

2.5 years for man who 'brutally' sexually assaulted 'extremely vulnerable' girlfriend

A 62‑year‑old man was sentenced to two‑and‑a‑half years in prison for two counts of sexual assault committed against his girlfriend in Waterford in 2001. The assaults, which involved vaginal and anal penetration without consent, occurred over a five‑week period during a relationship that had lasted 20 years. The victim, who has intellectual and memory difficulties, described the experience as the worst of her life and expressed a loss of self‑belief. The court noted that the defendant had pleaded guilty, expressed regret, and had lived a productive life since the offences, with no further convictions. The sentence was back‑dated to February of the previous year when the defendant entered custody after his guilty plea. The judge highlighted the serious breach of trust and the violent, targeted nature of the acts. The case was delayed largely because of the victim's learning difficulties.

2023-01-23 · Waterford

Criminal with 'no regard' for courts was on bail when he violently attacked 'Good Samaritan'

Michael Delaney, 36, was sentenced by Waterford Circuit Criminal Court in June 2022 to three years' imprisonment for assault causing harm and unlawful vehicle seizure after he violently attacked a 'Good Samaritan' who offered him a lift during a car‑jacking incident on 21 June 2021 in Kilmeaden. Delaney, who was on bail and serving a 12‑13 year driving ban at the time, dragged the injured party from his Saab, punched him repeatedly, threw him into a ditch and drove the hijacked car into parked vehicles. The assault left the victim with broken teeth, vision problems and tinnitus. Delaney's 99 prior convictions, including for dangerous driving and assault, were cited as aggravating. The judge imposed a fully‑suspended 18‑month sentence for violent disorder, while the State appealed the three sentences as unduly lenient. The case remains pending. Michael Delaney pleaded guilty.

2023-01-20 · Waterford

Woman will not face any more jail time for manslaughter of new born

In a 2023 Court of Appeal decision, the State's appeal to increase the sentence for Caitlin Corcoran, an 18‑year‑old Waterford woman convicted of manslaughter for the death of her newborn Sophie Elizabeth, was dismissed. Corcoran had given birth in a toilet on 22 April 2018, placed the infant in a bin, and the child was later found dead. She was found guilty of manslaughter and child neglect in October 2021. Judge Eugene O'Kelly originally imposed a headline sentence of four years, reduced by nine months and suspended three years, leaving Corcoran jailed for three months (served five weeks). The Court of Appeal, led by Justice George Birmingham, upheld the original mitigation, noting Corcoran's psychological issues, cooperation with Gardaí, remorse, and lack of prior convictions. The appeal was dismissed, confirming the sentence remained unchanged. The case was described as "tragic" and "extraordinary" but the court found no basis for a harsher penalty. The unnamed woman pleaded not guilty.

2022-12-19 · Kilkenny

Killer should welcome manslaughter verdict 'like drowning man clinging to a life raft', judge says

In a High Court sentencing hearing on 19 December 2022, Mr Justice Tony Hunt sentenced 35‑year‑old Garret Smith to 14 years 6 months' imprisonment, with 12 months suspended, for the manslaughter of 46‑year‑old Edward "Liam" O'Sullivan. Smith was found not guilty of murder but guilty of manslaughter because he was too intoxicated to intend the killing. The judge described the jury as "charitable and merciful" and urged Smith to accept the verdict as "like a drowning man clinging to a life raft." Smith had been drinking for about 18 hours and was likely abusing prescription medication. He had been seen on CCTV at a Circle K garage and later in O'Sullivan's Kilkenny apartment, where a violent altercation escalated. Smith stamped and punched O'Sullivan, inflicting fatal injuries. The judge noted Smith's previous convictions and the impact on O'Sullivan's family, but emphasised that the sentence reflected the circumstances and Smith's intoxication.

2022-12-16 · Waterford

18 months for violent offender (44) who choked and beat partner during 'seven years of torture

A 44‑year‑old Dublin man was sentenced to 18 months' imprisonment for choking and assaulting his 31‑year‑old partner over three separate incidents in 2017 and 2018. The court found him guilty of three counts of assault causing harm, each occurring in their Waterford home. He had previously been acquitted of rape and had earlier convictions for assault and public order offences. The judge noted a pattern of controlling behaviour, including restricting the victim's social life and demanding her work schedule. The final 12 months of the 27‑month sentence were suspended for two years on strict conditions, and the man must be supervised by Probation Services for 12 months after release. The sentence was imposed concurrently for all three counts and backdated to the date he entered custody.

2022-12-14 · Waterford

Teen who orally raped girl was twice found with teens reported missing

An 18‑year‑old who received a suspended five‑year prison sentence for orally raping a minor in 2018 is now under investigation for sexual assault of a teenage girl in a West of Ireland town. The court heard that since moving there three months ago he has had 12 interactions with gardai, including incidents involving vulnerable teenage girls. He was found with two girls who had been reported missing – a 16‑year‑old in September and a 13‑year‑old in October – and was again found with a 16‑year‑old who later alleged physical assault. He has also been arrested for public order offences, theft of alcohol and breach of the Sex Offenders Act for failing to notify gardai of a change of address. The judge adjourned the case to 31 January, stating he would require evidence of genuine engagement with probation and therapeutic services before considering the suspended sentence again. The unnamed 18-year-old pleaded guilty.

2022-12-13 · Cork

French film star entitled to €4.8m in damages against 'Irish Lord' fraudster

In a High Court decision, French film star Dany Boon was awarded €4.8 million in damages after being defrauded by Thierry Fialek‑Birles, who posed as an "Irish Lord from an ancient family." Mr Justice Brian O'Moore found that Mr Boon's funds had been used to support Mr Birles' luxurious lifestyle. The judge imposed receivership and permanent freezing orders on assets linked to Mr Birles, including three sailing boats – the 'Erin' and 'My Fair Lady' in Co Cork and the 'Shamrock' in Genoa – a house in Youghal, Co Cork, and monies in various bank accounts. Mr Birles and several co‑conspirators, such as SSMM, Hibernian Petroleum, United Irish Estates, Hibernian Yachts, and others, were ordered to pay Mr Boon's legal costs. The court also directed the sale of the seized assets to satisfy the judgment. The case remains pending against other named parties.

2022-12-02 · Cork

French film star secures judgements against alleged 'Irish Lord' fraudster

Dany Boon, a well‑known French film star, obtained High Court judgements against Thierry Fialek‑Birles, who presented himself as an "Irish Lord from an ancient family," and several companies linked to him. The court granted Boon judgement for damages of over €6 million, following earlier freezing and disclosure orders that had been secured to trace the missing funds. Boon's solicitor, Rossa Fanning SC, noted that most defendants had either chosen not to contest the claims or had never appeared in court. Judgements were awarded against Irish‑registered entities such as South Sea Merchant's Mariners Ltd Partnership, Hibernian Petroleum Limited Partnership, United Irish Estates Limited, Hibernian Yachts Company Limited, and the Samoa‑registered United Far East Oriental Holdings Ltd, as well as US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), and Sail & Motor Navigation Company Limited (Antigua and Barbuda).