The Supreme Court has agreed to hear a leapfrog appeal in a test case brought by Bridget Delaney against the State and the Personal Injuries Assessment Board (PIAB). The panel, comprising Justices Charleton, Hogan, and Murray, determined that the matter raises issues of general importance regarding the separation of powers and judicial independence, warranting direct review from the High Court. The appeal challenges the High Court's June dismissal of Delaney's claims that the 2021 personal injuries guidelines are unconstitutional. Delaney alleges the guidelines, adopted by the Judicial Council, encroach on judicial independence and that PIAB breached her rights by assessing her claim under these new rules. She seeks orders quashing the PIAB assessment and the Council's decision, along with declarations that both bodies acted outside their powers. In the lower court, Mr Justice Meenan rejected all grounds, finding PIAB acted in accordance with the 2003 PIAB Act and that Delaney's constitutional rights did not guarantee a specific damages sum. The Supreme Court will now case manage the appeal before fixing a hearing date. The matter remains at the appeal stage and has not been concluded.
In a Central Criminal Court hearing, Garrett Smith, 35, was found not guilty of murder but guilty of manslaughter and violent disorder after he stamped Edward O'Sullivan's head in his Kilkenny apartment, causing injuries described by a state pathologist as akin to a traffic accident. O'Sullivan, 46, was discovered lying in a pool of blood with severe facial and internal injuries, and was treated on site before dying. Smith, intoxicated, was arrested with blood on his clothes and was charged with assault causing harm. Witnesses described a drunken altercation that escalated into physical violence, with Smith repeatedly stamping on O'Sullivan's head and face. The court noted the extreme nature of the injuries and the aggravating factor of the victim's right to withdraw the invitation to the home. Smith's defence highlighted intoxication and apologized for the outcome. The case was scheduled for sentencing on 19 December.
GAA star David Fitzgerald raised questions before the Deputy Master of the High Court regarding the alleged sale of his ACC Bank loan to a 'vulture fund'. The proceedings were brought by Pepper Finance and receiver James Anderson against Fitzgerald, the Waterford Senior Hurling Manager, seeking possession of a house in Co Clare. Fitzgerald opposes the application, arguing that Pepper may not own the loan and that he has received insufficient information about the purported transfer to entities named Newgrange Acquisition DAC and Otterham. His counsel, Ronnie Hudson, also challenged the proportionality of the receivers' fees, noting that a Deloitte chartered accountant was appointed for a single property. Fitzgerald claims he wishes to redeem the mortgage of over €200,000 but is blocked by a disputed €25,000 interest surcharge. The Deputy Master, Mr John Glennon, stated that these issues are for a High Court judge to determine. He indicated an intention to list the case before a judge but granted an adjournment to allow Fitzgerald to swear an affidavit in reply to the applicant's claim. The matter was adjourned and will return before the Deputy Master later this month. Fitzgerald also linked these proceedings to separate claims against former ACC Bank official Jarlath Mitchell and ACC Bank, alleging fraud involving false mortgage documentation in Portugal.
The Supreme Court has dismissed an appeal brought by local residents against a lower court's finding that certain parts of a Co Waterford-based wind farm did not amount to unauthorised development. The decision concerns an 11-turbine wind farm at Ballyduff operated by Barranafaddock Sustainable Electricity Limited, allowing the facility to continue operating. The residents, acting as applicants, claimed under Section 160 of the 2000 Planning and Development Act that the wind farm was unauthorised development, specifically alleging that the developer deviated from planning permission by increasing rotor blade diameter from 90 to 103 meters. While An Bord Pleanala ruled the change was not exempted development, the High Court initially restrained the turbines' use. That decision was overturned by the Court of Appeal, which found in the operator's favour. The Supreme Court, comprising five judges, upheld the Court of Appeal's findings. Mr Justice Woulfe stated that the increase in rotor blade diameter had been agreed in writing with the planning authority. The court also determined that the applicants were not entitled to challenge the board's act on EU law grounds and that the board's finding did not extend to a determination of unauthorised development. The Supreme Court had agreed to hear the appeal due to issues of general public importance regarding the 2000 Act and Environmental Impact Assessment requirements.
Alan Yip, 47, of Parnell Street, Dublin, was sentenced to three years in prison after pleading guilty to six counts of providing registrars with false or misleading birth information between August 2012 and July 2015. Judge Martin Nolan stated Yip deserved a custodial sentence for his role in a scheme that facilitated Irish passports for children. Five co-accused parents—Ning Zhang, Wei Qin Xie, Jie Chen, Honghui Dong, and Peng Lin—each pleaded guilty to one charge of providing false birth particulars regarding their own children. Although the judge initially considered harsh sentences for deterrence, he ultimately decided against imprisonment, citing their desperation and mitigation. Each of these five defendants received a two-year term suspended in full. The court noted that Yip, a British citizen, falsely registered himself as the father of six children to allow their mothers to secure Irish citizenship and leave to remain. Defence counsel argued that custody would be overly severe for the parents, who had no permanent status. The judge acknowledged the parents' difficult circumstances but emphasized they had breached the law. The matter was finalized with Yip jailed and the others receiving suspended sentences.
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.
In a High Court appeal-stage matter, Davy Fitzgerald, represented by Ronnie Hudson BL and solicitor Max Mooney, contested proceedings brought by Pepper Finance and receiver James Anderson against him and his sister Helen Fitzgerald. The plaintiffs sought possession of a property in Sixmilebridge, Co Clare, where Helen resides. Fitzgerald claimed he was a victim of fraud by former ACC Bank official Kevin Jarlath Mitchell, who was jailed in April 2013 after pleading guilty to theft, obtaining cash and a cheque under false pretences, and falsifying a DIRT compliance certificate between January 1993 and February 2012. Mitchell's four-year sentence was later halved on appeal. Fitzgerald alleged Mitchell falsely added his name to Portuguese mortgage documents and that €45,000 in deposits is unaccounted for. He argued that Pepper Finance, described as a vulture fund, was preventing him from redeeming a €200,000 mortgage by demanding an unjustified €25,000 interest surcharge. Deputy Master John Glennon initially struck out the case due to the plaintiffs' non-appearance. However, after the plaintiffs requested reinstatement, citing a brief delay, and Fitzgerald's counsel opposed, Glennon stated he lacked the power to reverse the decision without party consent. He noted the matter would likely be reinstated on appeal or re-issued, effectively leaving the case unresolved and subject to further procedural steps.
Mr Justice Paul McDermott, presiding over the Central Criminal Court, publicly refuted claims made by Sinn Féin TD Martin Kenny in Dáil Éireann. Kenny, acting as Justice Spokesman, had alleged that court facilities outside Dublin, specifically in Limerick, were underutilised because judges were unwilling to travel from their base locations. He stated that witnesses and victims were forced to travel to Dublin despite adequate local facilities. Mr Justice McDermott described these assertions as "concerning" and "ill-informed," asserting it is "simply incorrect" to suggest High Court judges lack willingness to travel. He noted that during the current session, cases were heard in Cork, Kilkenny, Monaghan, and Tullamore, with Waterford expected to join soon. The judge emphasised that the Central Criminal Court actively seeks these venues to reduce the burden on victims, acknowledging the "extreme distress" caused by travel. Regarding Limerick specifically, he clarified that the court is currently unavailable, but stated unequivocally that if it were accessible, judges would travel there. He concluded by affirming that there is "no question" of any High Court judge being unwilling to travel to hear cases, reiterating the judiciary's commitment to utilising available regional facilities.
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.
In October 2022 the Court of Appeal quashed the acquittal of a mother of three who had been found not guilty of sexually abusing her children in a 2021 trial. The original acquittal was based on a judge's ruling that admissions made during a polygraph interview with a forensic psychologist were inadmissible. The Director of Public Prosecutions argued that the judge had wrongly excluded compelling evidence. The appeal court, led by Mr Justice George Birmingham, decided that the interviews should be admitted in a retrial on grounds of overall fairness. The woman had admitted to knowing her husband's interest in child pornography, to his abuse of their children, and to her own participation in the abuse. She had also admitted to abusing the children when alone.
In a High Court case, French film star Dany Boon has been allowed to add several new defendants to his fraud claim. Boon alleges he is the victim of a multi‑million‑euro fraud orchestrated by Thierry Fialek‑Birles, who he says uses a network of companies across the West Indies, the United States, Monaco and Ireland. The new defendants include US‑registered American Sail & Motor Navigation Inc, Amalgamated Plantations Company Ltd (British Virgin Islands), Asia Monaco Investments Ltd (Lusk Co Dublin), Asia Monaco (Monaco), Sail & Motor Navigation Company Limited (Antigua and Barbuda), and several 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 Samoa‑registered United Far East Oriental Holdings (Samoa) Ltd. Boon's lawyers seek freezing and disclosure orders against these parties, following a prior freezing order that prevented the defendants from reducing assets below €6 million.
In a High Court hearing, Dany Boon's legal team argued that several parties, including Thierry Fialek‑Birles and a group of Irish‑registered companies, had defrauded him of millions of euros. Boon claimed he had invested €4.5 m and later €2.2 m through SSMM, a company he said was advised by Birles, who presented himself as an Irish maritime lawyer. Boon alleges SSMM was used to divert his funds to accounts in South Korea and Panama, and that the Rossi family, purported owners of SSMM, do not exist. The court granted a freezing order preventing the defendants from reducing assets below €6 m, including a sailboat named 'Erin' and a property on Strand Street, Youghal. Boon seeks disclosure of documents to trace the missing money, while the defendants intend to fully oppose the action and may join the Rossi family as third parties if evidence of a sale is presented. The case is adjourned to November.
Chico Makamda, 39, was returned to jail for two years after failing to leave Ireland as required by his 2019 sentence. He had been sentenced to seven and a half years, with the final two and a half years suspended on the condition that he leave the country within 14 days of release. Makamda was released in January 2022 but did not depart, and he accrued two convictions for failing to notify the Gardaí of his address under the Sex Offenders Act. He was re‑arrested in June and has been in custody since. The court reactivated the suspended portion of his sentence, noting he had made no genuine effort to comply with the condition. The hearing reaffirmed his willingness to leave, but the judge found he had intentionally refused to comply. The case also referenced his earlier conviction for sexual assault, false imprisonment and robbery in 2018. Chico Makamda pleaded guilty.
In a High Court hearing on 14 July 2022, French actor Dany Boon, represented by Rossa Fanning SC, claimed he was the victim of a sophisticated multi‑million‑euro fraud. Boon alleged that Thierry Fialek‑Birles, who posed as an Irish lord and maritime law expert, misled him into investing over €6.7 million through a network of companies, including South Sea Merchant's Mariners Ltd Partnership (SSMM) and others registered in Ireland and Samoa. Boon said he advanced €2.2 million for yacht maintenance and €4.5 million for a purported investment scheme with the Irish Central Bank, both of which he claims were never realised. He further alleged that SSMM was taken over by a fictitious Rossi family and that the money was transferred to accounts in South Korea and Panama.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In a High Court decision on 3 June 2022, Mr Justice Charles Meenan dismissed a judicial review brought by Bridget Delaney of Dungarvan against the State and the Personal Injuries Assessment Board (PIAB). Delaney had challenged the 2021 adoption of new personal injury guidelines by the Judicial Council, arguing they were unconstitutional, breached her rights, and unfairly reduced awards by up to 40%. The judge rejected all of her claims, finding that the guidelines were made in accordance with the 2019 Judicial Council Act, that PIAB acted within its statutory powers, and that the guidelines did not infringe judicial independence. He noted that the guidelines were based on established legal principles and economic conditions, and that courts may depart from them only with rational, cogent reasons. The case will return for final orders on costs.
The High Court has ordered a stay on three separate criminal prosecutions against Mark Jenkins, the owner of two coffee shop and retail businesses in Clonmel and Dungarvan that sell hemp products and items containing cannabidiol (CBD). Jenkins, who has challenged Ireland's 1977 Misuse of Drugs Act on the grounds that it breaches his constitutional rights and EU law, claims that the products sold by his businesses contain only trace amounts of tetrahydrocannabinol (THC) – the principal constituent of cannabis – and that these amounts are within the limits set by EU regulations. The first set of charges arose from a February 2020 Gardai search that seized plant material with THC content not exceeding 0.2%, a figure that Jenkins says is supported by an independent test. The second and third sets of charges stem from July 2020 and May 2020 seizures, respectively, for which independent analyses are pending.
A former priest and Irish Times columnist has been sentenced to four years imprisonment following conviction for multiple sexual assaults on a schoolboy in the late 1990s. Barry Fergal Jennings, aged 56, of Cloonkeerin, French Park, County Roscommon, was unanimously convicted by jury at Dublin Circuit Criminal Court in March of six counts of sexual assault committed between September 1998 and December 1999. At the time, Jennings served as chaplain at a Dublin community school. The court heard evidence that the assaults occurred at various locations, including the victim's home and within the school premises. In her victim impact statement, the man described severe and lasting trauma, including suicide attempts, substance abuse, and diagnosed PTSD. Judge Patricia Ryan noted the serious abuse of trust inherent in the offence and the significant age disparity involved. She acknowledged mitigating factors including Jennings' previous good standing but determined that a custodial sentence was unavoidable. The sentence was backdated to account for time already served.
In October 2019, a 28‑year‑old man named James Brady, together with an unnamed accomplice, attacked and killed 53‑year‑old Timothy 'Timmy' Hourihane, a former chef, at a homeless camp in Cork city centre. The assault was unprovoked, brutal and fueled by alcohol and drugs. Witnesses testified that Brady repeatedly stamped on Hourihane's head and body and kicked him in the groin, leading to a collapsed lung, severe facial and head trauma, and death by inhalation of blood and cardiac arrest. After a four‑week trial, Brady was convicted of manslaughter, not murder, and sentenced to 13 years' imprisonment, with the final two years suspended. The judge noted Brady's prior convictions and the impact of the crime on Hourihane's family, including his son Elliot and brother Denis, who expressed profound grief and a desire for justice. The case highlighted the dangers faced by homeless individuals in the area. The unnamed 28-year-old pleaded not guilty.
In a Central Criminal Court sentencing hearing on 1 April 2022, Trevor Rowe, a 30‑year‑old drug addict, was given a mandatory life sentence for the murder of 70‑year‑old Anne Butler on 20 March 2020. Butler was stabbed, beaten, had her throat slit and was found with a large piece of cardboard in her mouth and a strip of her ear in the living room. Rowe, who remained unmoving and head‑bowed during the hearing, admitted to killing Butler, saying he had "slit her throat and stuck a knife in her head". He had 31 prior convictions, including drug offences and assault. The judge, Ms Justice Karen O'Connor, imposed the life sentence, noting the "unimaginable grief" caused to Butler's family. The hearing included victim impact statements from Butler's daughter Elayne and sister Paula, describing Butler as brave, kind and devoted.
In March 2022 the Court of Appeal heard that a mother of three had been acquitted of sexually assaulting her children, despite admitting to abuse during a lie‑detector test. The judge had ruled that the admissions made to a forensic psychologist using a polygraph were inadmissible. The DPP now seeks a determination that the judge erred in excluding the evidence and requests the acquittal be quashed and a retrial. Gardai had visited the family home after Europol tipped that child‑abuse images were being uploaded. The children were placed into care following a High Court order. The woman had denied knowledge of the abuse to police but later admitted awareness of her husband's interest in child pornography and his abuse of the children, and that she had also participated.
An appeal by Ms Bridget Delaney of Dungarvan, Co Waterford, has been lodged before the High Court to challenge new personal injury guidelines introduced in April 2022. The case, heard by Mr Justice Charles Meenan, seeks to set aside the guidelines adopted by the judicial council in March 2021, arguing they unfairly reduce awards by 40% and are unconstitutional. Ms Delaney claims the Personal Injuries Assessment Board (PIAB) delayed her assessment until the guidelines were in force, breached fair procedures, and acted outside its powers. She alleges a fractured ankle from a fall on a public footpath in April 2019, sustained while Waterford City and Council were negligent, and that the PIAB's €3,000 award is insufficient. The action requests quashing of the PIAB assessment, declaration of unlawful guideline adoption, and other declarations, while the State and PIAB seek dismissal. The hearing is ongoing.
Two firefighters, Sub‑Station Officers Robert Bible and Michael Malone, received €1,000 each in compensation and back‑pay for being under‑paid on public holidays. The cases were decided by the Workplace Relations Commission after the firefighters, who work an eight‑day roster with two daytime and two overnight shifts, argued that their public‑holiday pay should be calculated as a fraction of their weekly pay. The commission ruled that the council had breached the Organisation of Working Time Act by excluding overtime, meal allowance, Saturday premium and night premiums from the public‑holiday calculation, but that Sunday and night premiums should have been included. The council was ordered to pay the firefighters €181.76 and €162.41 respectively for losses on Christmas, St Patrick's Day and the May Bank Holiday in the six months before the complaints. A third firefighter, Ross Skelly, is still awaiting a decision.
In a Central Criminal Court hearing, Elliot Hourihane, the only son of Timothy 'Timmy' Hourihane, expressed that he will be forever haunted by the horror of his father's death. He described the event as a brutal assault that left his father, a former chef, with a collapsed lung and severe head trauma, leading to death by inhalation of blood and cardiac arrest. Elliot said he had hoped to help his father escape homelessness, but that hope was lost. He also noted that there were no winners, only losers, after James Brady, who was convicted of manslaughter, admitted to the killing. The court heard victim impact statements from Elliot and his brother Denis, who described the lasting trauma of seeing his brother's battered body. The sentencing was adjourned to April 25. James Brady pleaded not guilty.
In March 2022, a 28‑year‑old man was sentenced to eight and a half years in prison for forcibly entering a flat, raping a 16‑year‑old girl and threatening to kill her if she reported the assault. The Central Criminal Court heard that the defendant had previously called the victim's older sister's home in Waterford in January 2019, found the teenager alone, and forced his way into the flat. He carried her into a bedroom, raped her, and ignored her pleas to stop. He threatened her with death if she told anyone. The victim later called her sister, who alerted Gardaí, who arrested the man. He denied any contact, claiming the victim had "come on to him." Forensic evidence found his semen on the victim's clothing. The defendant pleaded guilty to rape on 12 January 2019. He was sentenced to ten years, reduced by six months and a year suspended, after a guilty plea and apology.
In a Central Criminal Court trial, a jury found Trevor Rowe, 30, guilty of murdering 71‑year‑old Ann Butler on 20 March 2020. The jury deliberated for 1 hour 19 minutes, rejecting Rowe's intoxication defence. Evidence included three anonymous 999 calls from 25 March 2020 in which Rowe admitted the murder and identified the body's location on Maudlin Street, Kilkenny. Gardaí discovered Rowe at his Abbey Street apartment, where he confessed to killing Butler, slitting her throat and stabbing her head. Forensic evidence linked a Linden Village cider can and a wooden crucifix fragment to Rowe, and a large piece of cardboard was found in Butler's mouth. The judge will impose a mandatory life sentence on 1 April and remand Rowe until then. The Butler family will be allowed to address the court on the impact of the death. Trevor Rowe pleaded not guilty.
The Supreme Court has agreed to hear a claim that parts of an 11‑turbine wind farm at Ballyduff, operated by Barranafaddock Sustainable Electricity Limited, were built without proper authorisation, making them an unauthorised development. Local residents argue that the wind farm should be shut down because the turbines exceed the dimensions approved in the 2011 planning permission. The operator had originally applied for turbines with a 90‑metre rotor blade diameter, but in 2013 consultants submitted a change to increase the diameter to 103 metres, while the tip heights remained as in the 2011 permission. The council's response was a letter stating "noted and agreed" without explicit approval of the diameter increase. The turbines were built and became operational in 2015. Residents brought High Court proceedings, and Mr Justice Garrett Simons ordered a restraint on the turbines that were not authorised. The operator appealed to the Court of Appeal, which ruled in its favour.
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.
In a Kilkenny murder trial, Trevor Rowe, 29, pleaded not guilty to killing 71‑year‑old Ann Butler on 20 March 2020. During the hearing, Rowe admitted to the killing, describing how he slit Butler's throat and stabbed her head, and claimed he had committed five other murders, worked for the Kinahan Cartel, and received €5,500 for a murder. Garda Detective Martin Power recounted how Rowe collapsed in tears at the station, confessed to the crime, and later led officers to a house on Maudlin Street where a body was found. Rowe was arrested at 7.38 pm that evening. The trial, presided over by Ms Justice Karen O'Connor, continues with a jury of twelve. The case remains at the evidence‑gathering stage.
In a trial held in Kilkenny, Trevor Rowe, aged 29, pleaded not guilty to the murder of 71‑year‑old Ann Butler, who was found dead in her home on Maudlin Street on 20 March 2020. The prosecution presented evidence that Rowe made three anonymous 999 calls on 25 March 2020, each claiming he had killed a woman and that the body was behind Langtons Hotel. In the first call, the caller demanded to be called "God" and threatened further murder if the Gardaí did not take him seriously. The second call repeated the claim that he had stabbed and sliced a woman's throat, and the third call was made from a different number. Garda officers, including control‑room operator Padraic McInerney, recorded the calls and traced the numbers to a mobile phone owned by Noel Pierce, who lived at Cathedral Square. The Gardaí subsequently visited Rowe's home, where he had briefly used Pierce's phone.
In February 2022 the Workplace Relations Commission awarded law lecturer Kathleen Moore Walsh €25,000 after finding Waterford Institute of Technology had victimised her by failing to re‑run a promised recruitment process for a promotion. The decision followed a history of complaints by Walsh, who had previously received €15,000 in 2006 and €5,000 in 2002 for victimisation and discrimination. The commission noted that WIT had misled the Labour Court about its intention to re‑run the 2013 interview process and had not honoured assurances that a new competition would be held. The adjudicator, Breiffni O'Neill, rejected claims of gender discrimination and compensation for lost earnings, but ordered the college to pay Walsh €25,000 for distress caused by the victimisation and to implement procedural safeguards for future hiring. The award brings Walsh's total compensation for victimisation to €45,000.
In a 2022 High Court decision, Mr Justice Charles Meenan ruled that a judge's participation in the 2021 Judicial Council vote on new personal injury guidelines does not bar them from hearing the lead challenge to those guidelines. The case, brought by Ms Bridget Delaney of Co Waterford, seeks to quash the Personal Injuries Assessment Board's (PIAB) assessment of her claim and the Council's adoption of the guidelines. Ms Delaney alleges her €3,000 award was insufficient and that the guidelines were adopted in a manner that infringed her constitutional rights. The judge dismissed the motion to recuse, stating that voting on the guidelines does not interfere with a judge's duty to be fair and impartial. The decision affirms that judges, like all citizens, must follow the law and that the Council's actions were within constitutional bounds. The case remains a test challenge against the State and PIAB.
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.
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.
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.
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.
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.
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.
In a Waterford case, the Workplace Relations Commission found that a bar worker, Claire O'Neill, was dismissed by text after she raised concerns about sexual harassment by two patrons. The commission held that the pub owners failed to protect her from overt and hostile sexual harassment and that her dismissal was linked to her complaints. The adjudicating officer, Patsy Doyle, concluded that gender discrimination played a role and ordered the owners to pay €30,000 – €25,000 for discrimination and €5,000 for discriminatory dismissal. The case highlighted the lack of robust employment policies at the pub and the owners' failure to investigate the harassment allegations. The ruling emphasized that the owners' decision to terminate O'Neill's employment was careless and callous, and that the workers' conduct was not a mitigating factor in the decision. The decision was based on the evidence presented at the hearing and the commission's assessment of the circumstances. The ruling was made on 25 May.