In a High Court preliminary hearing, Mr Justice Charles Meenan is asked to decide whether a judge who voted in March 2021 to adopt new personal injury guidelines should recuse themselves from hearing a case brought by Ms Bridget Delaney of Co Waterford. Ms Delaney, represented by Feichin McDonagh SC and Dermott Cahill SC, seeks a judge who did not take part in the vote to hear her case, arguing a perception of bias. The State, represented by Eoin McCullough SC, argues that all judges appointed after the vote are members of the Judicial Council, and that no division of the Supreme Court or Court of Appeal could hear an appeal on the matter. The Judicial Council has taken a neutral stance. Mr Justice Meenan has reserved judgment and will issue a written ruling soon, with other preliminary matters to be addressed next week.
In a murder trial, the jury heard a 999 call from 17‑year‑old Dean Kerrie, who said he stabbed fisherman Jack Power "by accident" after Power entered his home. Kerrie claimed he feared for his life and that Power had come in the front door. The call, recorded at 3.44 am, included Kerrie's description of the incident, the knife used, and his statement that he did not intend to kill. The prosecution also played a call from Kerrie's mother, Ann Fitzgerald, reporting broken windows. Evidence presented included forensic findings of blood on a wooden chair leg, a rock on a couch, and a black knife with a palm mark. The trial, presided over by Ms Justice Eileen Creedon, continues with a jury of eight men and four women. The case remains at the hearing stage. Dean Kerrie pleaded not guilty.
In a murder trial heard on 8 February 2022, a 20‑year‑old teenage boy, Dean Kerrie, pleaded not guilty to the killing of 25‑year‑old fisherman Jack Power in Shanakiel, Dunmore East, Waterford, on 26 July 2018. Kerrie told Gardaí that he had been asleep when a man broke into his home in Portarlington, attacked his mother, and that he stabbed the intruder with a knife. He was arrested on suspicion of assault causing harm and cautioned. Garda evidence described a broken front window, a broken chair, a kitchen knife on the floor, bloodstains on clothing and a black‑and‑white handled knife found at the scene. The prosecution noted a single stab wound to Power's chest and that Power was declared dead at the scene. The trial continued before Justice Eileen Creedon with a jury of eight men and four women. The case remains at the trial stage.
During the Central Criminal Court hearing on 7 February 2022, a 20‑year‑old accused of murdering 25‑year‑old Jack Power was described as clutching a bottle of holy water moments after telling his cousin he was "after stabbing him." The accused, Dean Kerrie of St Brigid's Square, Portarlington, pleaded not guilty. Witness Shane Fitzgerald, a cousin of Kerrie, recounted that the day before the alleged offence the three men had swum at Badger's Cove and spent the day together, with Fitzgerald returning home at about 11 pm to watch Netflix. At around 3 am the next morning, Fitzgerald heard a loud bang and saw Christopher Lee, Power's best friend, shouting that he was going to kill him. Fitzgerald tried to call Kerrie but received no answer. He then walked to Kerrie's house, where he found Power lying on the ground.
An eye witness, Christopher Lee, 29, broke down while giving evidence in the murder trial of Dean Kerrie, 20, charged with killing 25‑year‑old Jack Power on 26 July 2018. Lee described seeing Power and another man at the entrance of the Shanakiel estate early that morning. He recalled Power running toward Kerrie's house, where a long knife was held. Lee said Power turned to walk toward him, and Kerrie stabbed Power with the knife. Lee, who was shouting at Power, could not see the exact moment of the stabbing but noted Power's back to him and that Power was injured. After the incident, Lee ran to his father's house, called the gardai and ambulance, and used a golf club to break three windows in Kerrie's house. The trial is ongoing before Justice Eileen Creedon and a jury. Dean Kerrie pleaded not guilty.
In a Central Criminal Court hearing, a jury may have to consider self‑defence in the trial of Dean Kerrie, then 17, accused of murdering 25‑year‑old Jack Power in his home in Shanakiel, Dunmore East, on 26 July 2018. Kerrie pleaded not guilty. The prosecution, led by Michael Delaney SC, presented evidence that Power, intoxicated after a night out at a local pub, drove to a cul‑de‑sac near Kerrie's house, where he was allegedly agitated over damage to his car's wing mirror. Witness Christopher Lee testified that Power entered Kerrie's house, a scuffle ensued, and Kerrie stabbed Power in the chest with a knife. Power collapsed outside, was taken to hospital, and died from a 13‑cm stab wound. A post‑mortem found blunt‑force trauma to Power's head and a high alcohol level.
A 20‑year‑old man, Dean Kerrie of Portarlington, faces trial for the murder of 25‑year‑old Jack Power in Waterford. The alleged killing occurred on 26 July 2018 at Shanakiel, Dunmore East. Kerrie was arraigned at the Central Criminal Court, pleaded not guilty, and a jury of nine men and three women was sworn in. The trial, before Justice Eileen Creedon, is set to start Thursday morning and is expected to last two weeks.
Airmount Beauty Limited, trading as The Manicure Company, has brought High Court proceedings against Manitrnd Ltd, alleging that the defendant has cloned its website and is passing off its goods. Airmount claims that the defendant's site uses text and product images almost identical to its own, with the defendant's brand name added and Airmount's name removed. The plaintiff also says it ordered a sample of the defendant's products to compare them, finding striking similarities. Airmount seeks injunctions to stop the defendant from advertising, selling or distributing similar products and from using its database, and also seeks damages for breach of contract, negligence and misrepresentation. The case was heard ex‑parte by Mr Justice Mark Sanfey, who granted Airmount permission to serve short notice of the proceedings, with the matter set to return later in the week.
The High Court has set a date for a preliminary hearing in the lead challenge against new personal injury guidelines. Mr Justice Charles Meenan determined that a fundamental issue must be resolved first: whether a judge who participated in the 2021 judicial council vote to adopt the guidelines should recuse themselves from hearing the case. This motion, brought by applicant Bridget Delaney, is scheduled for a two-day hearing starting February 9. Ms Delaney, represented by Feichin McDonagh SC, seeks the recusal of any judge who voted on the guidelines. The State, represented by Catherine Donnelly SC, opposes this motion and has raised concerns about the Delaney action serving as the lead case, suggesting a more advanced challenge should take precedence. However, the judge prioritized the recusal issue. All other preliminary issues in Ms Delaney's case and the other challenges were adjourned to February 16. Ms Delaney's judicial review proceedings against the Personal Injuries Assessment Board (PIAB), the Judicial Council, Ireland, and the Attorney General seek to quash PIAB's assessment of her claim and the Council's decision to adopt the guidelines. She alleges PIAB acted outside its powers and breached her rights to natural and constitutional justice. The claims are denied by the respondents.
A 23‑year‑old Stephen Butler was jailed for four years after he killed his 48‑year‑old father John Butler during a fist‑fight that erupted moments after the pair left a pub in Portlaw, Co. Waterford. Butler told gardai he did not intend to kill his father and claimed the fight was simply a row. He pleaded not guilty to murder but admitted manslaughter. After an eight‑day trial in October 2021, the jury accepted his defence and he was remanded for sentencing. At the hearing, Mr Justice Paul Burns noted the lack of premeditation, no weapon, and Butler's remorse. The judge sentenced Butler to five years' imprisonment, with the final year suspended for five years, citing his lack of prior convictions, early guilty plea, cooperation with investigators and genuine remorse. The case highlighted the tragic impact on Butler's sister Katilyn, who lost her father and now struggles to forgive her brother.
Dean Flynn, 25, a repeat offender with 55 convictions, had pleaded guilty to assaulting Garda Stephen Noonan and Garda Mark O'Dwyer after breaching a court order that barred him from his mother's house. The original sentence, imposed by Judge Eugene O'Kelly, was five years for the assault on Noonan and five months for the assault on O'Dwyer, both to run concurrently. Flynn's lawyers appealed, arguing the headline sentence was too high and the one‑year discount insufficient. The Court of Appeal quashed the original sentence and imposed a new term of three years and three months. Mr Justice Patrick McCarthy, sitting with Judges George Birmingham and Aileen Donnelly, re‑sentenced Flynn to four years imprisonment with nine months suspended, citing the early guilty plea and Flynn's suitability for rehabilitation. Flynn, after being asked to enter a good‑behaviour bond, wished the judges a 'Happy Christmas' before being led away.
A 20‑year‑old woman, who was sexually assaulted by her mother's partner, Dean Hurley, when she was 12, has begun training as a police officer in the UK. She gave permission for Hurley's name to appear in the sentencing report but asked that she not be named. She disclosed the abuse a year later after learning about sexual abuse in school, left the family home, and has lived with her father in England since. Hurley, 51, was jailed for three years after a jury at Dublin Circuit Criminal Court convicted him following a three‑day trial in October. He pleaded not guilty to the assault that occurred between 1 and 30 October 2013. The woman's victim impact statement described the abuse, her mental health struggles, and her hope to help other abused children through her future policing work.
In a Central Criminal Court hearing, 19‑year‑old Katilyn Butler testified that her life was "changed forever" after her mother informed her that her father, John Butler, had died from injuries sustained in a fight with her brother, Stephen Butler. Katilyn, who still loves her brother but says she can never fully forgive him, described the shock of learning of her father's death at 4 a.m. at University Hospital Waterford, two hours after the altercation. She recounted the emotional impact, her anger toward Stephen, and her hope to rebuild their relationship. The court also heard a victim impact statement from Stephen's brother, William Butler, who lamented the loss of a family member. Stephen Butler, aged 23, had pleaded not guilty to murder but admitted manslaughter; the jury found him not guilty of murder but guilty of manslaughter, and he was remanded for sentencing. Mr Justice Paul Burns adjourned the sentencing until 24 January.
The High Court heard that several challenges to new personal injury guidelines are creating real difficulties in processing claims. The challenges, aimed at setting aside guidelines adopted by the judicial council in March 2021, are opposed by the State and the Personal Injuries Assessment Board (PIAB). The lead case, brought by Ms Bridget Delaney, was deemed the first to be heard. Eoin McCullough SC for the State argued that the challenges affect thousands of claims and called for an early trial date. Douglas Clarke SC for PIAB supported the State's request, while Feichin McDonagh SC for Ms Delaney said a date would be premature given outstanding pre‑trial matters. Justice Charles Meenan noted a mismatch between judges and workload, adjourned the cases to January, and directed an exchange of pleadings to expedite matters. Ms Delaney seeks to quash PIAB's assessment and the judicial council's adoption of the guidelines, alleging procedural and constitutional violations.
In November 2021 the High Court quashed Waterford City & County Council's decision not to build a seven‑bay Traveller halting site at Carrickphierish Road. The council's elected members had voted 16‑to‑2 against the development in March 2021. Two Irish Traveller community members, Ellen Delaney and Mary O'Reilly, sued for judicial review, arguing that the council failed to give proper reasons, relied on erroneous claims about Covid‑19 assistance, ignored overcrowding at a nearby Traveller housing scheme, and acted after the Chief Executive's February 2021 recommendation. The applicants, represented by the Free Legal Advice Centres, sought an order quashing the decision, declarations that the decision was irrational, unreasonable and breached housing obligations and human rights legislation, and that the council pay their legal costs. The court agreed to quash the decision and order the council to pay the applicants' costs.
Patrick Quirke, aged 52, lost his appeal against a 2019 conviction for the murder of DJ Bobby "Mr Moonlight" Ryan, aged 52, whose decomposed body was found in a disused slurry tank on a farm leased by Quirke. The Court of Appeal rejected more than 50 grounds of appeal presented by Quirke's lawyers. Judge George Birmingham, delivering the judgment, said he was not persuaded by any of the arguments and expressed unease about the trial's extensive legal argument. He noted the trial was the longest in Irish history, lasting 71 days, and described the number of voir dire as extraordinary. Quirke was not present at the hearing but watched via video link. The court upheld the jury's guilty verdict and the life sentence imposed in 2019. The appeal court also dismissed the defence's claim that the trial judge should have declared the trial unfair. The judgment reaffirmed that the evidence, though circumstantial, was sufficient for conviction.
A 59‑year‑old man was sentenced to six months' imprisonment for two indecent assaults on his younger niece when he was a teenager. The assaults, committed between 1976 and 1979, involved the niece aged six to eight and took place in her family home, first in a bedroom and later in a bathroom. The Central Criminal Court in Waterford found the defendant guilty of two charges of indecent assault after he denied the allegations. Justice Mary Rose Gearty initially imposed a 20‑month sentence, citing the victim's very young age, the home setting and the lasting impact of the assaults. She reduced the term by ten months, suspended the final four months, and gave credit for the defendant's lack of further serious offences and his otherwise "largely blameless" life since 1979. The victim's impact statement described a lifetime of pain and avoidance, and the court noted the defendant's absence of remorse or a guilty plea.
At the Central Criminal Court, a 16-year-old juvenile was sentenced for violent disorder committed on Bandon Road, Cork, on January 16, 2020, the night Cameron Blair was murdered. The boy, who was 14 at the time, pleaded guilty to committing violent disorder and producing a knife to intimidate others. Although the DPP entered a nolle prosequi regarding the knife charge, Mr Justice Keane considered the trial evidence, noting the boy armed himself with a butter knife and struck a young woman in the face. The judge described the conduct as deliberate and calculated, contributing to the febrile atmosphere surrounding the murder. In mitigation, the court accepted his age, guilty plea, and lack of prior convictions, reducing a headline sentence of six years to four. He was ordered to serve two years in detention and two years under Probation Service supervision. The finalisation of the sentence was adjourned until next week to determine placement at Oberstown Children Detention Campus. Separately, Scott O'Connor, 19, of Churchfield, Cork, who brandished a knife at the scene, was jailed for two years. Another juvenile pleaded guilty to Blair's murder and received a life sentence.
Ross Outram, aged 30, was convicted in 2019 by a Central Criminal Court jury of murdering 90‑year‑old Paddy Lyons, the oldest man in his village, at Loughleagh, Ballysaggart, Lismore, Co. Waterford. Lyons was found dead in his armchair with blood on his face; he had suffered multiple blows to head and neck, fractures of hip, jaw and ribs, with the hip fracture deemed the cause of death. Outram, previously convicted of burglary and assault, claimed self‑defence, arguing that Lyons' fatal fall was unrelated to the assault. The Court of Appeal rejected this appeal, stating that the prosecution had proven beyond reasonable doubt that the assault caused the fall and hip fracture. The appeal was dismissed, leaving Outram's life sentence intact.
Ms Bridget Delaney, aged 25, fell on a public footpath in Dungarvan on 12 April 2019, fracturing a bone in her right ankle. She received medical treatment, physiotherapy and a walker boot for about four weeks. Ms Delaney sued Waterford City and County Council, claiming negligence. In June 2019 she filed a claim with the Personal Injuries Assessment Board (PIAB). PIAB assessed her entitlement to €3,000 in general damages, citing new personal injury guidelines that came into force in April 2020. Ms Delaney rejected the assessment, arguing it was insufficient, delayed, and breached fair procedures. She alleges PIAB acted outside its powers and that the Judicial Council's adoption of the guidelines violated her constitutional rights. In March 2021 the Judicial Council voted to adopt the new guidelines.
In a High Court case, Janvier Tumusabeyezu, a Rwandan security guard, was injured when the car he rode in, driven by Daniel Muresan, crashed near Mullingar. Tumusabeyezu suffered soft tissue injuries, a bowel perforation, shoulder and back injuries, and later had abdominal surgery. He sued Muresan, who admitted negligence, and the Motor Insurers Bureau of Ireland (MIBI). The High Court ruled that MIBI was not liable for damages awarded to Tumusabeyezu. Muresan had no insurance, licence, NCT or tax on the Mitsubishi Colt. He claimed he had informed passengers of the lack of insurance, but Tumusabeyezu and two other passengers denied this. The High Court accepted Muresan's account, supported by a garda sergeant's testimony. Tumusabeyezu appealed, but the Court of Appeal dismissed the appeal, affirming the High Court's decision and ruling that the claim against MIBI must fail. The case remains at the appeal stage.
In a High Court hearing on 21 June 2021, two members of the Irish Traveller Community, Ellen Delaney and Mary O'Reilly, brought a judicial review against Waterford City and County Council. The council's elected members had voted 16‑2 in March 2020 to refuse to build a seven‑bay halting site on Carrickpherish Road. The applicants argue the decision was flawed, lacking proper reasons, and was made after the council's Chief Executive had recommended construction in February 2021. They claim the council relied on erroneous assertions, such as the site being a Covid‑19 assistance measure, and ignored the overcrowding of a nearby Traveller group housing scheme. The applicants seek an order quashing the decision, declarations that no reasons were given, that the decision was irrational and unreasonable, and that it breached local housing obligations, human rights legislation, Traveller Accommodation laws and the 2014 Human Rights and Equality Commission Act.
In a Central Criminal Court hearing on 14 June 2021, Stephen Keane, aged 31, was sentenced to life imprisonment for the murder of 60‑year‑old John Lowe in Portlaw, Waterford, on 13 December 2018. The court heard victim impact statements from three of Lowe's sisters, who described the loss of their brother and the emotional devastation caused by his brutal death. Keane had pleaded guilty to manslaughter but not to murder, claiming a single punch after an alleged argument over a silver box and that Lowe had approached him with a knife – evidence that gardaí could not confirm. The jury heard that Keane had attempted to resuscitate Lowe and that he was heavily intoxicated on the day of the incident. The life sentence was back‑dated to the date of the murder. The judge offered condolences to Lowe's family. The hearing concluded with the sentence imposed. Stephen Keane was found guilty.
In September, a woman, whose name is withheld for legal reasons, will stand trial at the Central Criminal Court in Waterford for the murder of a two‑year‑old child on 5 July 2019. The case, originally scheduled for February, was postponed due to Covid‑19 restrictions that halted jury swearing‑in. The court has indicated the trial could last up to four weeks. At the February hearing, an order was imposed to anonymise the accused following a defence application.
Robert Devine, aged 44, and his son Lee Kelly, aged 21, appealed the sentences imposed for a 2017 burglary and assault at the O'Reilly home. The original 20‑year sentence for Devine (12 years for burglary, 4 years each for two assault counts) and 17‑year sentence for Kelly (10 years suspended) were quashed. The Court of Appeal substituted a 12‑year term for Devine with the final two years suspended, and a 7‑year‑6‑month term for Kelly with the final year suspended. The four‑year assault sentences remain but will run concurrently. The appeal was based on the judge's error in imposing consecutive sentences for offences arising from the same incident. The Court noted the seriousness of the burglary and assault, the victims' injuries, and the defendants' guilty pleas and expressions of remorse. The decision was made by Justice Isobel Kennedy, with Justices George Birmingham and Patrick McCarthy.
Ross Outram, aged 30, appeals his 2019 life sentence for murdering 90‑year‑old farmer Paddy Lyons. He argues that the fatal hip fracture was not caused by his assault but by an accidental fall after he left the scene. His lawyer, Michael O'Higgins SC, notes that pathology showed a hip fracture, brain injury and head lacerations, but the hip injury could have resulted from a fall. O'Higgins cites blood‑pooling evidence suggesting Lyons was mobile after the beating and that forensic analysis found no blood on Outram's hoodie. He contends the prosecution failed to prove beyond reasonable doubt that the hip fracture was caused by the assault. The Court of Appeal has reserved judgment on the appeal. Ross Outram was found guilty.
Robert Devine, 44, and his son Lee Kelly, 21, appealed their sentences for a 2017 burglary and assault at the home of PJ and Brian O'Reilly. Devine had previously served a ten‑year sentence for manslaughter. The appeal was heard by a three‑judge Court of Appeal. Vincent Heneghan SC for the Director of Public Prosecutions argued that Judge Patrick Meghan should not have imposed consecutive sentences, but the director accepted the effective sentences of 12 and seven years. Ronan Munro SC for Devine presented evidence of rehabilitation, including prison education and positive reports from the prison governor, and requested a release with a programme of probation and addiction counselling. Kathleen Leader SC for Kelly highlighted his youth, remorse, and cooperation with Gardaí, and suggested a suspended portion of his sentence. The Court of Appeal reserved judgement. Robert Devine pleaded guilty. Lee Kelly pleaded guilty.
In a High Court case, Mr David Allen, a 70‑year‑old farmer from Johnville, Rathdangan, sued Start Mortgages and its appointed receivers, Mr Ken Fennell and Mr James Anderson of Deloitte, over his apartment at Atlantic Coast Apartments, Tramore. Allen had bought the unit in 2000 after borrowing €125,000 from Irish Life and Permanent. He alleged that Start's conduct after acquiring the loan was aggressive and that the receivers entered the apartment, changed the locks, and threatened his planned sale to repay the remaining €82,000 owed. Allen sought injunctions to prevent the receivers from entering or interfering with the property. The case was settled a few weeks ago, with the only remaining matter being the legal costs. Mr Allen's counsel, Hugh O'Flaherty BL, informed Justice Leonie Reynolds that the parties had consented to strike out the action without a costs order. The court had previously criticised the defendants' handling of the case.
The High Court has approved a €7.5m settlement in a medical negligence action brought on behalf of 17-year-old Kyle Corcoran. The proceedings, initiated by his mother Amy Corcoran, alleged that the HSE was negligent during Kyle's birth at St Luke's General Kilkenny Hospital on June 4, 2003. It was claimed that hospital staff failed to act on cardiotocograph readings indicating fetal distress, resulting in a clinically unacceptable delay in delivery. Kyle was allegedly born in an asphyxiated state, leading to cerebral palsy, a moderate learning disability, and the need for permanent care, including a gastrostomy peg. The HSE denied the claims, and the settlement was reached without an admission of liability following mediation. Mr Justice Kevin Cross approved the settlement, describing it as reasonable and noting that it would provide for Kyle's future care needs. The judge observed that a trial outcome was not guaranteed. An application to make Kyle a ward of court is planned. The matter was concluded with the approval of the settlement.
In a High Court hearing, counsel Hugh O'Flaherty BL represented 70‑year‑old farmer David Allen, who owns an apartment at Atlantic Coast Apartments, Tramore. Allen claimed that Start Mortgages and its receivers, Ken Fennell and James Anderson of Deloitte, had been appointed without legal entitlement and behaved "disgracefully." He alleged the receivers entered the apartment, changed the locks, and jeopardised his plan to sell the property to repay a €82,000 debt. Allen had secured a buyer that would cover the debt and had informed the parties of his intention to sell months earlier. The receivers' appointment was said to be aggressive and illogical, especially as the loan was performing. The court adjourned the case to allow the defendants' representatives to attend a remote hearing, with the judge noting the defendants' lack of timely response and the need to resolve costs and key provision. The matter was set to resume the following Monday.
In 2014 a 47‑year‑old man was convicted of eight sexual assault offences, including three oral rapes and one rape, against his partner's daughter aged six at the start of the abuse. He received a 12‑year prison sentence. The case involved uncorroborated evidence, such as text messages sent while he was in hospital after a paracetamol overdose, which he later denied. The victim, who was 17 at trial, had previously reported abuse to Gardaí with her grandmother in 2003 but withdrew the complaint. She later wrote a letter to a social worker in 2008 detailing escalating abuse that culminated in rape. At the appeal hearing, counsel argued that the trial judge's warning to the jury about the dangers of convicting on uncorroborated evidence was insufficient and that the jury may have been misled. The appeal remains pending.
In a 2019 Westlife concert assault, Jackie Walsh, 26, attacked a fellow attendee by grabbing her hair and splitting her ear lobe. The victim, who suffered visible blood and hair on her shorts, received medical treatment and later reported a severe headache. Walsh pleaded guilty to assault causing harm at Dublin Circuit Criminal Court. The judge noted her intoxication, lack of memory, and that the act was out of character. Walsh had no prior convictions and was dealing with mental health issues. She was sentenced to two and a half years' imprisonment, suspended in full on the condition of 12 months' probation supervision. She was ordered to transfer €3,000 to the victim within a week. The victim accepted the payment. The case concluded with the court acknowledging Walsh's remorse and the victim's willingness to accept the restitution.
In January 2021, Energia Group Holdings DAC and its subsidiaries Energia Renewables ROI Ltd and Energia Offshore Wind Ltd lodged High Court proceedings against the Minister for Housing, Local Government and Heritage and the Minister of State for Local Government and Planning. They challenged a decision made in October 2019 to introduce a priority order for processing foreshore licence applications. The priority order gave precedence to projects deemed most aligned with national policy, such as inter‑connectors and national test sites, while projects off Helvick Head in County Waterford and off Cahore Point in County Wexford – the sites for Energia's two offshore wind farm proposals – were assigned a lower priority. Energia argues that the minister lacks statutory authority to set such an order, that no reasons were provided, and that the decision has caused unreasonable delays to its applications, which were lodged 20 months earlier.
A social worker, Ms Claire Looney, has initiated a High Court action to prevent her employer, Waterford Intellectual Disabilities Association (WIDA), from dismissing her following a two-year suspension. The action is aimed at halting her dismissal from her role as Head of Clinical Services with an association that supports people with intellectual disabilities in the South East. Ms Looney alleges that her dismissal followed an extremely flawed process and that she was penalised by the HSE due to protected disclosures she made regarding the alleged abuse of a woman with intellectual disabilities, known as 'Grace', while she was in care. She claims she made protected disclosures to the Department of Health, the HSE, and the Dail Public Accounts Committee about the care of 'Grace' and others in the same placement in 2009. These disclosures led to the establishment of the Farrelly Commission in 2017. Ms Looney was suspended in 2018 and, despite being exonerated of an allegation regarding HIQA, was informed in August that she would be dismissed, a decision upheld on appeal in November. Counsel for Ms Looney argued that the investigation into the allegations against her was flawed and that the terms of reference changed, leading to new allegations. The matter was adjourned to a date in mid-January, with the defendant directed to produce a replying sworn-statement in reply to Ms Looney's claims before then.
High Court proceedings were adjourned to a date later this month in a dispute involving applicants Noeleen Ellickson, Orna Hoban, Fergus Hoban, and Waterford Castle against respondent Seamus Walsh. The applicants, represented by Frank Callanan SC, sought injunctions alleging that Mr. Walsh has been intimidating them and attempting to enter their family home in Ballinakill, Co Waterford. They claim Mr. Walsh believes he purchased their dwelling house from a receiver, although they assert the 2.3-acre plot containing the home was never part of the mortgage agreement held by AIB. Mr. Ellickson alleged that on October 17, Mr. Walsh attempted to remove a gate and acted aggressively, calling him a trespasser. The applicants stated that no undertaking was provided by Mr. Walsh to refrain from entering the disputed lands. Ms Justice Leonie Reynolds, hearing the matter on an ex-parte basis, granted permission to serve short notice of the proceedings. Noting the dispute had become "heated," the judge expressed hope that legal advice might help resolve the matter. The case was adjourned to a date later this month.
Patrick Quirke, aged 50, is appealing his conviction for the murder of Bobby "Mr Moonlight" Ryan, who was found dead in an underground tank in April 2013. The Court of Appeal heard that the appeal will involve 5,500 pages of trial transcript, with the State's documents still pending. Three days have been set aside for the hearing, with a possible extra day, and free legal aid has been approved. Quirke's counsel, Bernard Condon, aims to finish the appeal within the three days if possible. The appeal follows a 13‑week trial where a jury found Quirke guilty by a 10‑2 majority, and he received a mandatory life sentence. The case centres on allegations that Quirke killed Ryan to rekindle a relationship with Mary Lowry and staged the body's discovery after Lowry tried to terminate his lease. Quirke denies the murder and claims the prosecution failed to prove beyond suspicion, citing inconsistencies in Lowry's testimony.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby 'Mr Moonlight' Ryan, a 52‑year‑old part‑time DJ who vanished on 3 June 2011. The body was found in an underground run‑off tank on Ms Lowry's farm, leased by Quirke, in April 2013. Quirke denies the murder, arguing the prosecution failed to prove guilt beyond suspicion and that Mary Lowry, the alleged witness, is unreliable. The Central Criminal Court jury found him guilty by a 10‑2 majority after 13 weeks of trial, and he received a mandatory life sentence. The Court of Appeal will hear his appeal remotely on 13 October, with both sides submitting over 100 pages of legal material. The hearing is expected to last less than four days, though the exact duration remains to be confirmed by the court. The case remains at the appeal stage, with no further outcome announced.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby Ryan, a 52‑year‑old part‑time DJ known as 'Mr Moonlight'. The Court of Appeal heard that the appeal could last up to four days, though the President, Mr Justice George Birmingham, hoped for a shorter hearing. Quirke denies murdering Ryan, who disappeared on 3 June 2011 after leaving his girlfriend Mary Lowry's house. Ryan's body was found in an underground run‑off tank on Lowry's farm, leased by Quirke, in April 2013. The prosecution argued Quirke killed Ryan to rekindle a relationship with Lowry and staged the body's discovery after Lowry sought to terminate the lease. Quirke's lawyers claim the evidence is inconsistent and unreliable, particularly Lowry's testimony.
An Italian woman, Ms Martina Romagnoli, is sued by former lover Jose Alfredo Hernandez Ortega and his company Leeston Enterprises SA for moving two valuable horses to Ireland. Ortega claims ownership of the grey stallion Milton, pre‑selected for Belgium's Olympic team, and the gelding Diego, slated for the European Championships, each worth €4‑4.5 m. The High Court granted Ortega a temporary injunction preventing sale or removal of the horses. The case involves Romagnoli's Irish companies, alleged to run Bunmahon Sporthouse Stud, and Ballinasisla Stud Ltd, owned by Richard Fitzgerald, who is also secretary of Romagnoli's companies. Ortega alleges the horses were taken to Ireland to escape his control. Romagnoli claims 50 % ownership of each horse and opposes appointing receivers, arguing it would damage her reputation. The judge adjourned the matter, directed parties to secure insurance, and to keep the horses' passports during proceedings.
The Central Criminal Court will resume jury trials from the end of August across multiple venues in an effort to address the significant backlog of cases suspended during coronavirus lockdown restrictions. Mr Justice Paul McDermott announced that trials will be listed in Dublin, Cork, Limerick, Waterford, and Castlebar, with Dublin and Cork hosting proceedings for five weeks from August 31st, while the other locations will accommodate trials for shorter periods. Two pilot trials are scheduled to commence in Dublin on July 20th to test safety protocols and social distancing measures. Justice McDermott acknowledged that although resumption of trials represents progress, the capacity will address only approximately 25 per cent of adjourned cases. He noted the impact on complainants, families, and bereaved persons, as well as the continued custody status of numerous accused persons awaiting trial. Courts were adapted with screens and safety measures to facilitate jury proceedings while maintaining public health requirements.
A Mexican businessman, Jose Alfredo Hernandez Ortega, and his Panama‑registered company Leeston Enterprises SA have brought a High Court action in Ireland against former Italian partner Martina Romagnoli and several Irish‑registered companies. Ortega claims that Romagnoli moved two valuable horses, a grey stallion named Milton and a gelding named Diego, from a Belgian stud to Ireland without his permission. The horses are slated to represent Belgium in the Olympic Games and the European Championships. On Thursday, Ms Justice Reynolds granted temporary injunctions preventing the horses from being sold or moved out of Ireland, requiring the defendants to preserve any semen samples from Milton and to disclose the horses' whereabouts. The injunction also restrains the defendants from inseminating other horses with Milton's semen. The case will return to court next week.
In a High Court case, environmental activist Peter Sweetman successfully challenged the State's decision to remove protections for the freshwater pearl mussel from the Munster Blackwater Special Area of Conservation. Sweetman sought to quash any legislation or administrative act that would remove the species as a "qualifying interest" and also to invalidate the 2018 EU Environmental Objectives (Freshwater Pearl Mussel Amendment) Regulations issued by the Minister for Culture, Heritage and the Gaeltacht. He argued that the regulations breached EU directives, including the Habitats Directive, by eliminating obligations such as setting ecological quality objectives for the entire Blackwater river, enforcing emission limits for discharges, and investigating pressure sources on the mussels. The court granted Sweetman permission to proceed, agreed to quash the statutory instrument on the basis of a breach of the Strategic Environmental Assessment Directive, and ordered the State to pay his legal costs. The orders were formally perfected by Mr Justice Charles Meenan.
The Court of Appeal has increased the prison sentences of four men convicted of robbing the Cleaboy Post Office in Waterford on May 3, 2018. Alan Wall, Michael Tynan, Conor O'Connor, and Barry Walsh each pleaded guilty to robbery and possession of a sawn-off shotgun. The original sentences, deemed unduly lenient by the Director of Public Prosecutions, were five years for Wall and Tynan (with 18 months suspended) and six years for Walsh and O'Connor (with 12 months suspended). The Court of Appeal, presided over by Mr Justice John Edwards, re-sentenced the defendants to longer terms: Wall to seven years, Tynan to seven years and three months, Walsh to seven-and-a-half years, and O'Connor to eight years. Additionally, concurrent five-year sentences were imposed for the firearms offences. The court found the initial headline sentences too low and noted that too much credit was given for mitigating factors. The robbery involved the use of a firearm and hammers, resulting in the theft of approximately €45,000. The appeal was successful, leading to these increased custodial terms.
In the High Court, Susan McGovern, a former prisoner at Limerick Women's Prison, brought a damages claim against the Irish Prison Service, the Minister for Justice, Ireland, the Attorney General, and the Governor of Limerick Prison. McGovern alleges that the slopping-out regime imposed on her between 2000 and 2003, and again from April 2012 to May 2013, constituted degrading treatment that breached her constitutional and European Convention on Human Rights. She claims that sleeping on mattresses in overcrowded, unhygienic cells without toilets, and using a shared bucket in plain view of cellmates, deprived her of human dignity and affected her physical and mental health. The State parties deny these allegations and argue the claim is statute-barred. Counsel for the State suggested the case be referred to a State redress board, following a Supreme Court ruling that awarded damages to former prisoner Gary Simpson for similar conditions. Ms Justice Leonie Reynolds directed the State parties to file a defence within 12 weeks and adjourned the action. Separately, a claim by Christopher Coakley regarding his detention at Mountjoy Prison in 2011 and 2012 was mentioned before the Master of the High Court. Coakley alleged he was forced to defecate into a pot or bag in the presence of cellmates. Although an application to remit the claim to the Circuit Court was pending, the Master was informed that the matter had been resolved between the parties.
In a 2020 Court of Appeal decision, Mr Justice George Birmingham urged that judges should not shy away from starting at the maximum five‑year sentence for section 3 assault cases, especially when the offence is "high‑end". He cited three Waterford cases where the original sentences were deemed unduly lenient. Martina McGrath (27) received an extra two years for stabbing a pregnant woman; Dale Brazil (25) was given an additional year for attacking a man with a metal bar; and Mark Dolan (32) avoided a return to jail after a six‑month term for smashing a rugby player's face, having "completely turned his life around". Birmingham noted aggravating factors such as use of a weapon, multiple assailants, pre‑planning and significant injuries, and argued that the headline sentences in all three cases should have been five years before any reduction for mitigating circumstances.
Craig McGrath, 26, of Rathfaddan Park, Waterford, pleaded guilty to the manslaughter of Damien O'Brien, 27, on 13 July 2018. McGrath had earlier been on bail for an assault. The incident occurred at the junction of John Street and Manor Street on 7 July 2018 when McGrath punched O'Brien twice to the head, causing a broken eye socket, nose and jaw. O'Brien was unconscious and later died from a fatal brain injury when his head struck the ground. CCTV showed McGrath shadow‑boxing after the attack. McGrath also pleaded guilty to assaulting Kiefer Dowling in 2017, for which he received five years and a consecutive 2½‑year sentence, the final two years suspended. The Director of Public Prosecutions appealed, and the Court of Appeal re‑sentenced McGrath to seven years for the manslaughter and a consecutive 2½‑year sentence for the Dowling assault, with the final two years suspended.
In the Central Criminal Court, Aaron Brady, 28, pleaded not guilty to the capital murder of Detective Garda Adrian Donohoe, 41, and to a robbery charge. Brady admitted that the first account he gave to Gardaí after the shooting was untrue, claiming he did not think they would investigate it thoroughly. He explained that he had been with a BMW driver the day after the incident, traveling around the area, eating at a local restaurant, and staying at his girlfriend's house until 3 a.m. Brady said he was unaware of the shooting until that morning. Inspector John Moroney noted inconsistencies between Brady's statements and those of the driver, and that Brady's initial account was contradicted by the driver's version. The jury heard testimony from Garda Finbar Gurhy and Garda David Byrne about the BMW's movements, and the trial proceeded before Mr Justice Michael White and a 15‑person jury.
Craig McGrath, 26, pleaded guilty to manslaughter of Damien O'Brien, 27, after an assault on 7 July 2018. McGrath punched O'Brien twice, causing fatal brain injury. He also pleaded guilty to assaulting Kiefer Dowling in 2017, receiving a five‑year sentence for manslaughter and a two‑and‑a‑half‑year sentence for assault, with the last two years suspended. The total sentence is five‑and‑a‑half years. The Director of Public Prosecutions seeks to increase this sentence, arguing it was unduly lenient, citing McGrath's callous behaviour and breach of a curfew. McGrath's counsel argues the sentence was appropriate, citing Supreme Court guidance that places manslaughter in a medium range of four to ten years. The Court of Appeal will decide on 18 February.
During a 13‑week trial, the prosecution presented circumstantial evidence linking Patrick Quirke to the murder of Bobby Ryan, arguing that Quirke's jealousy and financial dependence on Mary Lowry motivated the killing. Quirke had leased Lowry's land, had a sexual relationship with her, and was seen at her home on the day Ryan disappeared. He claimed he discovered Ryan's body in a waste‑water tank on 30 April 2013, describing the tank as partially full and the body as a "carpet or inflatable doll." Forensic entomology suggested the body had been present for at least 11 days. The defence argued the evidence was unreliable, citing inconsistencies in Lowry's testimony, lack of independent evidence of Quirke's motive, and questioning the integrity of the tank's condition. The jury ultimately convicted Quirke by a majority verdict for Ryan's murder.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, has been granted a hearing in October to appeal his conviction for the murder of Bobby Ryan, a part‑time DJ known as 'Mr Moonlight'. Ryan disappeared on 3 June 2011 after leaving the home of his girlfriend, Mary Lowry, and his body was found in an underground run‑off tank on Lowry's farm in April 2013. The prosecution argued Quirke killed Ryan to rekindle a relationship with Lowry and staged the body's discovery after Lowry tried to terminate his lease. Quirke's lawyers contended the evidence was merely suspicious, citing inconsistencies in Lowry's testimony and questioning her reliability. A Central Criminal Court jury found Quirke guilty after 20 hours and 39 minutes of deliberation, and he received a mandatory life sentence on 1 May 2019. The Court of Appeal has set 13 October for the appeal hearing, which is expected to last four days.