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Court reports mentioning Waterford

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2019-12-03 · Dublin

Father and son had loaded handguns

In a Dublin Circuit Criminal Court hearing, Dean Fitzsimons, aged 19, was sentenced to seven years' imprisonment for multiple firearm offences, including possession of a semi‑automatic pistol, a silencer and seven rounds of ammunition on Waterford Road, Blanchardstown, on 28 May, and for being a passenger in a stolen car on 23 June. His father, Kenneth Fitzsimons, aged 39, received a five‑and‑a‑half‑year sentence for two counts of firearm possession, dangerous driving, driving a stolen car and resisting arrest, all committed on 23 June. The court noted that Kenneth had been stabbed earlier that year by individuals threatening Dean, and that he had driven a stolen vehicle at high speed, narrowly missing a Garda, before being stopped and arrested. Both men were arrested and have remained in custody since. Dean has a one‑year‑old child and five prior convictions; Kenneth has two other children, including a newborn, and one prior larceny conviction. Dean Fitzsimons pleaded guilty.

2019-12-02 · Waterford

Dispute over asthma treatment patents comes before commercial court

A dispute over patents for asthma and COPD treatments has been brought before the Commercial Court by Teva Pharmaceuticals Ireland, trading as Norton (Waterford) Limited, against Italian company Chiesi Farmaceutici SPA. Teva alleges that three patents, granted in 2007 and 2008 and set to expire in 2027 and 2028, are invalid due to lack of novelty, an obvious inventive step and insufficient disclosure. The case was admitted to the fast‑track list by Mr Justice David Barniville on the consent of Chiesi, represented by Michael Howard SC, and is scheduled for an April hearing.

2019-11-21 · Waterford

Malawian refugee avoids jail for role in invoice redirection fraud

Timothy Milner, a 31-year-old Malawian refugee residing in Waterford, has been sentenced at Dublin Circuit Criminal Court for his involvement in an invoice redirection fraud. The defendant pleaded guilty to the charge of possession of €20,448, knowing or being reckless as to whether it was the proceeds of criminal conduct, on August 21, 2017. Prosecution evidence indicated that a Limerick company was defrauded when it transferred funds to Milner's bank account following a fraudulent email. While there was no suggestion Milner sent the redirecting email, he admitted to withdrawing the cash to hand over to third parties in exchange for a promised €500. Judge Martin Nolan noted that the victim company suffered a financial loss, making the matter serious. However, in mitigation, the court considered Milner's guilty plea, his cooperation, his lack of previous convictions, and his status as a refugee who arrived in Ireland in 2013. The judge found that Milner was approached by others who had a scheme and required a bank account. Consequently, the court imposed a two-year suspended sentence, allowing the defendant to avoid immediate custody.

2019-07-30 · Waterford

Brazilian butcher fails in appeal against 8-year sentence for killing

Juraci Da Silva, a 36‑year‑old Brazilian butcher, was found not guilty of murder but guilty of manslaughter for killing James 'Jay' Banville in Waterford on 8 October 2016. Da Silva had been assaulted twice that evening by Banville and a friend, the first assault accompanied by racial remarks and the second by sexual comments. After the second assault, Da Silva, armed with a knife, pursued the men and stabbed Banville in the heart. The Central Criminal Court sentenced him to eight years' imprisonment, citing his knowledge of knife dangers from his occupation. The Court of Appeal upheld the sentence, noting the substantial provocation and mitigating factors, and rejected Da Silva's appeal. The case concluded with Da Silva's eight‑year term confirmed.

2019-06-28 · Dublin

Five-year jail term for man who killed friend in drunken "one punch" attack

In a 2019 Dublin Circuit Criminal Court hearing, Jack Hall Ellis, 21, pleaded guilty to unlawfully killing his friend Luke O'Reilly, 20, in a drunken "one punch" assault on Halloween night 2017. Ellis admitted he was acting in drunkenness and anger, having consumed seven to ten double shots of Captain Morgan rum, and punched O'Reilly from behind as they left a pub. O'Reilly fell, hit his head, suffered traumatic brain injuries and died in hospital two weeks later. Ellis was sentenced to seven years' imprisonment, with the final two years suspended. The judge noted the unprovoked nature of the assault, Ellis's early guilty plea, lack of prior violent convictions, remorse, and supportive family as mitigating factors, while emphasizing the seriousness of one‑punch attacks and the need for deterrence. The sentence reflected the low‑middle range of offending for the offence.

2019-06-24 · Waterford

Man who claimed partner stabbed herself in the face has sentence increased

Jamie Coughlan, 39, was re‑sentenced by the Court of Appeal to six and a half years' imprisonment, with the final six months suspended, after the Director of Public Prosecutions successfully appealed his original six‑year term. The appeal was based on the sentence being "unduly lenient". Coughlan had been found guilty of violently stabbing his former partner at their home in Waterford in July 2017, causing multiple serious injuries including a laceration that left her nose hanging off. He had denied responsibility, claiming the wounds were self‑inflicted and citing the victim's psychiatric history. The Court of Appeal noted his extensive criminal record, lack of remorse, and failure to cooperate with authorities. The new sentence includes a good‑behaviour bond for the suspended period. The case remains at the sentencing stage, with no further verdicts or appeals reported.

2019-05-09 · Waterford

Business consultant barred from acting as "McKenzie friend"

Ms Justice Leonie Reynolds of the High Court issued an order barring business consultant Eamon O'Neill from acting as a 'McKenzie friend' to advise lay litigants, citing that he was taking advantage of vulnerable parties. The judge noted that O'Neill, who lacks legal qualifications, had purported to give bad legal advice to defendants in a dispute over a commercial property in Waterford. Although O'Neill had previously apologized for a letter the judge described as scurrilous and containing untrue averments, he failed to attend court on Thursday to answer alleged contempt. The judge rejected his explanation for the absence, stating he appeared to think he was above the law, and directed him to appear next Thursday with a legal representative. O'Neill may then apply to have the barring order lifted. The underlying action involved a fund-appointed receiver, Mr Ken Kennell, who sought vacant possession of the property from owners Paddy Early, of Killea, Dunmore East, and Paul Kearney, of Islandtarsney, Fenor. The court had previously granted the receiver possession after finding the defendants had no defence to the claim that they were trespassers. On Thursday, the judge extended the stay on the possession order to allow CMD Early Dunmore East Ltd, which had recently obtained a solicitor, to bring a motion to set aside the order. The judge also directed Early and Kearney to swear an affidavit detailing payments made to O'Neill for his advice. The property had been put up as security for a €2.29m loan advanced by Ulster Bank in 2008, which fell into arrears in 2011.

2019-04-11 · Waterford

Judge warns litigants over bad advice

A High Court judge has warned litigants of the consequences of taking bad advice from non-legally qualified persons. Ms Justice Leonie Reynolds made the remarks while granting a fund-appointed receiver, Mr Ken Fennell, possession of a commercial property located at Six Cross Roads in Co Waterford. The action was brought against Mr Paddy Early, Mr Paul Kearney, Mr Eamon O'Neill, and CMD Early Dunmore East Ltd. The judge noted that the defendants had no legal representation and had been badly advised by non-qualified individuals. It was claimed that Mr Early and Mr Kearney had received €2.29m from Ulster Bank in 2008, with the Crossroads Property as security. The loan fell into arrears in 2011, and Promontoria Aran Ltd acquired the loan in 2015. Mr Fennell was appointed a receiver in 2016 and sought possession of the property. The defendants opposed the application and claimed they had no right to be in the premises. The matter had been before the court and adjourned on a number of previous occasions, most recently to allow the parties to obtain lawyers to represent them. Ms Justice Reynolds found that the defendants had no legal defence to the receiver's claim and granted Mr Fennell possession of the premises. The judge also raised concerns over legal submissions from Mr Early, who had consulted Mr William Murphy, prohibited from acting as a legal advisor. Mr O'Neill apologised for a 'scurrilous' letter sent to various parties, including the Gardai. The judge imposed a one-month stay on the order to allow occupants time to find premises and adjourned the matter to a date in May.

2019-04-11 · Tipperary

Case against Quirke "forensically barren", prosecution tell jury

In the 2019 trial of farmer Patrick Quirke, who denies murdering his rival Bobby Ryan, the prosecution presented a circumstantial case described by counsel Michael Bowman SC as "forensically barren." Bowman urged the jury to rely on common sense, arguing that the evidence would compel a guilty verdict. He highlighted the absence of a weapon, precise location or time of death, and the lack of forensic traces. Bowman recounted alleged attempts by Quirke to sabotage Ryan's relationship with Mary Lowry, including a phone text, a report to Tusla, and a letter to a newspaper. He also cited CCTV footage of Quirke near Lowry's shed, Google searches on body decomposition, and the discovery of Ryan's body in a sealed underground tank. Bowman emphasized the improbability of coincidence, suggesting deliberate planning behind the disappearance and death of Bobby Ryan. The trial focused on these points without concluding a verdict. Patrick Quirke pleaded not guilty.

2019-04-08 · Waterford

Sentence "too high" for man who killed attacker after racial abuse

In 2016, Juraci Da Silva, a 36‑year‑old Brazilian, killed James 'Jay' Banville after being assaulted and racially abused by Banville and Conor Hogan. Da Silva admitted the killing but denied murder, and was found not guilty of murder but guilty of manslaughter and of producing a knife during an altercation. He was also found not guilty of assault causing harm to Hogan. Banville died from a single stab wound to the heart. Da Silva was sentenced to eight years' imprisonment in November 2017. He had no prior convictions, had come to Ireland a month earlier to work in a meat plant, and had three young children in Brazil. In April 2019, Da Silva's barrister, Colman Cody SC, applied to appeal the sentence, arguing it was too high given the context of the assaults and his circumstances. The Court of Appeal reserved judgment.

2019-04-08 · Tipperary

"My son had recently died": trial hears of Quirke's response to internet search questions

The trial of Farmer Patrick Quirke, 50, of Breanshamore, Co Tipperary, continued before Justice Eileen Creedon. Quirke, who has pleaded not guilty to the alleged murder of Bobby Ryan, a part-time DJ known as Mr Moonlight, faced cross-examination regarding internet searches for "body decomposition timeline." Quirke told gardai his son had recently died, stating, "That's all I'm saying." However, prosecution evidence indicated a similar search occurred in July 2012, prior to his son's death in August 2012, which gardai argued undermined his explanation. Quirke denied that this prior search invalidated his account for later searches. The court heard that gardai sent a sub aqua unit to Ardmore, Co Waterford, after a water diviner claimed the body would be found there. Quirke was arrested in June 2014 and interviewed regarding a seized hard drive containing searches on DNA limitations and decomposition. He denied staging the discovery of Ryan's body, which was found in an underground tank on a farm leased by Quirke in April 2013. Quirke alleged gardai did not properly investigate previously dropped assault charges against him. The prosecution claimed Quirke murdered Ryan to rekindle an affair with Mary Lowry. Quirke maintained his innocence, questioning the logic of murdering a man and then revealing the body's location. The jury was adjourned until Thursday.

2019-04-03 · Tipperary

Pat Quirke "went around farm as if he kind of owned the place", Mary Lowry's son tells trial

Mary Lowry's son, 19‑year‑old Jack Lowry, testified at the Central Criminal Court that Pat Quirke, 50, was "in control most of the time, grumpy some of the time" and that he moved around his mother's farm as if he owned it. Lowry's son described his relationship with Quirke's family, noting that Quirke leased the farm from his mother and that Quirke's children were known to the family. He recalled his mother's affair with Bobby Ryan, a part‑time DJ known as Mr Moonlight, who disappeared on 3 June 2011 after leaving the Lowry home. Ryan's body was found in an underground run‑off tank on the farm 22 months later. The prosecution alleges Quirke killed Ryan to rekindle the affair. Lowry's son also recounted his own childhood memories of the farm, the family's travels, and his limited recollection of the day Ryan went missing. The trial is ongoing, with the court presided over by Justice Eileen Creedon. Pat Quirke pleaded not guilty.

2019-04-01 · Dublin

Victim later died from injuries after "one punch" assault

In 2017, Jack Hall Ellis, a 21‑year‑old apprentice carpenter, punched 20‑year‑old Luke O'Reilly once after a night of heavy drinking. The assault occurred on Old Blessington Road, Tallaght, when O'Reilly was walking away from a pub. The single blow to the right side of O'Reilly's head caused a fall that left him with brain injuries. He was taken to hospital in a coma and died 13 days later. Ellis, who had consumed seven to ten double Captain Morgan rums that night, pleaded guilty to unlawful killing at the Dublin Circuit Criminal Court. The court adjourned sentencing to allow reports to be prepared and will hear a plea in mitigation next month. O'Reilly's mother, Janet O'Brien, delivered a victim impact statement describing her son as a gentle giant and expressing the family's profound loss. The case highlights the fatal consequences of a single punch delivered in a drunken state.

2019-03-12 · Tipperary

"Mary last one to see him": Moonlight trial hears of notes found in Patrick Quirke's home

During a 2013 search of Patrick Quirke's home, Garda John Walsh found a handwritten note on an A‑4 sheet that mentioned Mary Lowry and the disappearance of Bobby Ryan. The note, which was underlined and read "Mary last one to see him" and "body naked, either murdered and clothes taken off or never left the house," also contained a series of questions directed at Mary Lowry about her actions on the day of Ryan's disappearance. Quirke, aged 50, has pleaded not guilty to Ryan's murder. Ryan vanished on 3 June 2011 after leaving Lowry's home and was found in an underground run‑off tank in April 2013. The prosecution alleges Quirke killed Ryan to rekindle an affair with Lowry, who is 52. The trial, before Justice Eileen Creedon and a twelve‑person jury, has also heard testimony about a hotel booking made under Quirke's name and the seizure of various electronic devices and physical evidence from Quirke's property.

2019-03-08 · Tipperary

Jury rejects "self defence" claim and convicts Outram of beating 90-year-old farmer to death

Ross Outram, aged 28, was found guilty of murdering 90‑year‑old retired farmer Paddy Lyons, who was discovered dead in his own home. A jury of eight men and four women rejected Outram's claim that he struck Lyons in self‑defence after the pensioner, who had osteoporosis and only one arm, allegedly attacked him with a stick. The trial heard that Lyons' body lay slumped in his armchair, with blood smeared on his face and his penis exposed through his underpants. Pathologist Dr Margaret Bolster testified that Lyons suffered multiple blows to his head and neck from a blunt weapon, with fractures of his hip joint, jawbone and ribs. Outram, who has 25 previous convictions including burglary and assault, was sentenced to life imprisonment, the mandatory term for murder, with the sentence back‑dated to the date he entered custody. The court noted that the jury had taken three hours and 29 minutes to reach a unanimous verdict. The unnamed 28-year-old pleaded not guilty.

2019-03-07 · Waterford

Paddy Lyons murder trial jury ask to re-hear pathologist evidence

In the murder trial of Ross Outram, a 28‑year‑old from Ferryland, the jury requested a re‑hear of evidence from two pathologists and to view clothing belonging to both the accused and the 90‑year‑old deceased farmer, Paddy Lyons. The jury had deliberated for 2 h 29 min and, after a note from the foreman, asked to see a grey hoodie that Outram owned and a grey hat that belonged to Lyons. Forensic scientist John Hoade testified that the hoodie had blood matching Lyons' DNA. Defence counsel Michael O'Higgins SC highlighted that Outram had claimed Lyons was alive when he left the house, citing a grey hat found near Lyons' fireplace. The jury also sought to re‑hear Assistant State Pathologist Dr Margaret Bolster's findings on Lyons' injuries and a defence pathologist's report. They requested a picture of blood staining at Lyons' front door. Ross Outram pleaded not guilty.

2019-03-07 · Waterford

Man has conviction for abusing daughter quashed over barrister's error

In Waterford Circuit Criminal Court, a man was found guilty of sexually assaulting his daughter on 30‑31 January 2015 and sentenced to three years' imprisonment, with the final year suspended. The conviction was based on the prosecution's reliance on the complainant's uncorroborated evidence, including statements from her mother and step‑father that the father had touched her in the private parts. The man's barrister, in her closing speech, mistakenly reported that the mother's evidence was that the father had merely tried to touch her, whereas the mother's actual testimony was that he had touched her. The trial judge deemed the error serious and significant, refused to allow the barrister to correct it, and the Court of Appeal quashed the conviction, holding that the judge should have permitted the correction. The Court will consider whether a retrial is appropriate later. The unnamed man pleaded not guilty.

2019-03-07 · Waterford

Jury deliberating in trial of man accused of murdering farmer (90)

The jury at the Central Criminal Court has begun deliberations on the case of 28‑year‑old Ross Outram, who is accused of murdering 90‑year‑old retired farmer Paddy Lyons in his Waterford home between 23 and 26 February 2017. Outram, of Ferryland, has pleaded not guilty. The judge explained that the jury could return one of four verdicts: guilty of murder; not guilty of murder but guilty of manslaughter; not guilty of murder but guilty of assault causing harm; or not guilty. The jury has spent over an hour and a quarter considering the case and will report in the afternoon. Pathologist Dr Margaret Bolster described Lyons' death as caused by blunt‑force trauma, a traumatic brain injury and shock from fractures of the hip, jawbone and ribs. Evidence was presented that Lyons had a stiff right shoulder and that Outram claimed he had fought back after Lyons struck him with a walking stick and shovel.

2019-03-06 · Waterford

Jury to begin deliberating in trial of man accused of murdering farmer (90)

In the Central Criminal Court, a jury is set to begin deliberations on the murder trial of Ross Outram, 28, accused of killing 90‑year‑old retired farmer Paddy Lyons in his Lismore home between 23 and 26 February 2017. Pathologist Dr Margaret Bolster described Lyons' death as caused by blunt‑force trauma, a traumatic brain injury, and shock from fractures of his hip, jawbone and ribs. Lyons' body was found blood‑stained in his armchair. Outram claimed he fought back after Lyons struck him with a walking stick and shovel, and that he had taken up to 100 Xanax that day, though a pharmaceutical expert found no proof of this. The defence argued self‑defence, while the prosecution highlighted inconsistencies in Outram's statements. Ross Outram pleaded not guilty.

2019-03-06 · Waterford

"Reliable evidence" that farmer (90) was "alive and mobile" when murder accused left scene, defence say

In the Central Criminal Court trial of Ross Outram, a 28‑year‑old from Clonmel, the defence argued that the 90‑year‑old retired farmer Paddy Lyons was alive and mobile when Outram left his home. The defence presented evidence that Lyons suffered multiple blows to his head and neck, but that his death was caused by a second event – a fall that broke his hip. The defence claimed that the fall was likely due to a head injury or concussion, not the initial assault. They also highlighted that Outram had taken up to 100 Xanax that day, though a pharmaceutical expert found no proof of this. The defence urged the jury to consider that Outram's force may have been necessary and that he could be found not guilty of murder but possibly guilty of manslaughter. The judge, Mr Justice Paul Coffey, continued to charge the jury of eight men and four women.

2019-03-05 · Waterford

Murder accused carried out "vicious and sustained attack on defenceless old man", prosecution say

In the Central Criminal Court, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons, who died after a violent attack at his home between 23 and 26 February 2017. The prosecution, led by John O'Kelly SC, argued that Outram inflicted multiple blows with a blunt weapon, describing the assault as vicious and sustained, and that the victim's death was caused by these injuries. They highlighted that Outram had no evidence of taking Xanax and that the victim's hip injury was unrelated to the attack. Outram's defence, represented by Michael O'Higgins SC, contended that the fatal hip fracture was a separate event, arguing that if causation was doubtful, the client could not be guilty of murder. The case remains at the trial stage, with the jury to hear further arguments tomorrow.

2019-03-05 · Dublin

Angolan man attacked, trapped and sexually assaulted woman in laneway

Chico Makamda, 36, of Viking House, Waterford, pleaded guilty in Dublin Circuit Criminal Court to sexual assault, false imprisonment and robbery committed on April 16, 2018, in Adare Lane, Dublin. He attacked a woman in her early fifties who was relieving herself behind bins, punching her three times, attempting to pull her jeans down, and masturbating in front of her. The victim fell, hit her head, and later discovered her wallet and phone missing. Makamda fled when another man arrived. He was sentenced to seven and a half years for false imprisonment and robbery, with the final two and a half years suspended for two and a half years on the condition he leave the country within 14 days of release. He received a concurrent four‑year sentence for sexual assault, backdated to the day of his first custody. The judge noted the victim's severe trauma and the aggravated nature of the offences.

2019-03-05 · Waterford

Possible that fall led to farmer's hip fracture, defence pathologist tells murder trial

The Central Criminal Court trial of Ross Outram, 28, of Clonmel, Co Tipperary, has heard evidence from a defence pathologist regarding the death of Paddy Lyons. Mr Outram has pleaded not guilty to murdering Mr Lyons at Loughleagh, Ballysaggart, Lismore, Co Waterford, between February 23 and 26, 2017. Former Northern Ireland State Pathologist Professor Jack Crane testified that he favours the possibility that Mr Lyons' hip fracture resulted from a fall rather than a blunt weapon blow. Professor Crane noted that Mr Lyons suffered from osteoporosis, making his bones more susceptible to fracture, and stated that the scalp lacerations were not associated with underlying skull injury. He added that the brain injury was slight and that any suggestion of concussion was speculative. While the prosecution's pathologist previously attributed the death to blunt force trauma, Professor Crane agreed that the deceased could have been assaulted and subsequently fallen. The trial continues before Mr Justice Paul Coffey and a jury.

2019-03-04 · Waterford

Prosecution closes case in trial of man accused of murdering farmer (90)

In the trial of Ross Outram, 28, of Clonmel, the prosecution has closed its case. Outram is accused of murdering 90‑year‑old retired farmer Paddy Lyons in his Lismore home between 23 and 26 February 2017. Assistant State Pathologist Dr Margaret Bolster testified that Lyons suffered multiple blows to the head and neck from a blunt weapon, resulting in blunt force trauma, a traumatic brain injury, fractures of the hip joint, jawbone and ribs, and shock. She described haemorrhage and nerve fibre shearing, indicating significant force. While she could not definitively state whether Lyons had a concussion, she noted that brain function would likely have been altered. The trial will continue tomorrow before Mr Justice Paul Coffey and a jury of eight men and four women. Ross Outram pleaded not guilty.

2019-02-28 · Waterford

Paddy Lyons investigation "tunnel-visioned", murder accused's defence team say

In the Central Criminal Court, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons. The jury heard that Outram claimed to have suffered lumps on his head after being struck by Lyons with a walking stick and shovel, and that he had taken up to 100 Xanax tablets that day. Gardaí at Dungarvan station did not photograph the head lumps, nor did they take a urine sample, as four days had passed. The defence argued the investigation was "tunnel‑visioned" and did not examine the head injuries. The prosecution presented evidence that Lyons suffered multiple blows to the head and neck, and that his body was found slumped in his armchair. DNA from Lyons was found on the shovel, but no DNA from Outram was found in Lyons' house. The trial was set to continue the next day.

2019-02-27 · Waterford

Murder accused told gardai he "fought back" after farmer (90) hit him

In the trial of Ross Outram, a 28‑year‑old from Clonmel, the jury heard that he claimed to have "fought back" after a 90‑year‑old retired farmer, Paddy Lyons, was found beaten to death in his home. Outram told Gardaí that he had gone to Lyons' house looking for money, but denied any intent to murder or seriously harm Lyons. He said Lyons had struck him with a walking stick and shovel, and that he had not killed Lyons, who he claimed was still alive when he left the house. A pathologist testified that Lyons suffered multiple blows to his head and neck, and his body was found slumped in his armchair. The case was presented to the Central Criminal Court on the sixth day of the trial, with the jury hearing medical evidence and Outram's statements from several Garda interviews. The unnamed 90-year-old pleaded not guilty.

2019-02-26 · Waterford

Pathologist describes finding 90-year-old farmer's blood-smeared body

The Central Criminal Court heard evidence in the ongoing trial of Ross Outram, who has pleaded not guilty to the alleged murder of Paddy Lyons at Loughleagh, Ballysaggart, Lismore, Co Waterford, between February 23 and 26, 2017. Assistant State Pathologist Dr Margaret Bolster testified that she found the 90-year-old victim slumped in an armchair with blood smeared on his face. Her post-mortem examination revealed ten blunt force wounds to the head and neck, fractured ribs, and a fractured right hip. She concluded the cause of death was blunt force trauma resulting in traumatic brain injury and shock. Under cross-examination, Dr Bolster stated it was impossible to determine the sequence of blows and that the brain injury alone would not have caused death, though untreated scalp lacerations likely would have. Pharmaceutical expert Michael Lyons testified that there was no physical evidence proving Outram consumed the 60 xanax tablets he claimed to have taken, noting the absence of withdrawal symptoms after his arrest. However, the expert acknowledged that high doses of xanax could cause a paradoxical effect. The trial continues before Mr Justice Paul Coffey and a jury.

2019-02-25 · Waterford

Blood of retired farmer (90) on murder accused's hoodie, trial hears

A DNA profile from blood on a hoodie belonging to a murder suspect matched that of 90‑year‑old retired farmer Paddy Lyons. The jury heard that pieces of broken glass recovered from Lyons' gateway fit perfectly into the headlamp of Ross Outram's car. Outram, 28, of Ferryland, has pleaded not guilty to Lyons' murder, which occurred at Loughleagh, Ballysaggart, Lismore, between 23 and 26 February 2017. Garda Eugene O'Neill testified that he searched Outram's house on 27 February and seized a grey hoodie. Forensic scientist John Hoade confirmed that blood on the hoodie's right sleeve and hood matched Lyons' DNA. Other evidence included broken glass from a car light, a damaged lock, and a Volkswagen Passat with missing front lights and registration plates. The trial is before Mr Justice Paul Coffey and a jury of eight men and four women.

2019-02-20 · Waterford

Man accused of murdering farmer (90) had marks on hands

In a trial at the Central Criminal Court, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old retired farmer Paddy Lyons, who died between 23 and 26 February 2017 at his Loughleagh home. Detective Garda Joe Wyse testified that he visited the scene on 25 February after learning of suspicious circumstances. He described a damaged padlock, skid marks, fingermarks on the front door, and a blood‑like substance around these marks. He also noted a deep laceration on Lyons' head and an elderly man slumped in a chair. Wyse observed a phone and kitchen windows with similar blood‑like residue. He also reported injuries on Outram's hands and thigh, photographed at the Garda station. Other Garda evidence included a fingerprint in blood on the door handle, blood on a plate, and a blue Volkswagen Passat with damage and no number plates. The case continues before Mr Justice Paul Coffey and a jury.

2019-02-19 · Waterford

Murder accused said he hit retired farmer (90) over money, jury hears

In a Central Criminal Court hearing, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons in Lismore, Waterford, between 23 and 26 February 2017. During the trial, Sandra Walsh, a relative of Outram's nephew, testified that Outram had called her on Facebook Messenger on 26 February, claiming he had hit Lyons because Lyons would not give him money. She confirmed that Outram identified the deceased as Lyons and that he had spoken of travelling to the UK. Walsh also recounted that Outram was arrested the following day when she was driving him back to Ferryland. Sergeant Ger Falvey described the scene at Lyons' house, noting the victim's lack of trousers, a trail of urine, soot, and possible blood marks. The case proceeds before Mr Justice Paul Coffey with a jury of eight men and four women.

2019-02-19 · Waterford

Murder trial witness did not realise pensioner (90) was dead

In a murder trial at the Central Criminal Court, Ross Outram (28) is accused of killing 90‑year‑old Paddy Lyons in Waterford. Cathleen Kiely, a witness who has sold second‑hand clothes for over 30 years, testified that she visited Lyons' home on 24 February 2017, arriving with her husband around 4 p.m. She found the gate closed but without a bolt, entered the house, and saw Lyons sitting in his chair, looking at the door. Kiely claimed she thought Lyons was unconscious and swollen, and that there was black on the ground, but she did not realise he was dead. She left after a few seconds, told her husband, and later reported the situation to neighbours. The prosecution alleges Outram told Gardaí that he struck Lyons, who had only one arm, in self‑defence. The trial continues before Mr Justice Paul Coffey and a jury of eight men and four women. Ross Outram pleaded not guilty.

2019-02-18 · Waterford

Murder accused told gardai he struck pensioner (90) in "self defence"

Ross Outram, 28, of Clonmel, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons at Lismore, Waterford, between 23 and 26 February 2017. The trial began at the Central Criminal Court before Mr Justice Paul Coffey and a jury of eight men and four women, and is expected to last two weeks. Prosecutor John O'Kelly SC presented evidence that Lyons was found dead in his home with blunt‑force injuries, a traumatic brain injury, haemorrhage and shock, and that his hip joint and ribs were fractured. A blood‑stained hoodie found in Outram's bedroom contained Lyons's DNA. Outram told investigators he had been in Lyons's house, had asked for money, and that Lyons attacked him with a stick. Outram claimed he struck Lyons repeatedly in self‑defence, and that Lyons was still alive when he left the house, after which Lyons was locked out.

2019-02-01 · Tipperary

Witness tells trial she wanted to find missing DJ "as much as anybody else"

During the fourth day of her testimony at the Central Criminal Court, Mary Lowry, aged 52, explained that she felt accused of involvement in the disappearance of her boyfriend, Bobby Ryan, a DJ known as Mr Moonlight. Lowry said she had complained in June 2012 to the Gardaí about missing‑person posters placed around her home, which she found intimidating and upsetting to her children. She insisted she wanted to find Ryan "as much as anybody else" and had put up posters elsewhere. Lowry confirmed spending a night in a Killiney hotel with the accused after Ryan's disappearance, but could not recall staying at the Cliff Hotel in Waterford in September 2011, despite a bank receipt. She denied any intimacy with Patrick Quirke after Ryan's disappearance and said she had called him from Austria in 2012 to avoid his anger. The trial, with Patrick Quirke, 50, remains ongoing before Justice Eileen Creedon and a jury of twelve. Mary Lowry pleaded not guilty. Patrick Quirke pleaded not guilty.

2019-01-22 · Waterford

Ex-WIT President loses claim over not being reappointed to role

Professor Kieran Byrne, the former president of Waterford Institute of Technology, has lost his High Court action regarding his non-reappointment to the role. In a judgment delivered on Tuesday, Mr Justice Senan Allen rejected Prof Byrne's claim that he was entitled to be reappointed as WIT President in 2011. The judge determined that no member of WIT's governing body informed Prof Byrne he would be reappointed. Although Prof Byrne alleged that a selection board member and the Public Appointments Board indicated his selection, the court found he could not legitimately believe those parties spoke for the governing body. Prof Byrne, who served as President from 2001 to 2011, sought declarations that the governing body's decision not to ratify his appointment was null and void, along with damages for negligence, breach of contract, and misrepresentation. He argued the selection process was flawed and that the decision was influenced by media reports on office expenditure. WIT denied wrongdoing, stating the decision followed a transparent process. The judge concluded that appointing the president is a function of the governing body, not the subcommittee that recommended Prof Byrne's reappointment. The court held that the governing body was entitled to consider freedom of information requests concerning expenditure. Consequently, the judge dismissed the claims, noting that even if Prof Byrne mistakenly assumed reappointment, there was no evidence the governing body shared that assumption.

2018-12-03 · Waterford

Council worker jailed for 10 years over rape and abuse of sisters

In a Central Criminal Court hearing, former Waterford County Council worker Bartholomew Prendergast was sentenced to ten years' imprisonment for rape and indecent assault of three women, including sisters Stephanie Hickey (aged 12‑15 at the time of the offences) and Deirdre Fahy (aged 13‑14). He pleaded guilty to two counts of rape and thirteen counts of indecent assault against Hickey between 1983 and 1987, one count of indecent assault against Fahy between 1979 and 1981, and two counts of indecent assault against a third woman (now 39) between 1988 and 1991. The judge suspended the final 18 months of the sentence on strict conditions, requiring Prendergast to undergo a sex‑offender treatment programme and be supervised by the Probation Service for 18 months. The hearing highlighted the prolonged abuse that continued despite family intervention and a priest's counselling, and the profound impact on the victims' lives.

2018-11-13 · Waterford

Ex-President of WIT sues over not being reappointed to position

Professor Kieran Byrne, former president of Waterford Institute of Technology (WIT), has brought a High Court action claiming humiliation and reputational damage after WIT's governing body declined to reappoint him in 2011. Byrne, who served as president from 2001 to 2011, alleges that a 2011 Irish Examiner article on the President's Office expenses prompted the governing body to postpone ratification and ultimately reject his reappointment. He contends the selection process was flawed, that WIT misrepresented that he would be reappointed, and that the body considered irrelevant factors, including the media report. Byrne seeks declarations that the decision was null and void, that he was entitled to the post, and damages for negligence, breach of contract, breach of legitimate expectation and misrepresentation. WIT denies wrongdoing, asserting a transparent process and that the media report was considered in its decision. The case remains pending.

2018-11-06 · Waterford

Businessman claims signature on mortgage deeds was forged

Patrick Wheelock, an engineer and businessman, has taken the High Court to challenge the appointment of Stephen Tennant of Grant Thornton as receiver over his Monvoy lands in County Waterford. Wheelock alleges that the signatures on deeds of mortgage, purportedly charging his property to the now-defunct Anglo Irish Bank, are forgeries. He claims he never agreed to any mortgage or charge and was unaware of the purported deeds until 2014, when he sued his former accountant for alleged fraud and misappropriation of €7.9 million. The accountant had allegedly falsified Wheelock's signature on documents dated 2003 and 2008, creating security interests in favour of Anglo. NAMA acquired the mortgages, sold them to Promontoria in 2017, and Promontoria appointed a receiver to bypass commercial court proceedings. Wheelock seeks orders preventing the receiver from selling or advertising the Monvoy lands, which he intends to develop. The case is currently before the Commercial Court, with the matter returned to Friday's sitting.

2018-10-30 · Cork

Mother-of-three has sentence for having stolen safe upheld

Kathleen Stokes, 43, of St Anthony's Park, Knocknaheeny, Cork, was sentenced to three years' imprisonment for possessing a stolen safe near Faggot Hill, Clogheen, in April 2017. She was arrested with two children, one of whom was her son, an aggravating factor. At sentencing, her husband was also serving a prison term. Stokes had 32 prior convictions, including burglary and theft. Her appeal was dismissed by the Court of Appeal, which upheld the three‑year sentence. The court noted that the trial judge's remarks on a Healthy Minds report were "quite disparaging" and that the judge's handling of submissions was "not engaging as he should have done." The Court of Appeal found the sentence proportionate to the seriousness of the offence and Stokes' poor record. The decision was made by a three‑judge panel, including Mr Justice Brian McGovern. Kathleen Stokes pleaded not guilty.

2018-10-22 · Limerick

Revenue in bid to wind up Limerick FC

The High Court has adjourned an application by the Revenue Commissioners to wind up Limerick FC, a League of Ireland Premier Division club. The Collector General has petitioned to have Munster Football Club Ltd, trading as Limerick FC, wound up following an alleged failure to pay a tax demand issued in mid-September for outstanding PAYE and PRSI contributions. The company's registered address is listed at Kirby O'Sullivan Sports, Social & Business Park, Bruff, County Limerick. During a brief mention before Mr Justice David Keane, counsel for the Collector General informed the court that both parties had agreed to adjourn the petition for three weeks. The court will revisit the matter once Limerick FC's senior men's team completes their remaining fixtures, including a promotion and relegation play-off against Donegal side Finn Harps.

2018-10-18 · Waterford

Man who admitted killing nephew's friend is sentenced to nine years

In a case that unfolded over several years, Tadhg Butler, aged 37, pleaded guilty in July 2018 to unlawfully killing his nephew's friend, Michael O'Dwyer, who was 25 when he died on 10 January 2014. Butler's admission came after a series of trials that began in April 2015, where a jury was discharged, a second jury found him guilty of murder and imposed a mandatory life sentence, and a third trial ended with a hung jury. The Court of Appeal overturned the life sentence, and the State accepted a plea of guilty to manslaughter. Mr Justice Michael White, hearing the case in October 2018, set a headline sentence of 12 to 14 years, taking into account aggravating factors such as the violent and tragic circumstances of O'Dwyer's death and Butler's criminal history, and mitigating factors including Butler's remorse and lack of intent to cause serious injury. The judge backdated the sentence to the date Butler entered custody.

2018-10-15 · Waterford

Youth who shoved broken bottle into teen's eye is returned to jail

Patrick Harty, aged 21, was re‑sentenced to six‑and‑a‑half years' imprisonment after the Court of Appeal found his original three‑year term too lenient. The new sentence, with the final two‑and‑a‑half years suspended, imposes a net four‑year jail term. Harty had pleaded guilty to assault causing serious harm at a New Year's Eve house party in 2014, during which he smashed a bottle and thrust it into a 19‑year‑old's face, causing the victim to lose the use of one eye. He also pleaded guilty to an unprovoked assault on a man in Dungarvan on 1 September 2015. The Court of Appeal, led by Mr Justice George Birmingham, noted that the two assaults were separate incidents and that the original concurrent sentencing was overly lenient.

2018-10-12 · Waterford

DPP seeking sentence hike for bottle attack

Patrick Harty, aged 21, pleaded guilty to assault causing serious harm at a house party on New Year's Eve 2014 and to an unprovoked assault on a man in Waterford on 1 September 2015. He was sentenced on 28 October 2016 to four-and-a-half years' imprisonment, with the final 18 months suspended, and a concurrent 12‑month jail term for the second assault. No compensation order was made. The Director of Public Prosecutions, citing the attack's viciousness and the fact that Harty broke a bottle to use it as a weapon, seeks a review of the sentence on the grounds it was "unduly lenient." The Court of Appeal has reserved judgment and will deliver it on Monday. Counsel for Harty argues the sentence was lenient but not unduly so, noting his youth, remorse and difficult upbringing. The appeal will consider whether the judge's mitigation, suspension and concurrent sentencing were in error.

2018-10-05 · Tipperary

"This is my sister, Samantha Walsh. She's not just a name on a piece of paper": court hears victim impact as mum-of-four's murderer is jailed for life

In a court hearing on 5 October 2018, Danny Whelan, a 30‑year‑old from Thurles, was sentenced to life imprisonment for the murder of Samantha Walsh, a 31‑year‑old mother of four. Walsh had recently returned home from an Alcoholics Anonymous meeting and had no alcohol in her system when Whelan, who was high on drugs, beat her to death in an apartment in Waterford City. Whelan pleaded guilty to the murder, which occurred on or about 28 April 2017. Forensic evidence showed blunt‑force trauma to Walsh's head and face, with bloodstains indicating a swinging weapon. Whelan had a history of 73 convictions, including burglary and possession of a knife, and had previously served an eight‑year sentence with part suspended. The court imposed the mandatory life sentence, and Whelan was taken to prison to begin his custodial term.

2018-10-02 · Waterford

Man pleads guilty to murdering mum-of-four

A 30‑year‑old man, Danny Whelan, pleaded guilty to the murder of Samantha Walsh, a 31‑year‑old mother of four, in Waterford. The offence occurred on or about 28 April 2017 at an apartment on Thomas Street. Whelan, who has no fixed abode, was arraigned at the Central Criminal Court without a jury. The judge directed a victim impact statement and remanded him in custody pending sentencing. He will receive a mandatory life sentence.

2018-07-30 · Waterford

Brother jailed for "persistent" rape and abuse of younger sister

In a 2018 Central Criminal Court verdict, a 49‑year‑old man from Co. Waterford was sentenced to five years' imprisonment for the persistent sexual abuse of his younger sister. The jury convicted him on 56 counts of rape and 15 of indecent assault committed between December 1983 and December 1986, when the victim was aged seven to twelve and the perpetrator was fourteen. The judge, Justice Eileen Creedon, described the abuse as "persistent" and noted that the brother threatened the girl with a shotgun, threatened to shoot their mother if she disclosed the abuse, forced her to watch pornography and re‑enact scenes, and coerced her into sexual acts. He had not been previously convicted, had integrated into society, and was married with three children. The judge acknowledged his late admission of responsibility, which vindicated the victim, and suspended the final 12 months of the sentence on strict conditions, including completion of a sex‑offender programme in custody.

2018-07-30 · Waterford

Council worker pleads guilty to rape and abuse of girls

In a Central Criminal Court hearing, 65‑year‑old Bartholomew Prendergast pleaded guilty to two counts of rape and 13 counts of indecent assault against his sister‑in‑law, Stephanie Hickey, aged 12‑15 at the time, and to one count of indecent assault against Deirdre Fahy, aged 13‑14, and two counts of indecent assault against a third woman, aged 9‑12. The offences occurred between 1979 and 1991 in County Waterford and County Tipperary. Prendergast, a former Waterford County Council worker and local musician, had recently retired and had no prior convictions. The court adjourned the case to 26 November for sentencing, after the judge remanded him in custody and revoked his bail. The hearing included victim impact statements from the three women, who described the abuse and its lasting effects. No further legal actions were announced at this stage.

2018-07-16 · Waterford

Murder accused whose third trial ended in hung jury admits to killing

Tadhg Butler, aged 37, pleaded guilty to unlawfully killing Michael O'Dwyer on 10 January 2014. He was remanded in custody pending a sentence hearing on 18 October. Butler's case had seen three trials: the first in April 2015 ended with a jury discharge, the second resulted in a guilty verdict and a mandatory life sentence, which was overturned on appeal, and the third ended with a hung jury. Butler admitted he had stabbed O'Dwyer while taking a knife from his nephew to prevent self‑harm.

2018-07-11 · Waterford

"This is a win for those who commit these crimes": rape victim criticises court process

A 19‑year‑old woman who was raped and sexually assaulted by two 27‑year‑old cousins while en‑route to a party criticised the court process for making victims appear "untrustworthy." She said her previous sexual history was brought up during one cousin's trial, which she found confusing. The first cousin denied a rape charge at a Waterford address on 20 December 2015, but was convicted by a jury in a Central Criminal Court trial in May. Mr Justice Paul Butler sentenced him to eight years for rape, suspending the final two years, and the second cousin to five years for sexual assault, suspending the final 24 months. The woman read a victim impact statement in which she said parts of her past unrelated to the case were used to portray her as untrustworthy, and that the court process had shattered her faith in humanity. The unnamed accused pleaded guilty.

2018-06-27 · Waterford

Rapist fails in appeal against 7-year jail term

A 35‑year‑old Waterford man was found guilty of raping his younger cousin at his home on 27 February 2013. The Central Criminal Court jury convicted him and he was sentenced to eight years' imprisonment, with the final year suspended, by Mr Justice Robert Eagar on 18 April 2016. The man appealed against the severity of the sentence. The Court of Appeal, sitting with Mr Justice John Hedigan, Mr Justice Michael Peart and Mr Justice Alan Mahon, upheld the seven‑year jail term. Mr Justice Hedigan noted that the man and the victim had attended a pub gathering to mark the first anniversary of the man's mother's death, moved between pubs, and were intoxicated. The victim woke to find the man on top of her, undressed, and she told him to stop and leave. The man, a separated father of one, had seven prior convictions, including theft and drug supply. The unnamed 35-year-old pleaded not guilty.

2018-06-21 · Waterford

Man admits to rape and abuse of children

A 65‑year‑old man from County Waterford pleaded guilty in the Central Criminal Court to a series of sexual offences against three children. He admitted two counts of rape and 13 counts of indecent assault against one girl aged 12 to 15 between 1983 and 1987, one count of indecent assault against a second girl aged 13 to 14 between 1979 and 1981, and two counts of indecent assault against a third girl aged 9 to 12 between 1988 and 1991. The defendant was not named for legal reasons. Michael Delaney SC informed Mr Justice Patrick McCarthy that the guilty pleas were acceptable to the Director of Public Prosecutions on the condition that full facts would be presented at the sentencing hearing. Mary Rose Gearty SC, the defence counsel, requested that the defendant remain on bail to manage family and administrative matters, acknowledging that he would soon enter custody for a substantial period.