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Court reports mentioning Waterford

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2017-10-02 · Waterford

Murder trial of Brazilian man to begin

In Waterford City, a jury was sworn in to hear the trial of Juraci Da Silva, a 36‑year‑old Brazilian, accused of murder and assault causing harm. Da Silva was alleged to have murdered 28‑year‑old James Banville on 8 October 2016 at New Street. He pleaded not guilty to the murder charge but guilty to manslaughter, a plea rejected by the State. He also pleaded not guilty to assault causing harm against Conor Hogan and to a third count of producing a knife. All charges stem from the same incident.

2017-07-31 · Waterford

Former National Hunt jockey has jail sentence for theft cut on appeal

Robert Widger, a 38‑year‑old former National Hunt jockey and horse trainer from Waterford, pleaded guilty to theft and possession of stolen property in September‑October 2014. He was originally sentenced to a two‑year term at Waterford Circuit Criminal Court. On appeal, the Court of Appeal reduced the custodial period to 12 months, with the remaining 12 months suspended and to run concurrently with a 12‑month sentence for theft. The judge noted that Widger had stolen six eight‑metre lighting poles from Waterford University Hospital, using a black Land Cruiser registered to him and his wife's swipe card. CCTV captured the theft, and the stolen items were recovered, including a mini‑digger, a horse box, a double trailer and building equipment. Widger, a married father of three and self‑employed in horse training, had a positive probation report citing remorse and low risk of reoffending.

2017-07-24 · Waterford

Date set for Waterford murder trial

A trial date has been set for Tadhg Butler, 37, who is charged with the murder of Michael O'Dwyer, 25, at Butler's Seafield address in Tramore, Co. Wexford, on 10 January 2014. Butler, also known as Thomas O'Grady and originally from Kilkenny, is accused of killing O'Dwyer, who was found with a knife injury and pronounced dead at Waterford Regional Hospital at 1.35 am on that day. Mr Justice Patrick McCarthy fixed 9 April 2018 as the start of the trial, which may extend into a second week. The case will be heard before a judge and jury.

2017-07-17 · Waterford

Date set for former sports coach Bill Kenneally's appeal against abuse sentence

Bill Kenneally, aged 67, a former sports coach, was convicted of indecent assault on ten teenage boys in Waterford during the 1970s and 1980s. He pleaded guilty to ten counts and was sentenced in February 2016 to 14 years and two months imprisonment by Judge Eugene O'Kelly at the Waterford Circuit Criminal Court. Kenneally's lawyers have appealed the severity of the sentence. The Court of Appeal has scheduled a hearing for January 26, with the case expected to last half a day. Kenneally was not present at the date‑setting hearing.

2017-07-13 · Limerick

Biker shot rival club member dead in territorial dispute, prosecution tell murder trial

In a Limerick murder trial, Alan McNamara (50) pleaded not guilty to the 2015 shooting death of Andrew O'Donoghue (51). McNamara, a former Road Tramps member who joined the Caballeros, allegedly fired a sawn‑off shotgun at O'Donoghue during a territorial dispute between the two clubs. The incident began when McNamara, wearing Caballeros colours, was confronted by Road Tramps members in Doon, a Road Tramps area. After a confrontation, McNamara allegedly shot O'Donoghue at point‑blank range. Robert Cusack (28), McNamara's stepson, was charged with impeding his apprehension and also pleaded not guilty. Both men are being tried together at the Central Criminal Court, with the trial continuing before Justice Paul McDermott and a jury. The prosecution presented evidence of the clubs' territorial conflict and the sequence of events leading to the fatal shooting.

2017-07-06 · Waterford

Murder accused who dismissed legal team and represented himself faces retrial after appeal

Tadgh Butler, 36, of Seafield, Tramore, was found guilty of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. During the trial he dismissed his legal team on day six and cross‑examined his nephew, Anthony O'Grady, presenting a new version of events that alleged Butler had accidentally stabbed O'Dwyer while trying to remove a knife from O'Grady. O'Grady denied this claim. The jury, after 2 h 26 min of deliberation, returned a unanimous guilty verdict and Butler received a mandatory life sentence on 15 May 2015. Butler appealed, arguing that the trial judge should have warned him that the new version could not be considered by the jury without sworn evidence. The Court of Appeal agreed, quashing the conviction and ordering a retrial, while noting that the trial judge had correctly instructed the jury that unsworn statements could not be treated as evidence. Butler was remanded in custody pending the retrial. Tadgh Butler pleaded not guilty.

2017-07-03 · Waterford

Court quashes murder conviction of man who represented himself during trial

Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at his home on 10 January 2014. During the trial he dismissed his legal team on day six and chose to represent himself, recalling his nephew, Anthony O'Grady, as a witness. Butler presented a new version of events, claiming he had accidentally stabbed O'Dwyer while removing a knife from O'Grady, a claim denied by O'Grady. The jury found Butler guilty after 2 h 26 min of deliberation and he received a mandatory life sentence on 15 May 2015. On appeal, the Court of Appeal held that the trial judge should have advised Butler that his new version could not be considered by the jury without sworn evidence. Consequently, the Court quashed Butler's conviction, with the possibility of a retrial to be considered later. Tadhg Butler pleaded not guilty.

2017-06-29 · Wexford

Provisional liquidator appointed to local newspaper publisher

The High Court appointed Mr Kieran Wallace as provisional liquidator for Wexford Echo Limited, the publisher of the Wexford Echo, Gorey Echo, New Ross Echo and Enniscorthy Echo. The court was told the company is insolvent and cannot pay its debts, with net liabilities of €834,000 at the end of May. Wallace will keep the four titles operating in the hope a buyer can be found, preserving their saleability and preventing any suspension that could prejudice a sale. The company employs 30 people across journalism, advertising, sales, sub‑editing, page production, finance and management. Its directors are Thomas Crosbie, Noel Wall, Daniel Francis Linehan, Thomas Joseph Murphy and Sean O'Keeffe. The company is a member of the Landmark Media Group, which has ceased financial support, leading shareholders to resolve to wind up the company and appoint a provisional liquidator.

2017-06-29 · Waterford

Waterford bin collection row comes before High Court

Oxigen Environmental Unlimited Company has taken Kollect on Demand Ltd to the High Court over a dispute concerning the collection of waste bins in Waterford City. Oxigen alleges that in 2016 it discovered that Kollect was collecting some of its bins and that, after Oxigen complained, Kollect gave written undertakings not to use Oxigen's bins or waste receptacles. Oxigen further claims that Kollect has been placing stickers bearing its own logo on bins that Oxigen says are its property. Oxigen seeks several injunctions: to prevent Kollect from using its bins or waste receptacles, from placing its stickers on Oxigen‑branded bins, and from asserting any entitlement to use Oxigen bins for waste collection. The judge granted Oxigen permission to serve short notice on Kollect and set a return date in July. Oxigen says the dispute threatens its business and that it has not received a response from Kollect to its cease‑and‑desist request.

2017-06-26 · Waterford

Trial date set for man accused of murdering 90-year-old Paddy Lyons

A trial date of 4 June 2018 has been set for Ross Outram, 26, of Ferryland, Waterford Road, Clonmel, who is charged with murdering 90‑year‑old Paddy Lyons in Waterford. Lyons was found slumped in a chair at his home with blood on his face and head injuries on 25 February. The case will be heard before a judge and jury in the Central Criminal Court.

2017-06-01 · Waterford

Experienced nurse found guilty of professional misconduct

An experienced Waterford nurse, Angelah Machekanyanga, was found guilty of professional misconduct by a fitness‑to‑practice inquiry. The case concerned a patient (Patient A) who underwent a hip‑replacement surgery on 26 November 2014 at the private Whitfield Clinic. Machekanyanga began her shift that evening and provided care to the patient and others throughout the night. A pain assessment at 10 pm recorded a pain level of 8/10, but no further assessment was documented until 6 am the next morning. The patient reported no relief until 3 am, when a doctor discovered a bleed in the buttocks, requiring a return to surgery. The inquiry found that Machekanyanga failed to perform the required Colour, Movement and Sensation assessment and failed to record the care she provided, amounting to professional misconduct and non‑compliance with the nurses' code of conduct. The hearing, which began in November 2016, was held at the Talbot Hotel in Dublin.

2017-05-26 · Waterford

ISIS funding suspect refused bail

Hasan Bal, 25, formerly of Waterford, was charged with providing and attempting to collect funding for the terrorist group Isis. At the High Court, Justice Aileen Donnelly refused him bail under Section 2A of the Bail Act, after hearing evidence from Chief Superintendent Dominic Hayes that bail would risk the commission of a serious offence. The State's barrister, John Berry BL, noted that the full book of evidence will be served within a month.

2017-05-25 · Waterford

Court upholds deception conviction for woman who hired bouncy castle through VEC

Catherine Callanan, 51, of Ballinroad, Dungarvan, was convicted of two counts of deception for hiring a bouncy castle and a minibus for her son's 21st birthday through the Waterford Vocational Education Committee (VEC). The jury found her guilty in 2015 and Judge Melanie Greally imposed a wholly suspended four‑month sentence. Callanan appealed, arguing that the jury should not have considered the deception. The Court of Appeal, in a three‑judge panel, upheld the conviction. Justice Alan Mahon held that the jury was correctly left to decide whether Callanan intended to deceive the VEC by invoicing the costs to the committee and whether she had sought authorisation. The appeal was dismissed, confirming the original verdict and the suspended sentence. The case highlighted the role of the VEC and the responsibilities of its staff in authorising purchases. The Court referred to a 1837 precedent on implied deception. The decision was delivered by Justice Mahon, with Justices Birmingham and Edwards presiding. Catherine Callanan pleaded not guilty.

2017-05-22 · Galway

Promontoria seeks summary judgement of €30.5m against Galway businessman

Promontoria (Arrow) Limited has applied for summary judgment of €30.5 million against Patrick (Paddy) Kennedy of Slieverue, Athenry, Co. Galway, alleging he failed to repay loans originally advanced by AIB for land purchases between August 2006 and August 2009 and later acquired by NAMA. Promontoria, having bought the loans from NAMA in December 2015, demanded repayment and appointed receivers over Kennedy's assets, including properties in Portumna, Athenry and an apartment in Waterford. The application was heard by Mr Justice Brian McGovern, who placed the case on the fast‑track Commercial Court list, with a hearing scheduled for July.

2017-05-19 · Waterford

Man charged with providing funding for Isis tells bail hearing he has "changed"

During a High Court bail hearing on 19 May 2017, Hasan Bal, a 25‑year‑old Irish Muslim, pleaded that he had changed and would not commit offences or contact Islamic fundamentalists if released. Bal, formerly residing on O'Connell St, Waterford, said he now focuses on family, community and multi‑faith groups. He told Justice Aileen Donnelly that he would not contact the Islamic State or commit any offences, adding "On the Koran, 100 per cent." The court adjourned the bail application to hear evidence from community members about his behaviour since his 2015 arrest. Bal faces charges of providing funding for a foreign terrorist group on 2 October 2015 and attempting to collect funding for a foreign terrorist group on 23 October 2015. Chief Superintendent Dominic Hayes opposed bail under Section 2A of the Bail Act, arguing it was necessary to prevent a serious offence.

2017-05-09 · Waterford

Pigeon racer granted temporary injunction preventing his suspension

Maurice O'Donnell, a 48‑year pigeon‑racing veteran from Dungarvan, secured a temporary High Court injunction that bars the Irish Homing Union (IHU) Southern Region and its Management Committee from suspending his membership of the Irish Homing Union National Flying Club. O'Donnell claims he was suspended without notice or explanation, and that the suspension breaches IHU rules and harms him personally. The injunction, granted ex‑parte by Mr Justice Paul Gilligan, also prevents the defendants from holding a meeting about the suspension or related matters. O'Donnell has previously served on the club's Management Committee, resigned after disputes over disciplining a member and over the use of fundraiser money, and has been involved in disputes over alleged threats. He was briefly reinstated in March, elected club President, but the suspension was reinstated in April without reasons, affecting his ability to race pigeons. The case is set for a return hearing next week.

2017-05-08 · Waterford

Murderer who cross-examined his own cousin at trial appeals conviction

Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. The Central Criminal Court found him guilty after a 2‑hour 26‑minute trial and sentenced him to mandatory life imprisonment on 15 May 2015. During the trial, Butler dismissed his legal team on day six and cross‑examined his cousin, Patrick O'Grady, a key prosecution witness, in what the judge called an "exceptional situation." Butler later claimed he had changed his defence, suggesting the stabbing was accidental, but the witness rejected this proposition and no evidence was presented to support it. Butler has now filed an appeal on several grounds, with the Court of Appeal reserving judgment. The appeal is pending, and no further procedural developments are reported in the article. Tadhg Butler pleaded not guilty.

2017-03-29 · Kilkenny

Evangelist tells cold case murder trial that loyalty to accused superseded reporting of confession

In a Central Criminal Court hearing, evangelist Billy Patterson testified that he had known John Joseph Malone, a 53‑year‑old accused of murdering 69‑year‑old Ann 'Nancy' Smyth in 1987, for over 25 years. Patterson, who worked as an evangelist for Kilkenny's Presbyterian Church, said he had run bible studies in private homes that Malone sometimes attended. After the killing, Patterson invited Malone for a conversation in his van, during which Malone allegedly confessed to the murder. Patterson claimed he advised Malone to contact the Gardai, but he later said he had not reported the confession immediately because he felt loyalty to Malone and feared betraying him. Patterson admitted that he had made statements to the Gardai in 2012 and 2012‑13, but he had omitted details of the confession in those statements. The court was informed that Malone had also confessed to two teenagers during a church trip to Tramore in the late 1980s. The trial continues. John Joseph Malone pleaded not guilty.

2017-03-13 · Waterford

Six-year jail sentence for man who raped 16-year-old girl and threatened to throw her in river

Peter Halligan, 23, of Kilcohan Park, Waterford, was sentenced at the Central Criminal Court for rape and oral rape committed at a riverbank in Waterford City on July 24, 2014. Halligan pleaded not guilty to both charges but was convicted by a jury after four hours of deliberation. The court heard that the accused, who had just left his girlfriend's house, covered his face and grabbed the 16-year-old victim from behind as she walked home. He threatened to throw her into the river and assaulted her in a quiet laneway. Although Halligan initially denied the attack, claiming another man was responsible or that the victim approached him, DNA evidence matched him to the scene. Mr Justice Paul Butler noted Halligan had no previous convictions, is a father to a six-year-old son, and had completed prison courses. The judge described the eight-year sentence as being in the middle of the scale but suspended two years, resulting in an effective six-year jail term. The judge stated Halligan was thought unlikely to re-offend. The victim, who was not present, submitted a report detailing trauma, flashbacks, and vulnerability. The matter was finalised with this sentence.

2017-03-09 · Dublin

Man with previous convictions for sexual assault and abduction of teen has "excessive" sentence cut for false imprisonment of girl (11)

Michael Martin, aged 37, was sentenced to 13 years for falsely imprisoning an 11‑year‑old girl he lifted from a green area near her home in Co. Laois. He was found guilty on 4 March 2015 and originally received a 17‑year term with the last four years suspended. On appeal the Court of Appeal deemed the sentence excessive and re‑sentenced him to 14 years, suspending the final three years for five years. The appeal judge noted the girl was physically lifted into a silver Nissan and that her ten‑year‑old brother's quick action prevented a more serious outcome. Martin had 92 prior convictions, including sexual assault and abduction, and pleaded guilty. He was required to enter a five‑year good‑behaviour bond after release. The court emphasised the gravity of the offence and the need to protect children.

2017-02-23 · Waterford

Lawyer found guilty of misconduct for failing to pay barrister fees

In February 2017 the Solicitors Disciplinary Tribunal in Dublin found former solicitor Eoin M Dee guilty of misconduct on three counts. The first count concerned the non‑payment of €1,691.24 in fees owed to senior counsel Aidan Doyle for a personal injury case involving an insurance company and a policy holder. The second count was the failure to respond to letters from the Law Society of Ireland in 2014 and 2015 about the unpaid fees. The third count was the failure to attend a meeting of the Law Society's complaints committee in July 2015. The tribunal noted that Mr Dee had practised as a solicitor from June 1998 until 31 January 2014 and that a High Court order in October 2016 had restricted him to practising only as an assistance solicitor.

2017-02-09 · Waterford

Retired businessman brings proceedings over "Tree Preservation Order"

In a High Court hearing, retired businessman John Cassidy of Rocklands House, Tramore, Waterford, argued that a Tree Preservation Order (TPO) issued by Waterford City and County Council on 8 November 2016 unlawfully prevented him from cutting down sycamore trees on his 6.5‑acre property, Bookies Wood. Cassidy had received a Limited Felling Licence from the Department of Agriculture in January 2016, allowing him to fell sycamores that were causing nuisance and safety concerns for neighbouring properties. He claimed that the TPO, which prohibits cutting down sycamores and Red Oaks, was imposed without his consultation and that it interfered with his lawful rights under the licence. Cassidy seeks judicial review to quash the TPO, declarations that the order is null and void, and damages from the council. Permission to proceed was granted by Mr Justice Seamus Noonan, with the case scheduled for a March hearing.

2017-02-06 · Kilkenny

"Inspirational" former addict again avoids jail over "biggest cannabis growing facility" ever found in Ireland

Christopher Zinck, aged 33, and Rory Kilkenny, also 33, pleaded guilty in Carlow Circuit Criminal Court to possession of cannabis for sale or supply at a site in Kidalton, Piltown, Co Kilkenny, on 2 May 2013. Kilkenny was sentenced to four years imprisonment, later increased to 12 years with four years suspended on appeal. Zinck received a wholly suspended nine‑year sentence, later increased to a fully suspended ten‑year sentence. The Court of Appeal upheld the suspended nature of Zinck's sentence, citing his rehabilitation and employment. The case involved a large cannabis grow operation with 2,504 plants and 43.54 kg of herb, valued at €2,874,174. Three Asian gardeners were sentenced to seven years with six years suspended. Zinck admitted involvement, receiving a €5,000 fee for delivering supplies to the growers. The court noted his 18‑month drug‑free period and praised his inspirational recovery.

2017-01-20 · Waterford

Father jailed for raping son and locking him in box gets more time for appeal

In 2016, a 66‑year‑old man from the UK was convicted by a Central Criminal Court jury of nine counts of raping his son from the age of six and one count of child cruelty, with an additional acquittal for a separate alleged rape with a poker. His 38‑year‑old partner was convicted of child cruelty but found not guilty of sexual assault allegations involving the child between ages six and seven. The parents had pleaded not guilty to 82 charges, of which 60 were withdrawn. The judge sentenced the man to 15 years' imprisonment, suspending the final year. In January 2017, the Court of Appeal granted the man an extension of time to appeal his conviction and sentence, with no objection from the State. The appeal was filed two‑and‑a‑half weeks late, and the man was not present for the procedural hearing.

2017-01-20 · Dublin

17-year sentence for false imprisonment of 11-year-old girl "overly punitive", appeal lawyers submit

Michael Martin, aged 37, was convicted of false imprisonment of an 11‑year‑old girl who was lifted from a green area near her hall door in Oldtown, Cullohill, Co. Laois on 4 March 2015. He pleaded guilty and was sentenced by Judge Keenan Johnson at Portlaoise Circuit Criminal Court to 17 years' imprisonment, with the final four years suspended, on 5 November 2015. Martin has now filed an appeal arguing that the sentence was overly punitive, disproportionate to the circumstances, and that the judge placed too much emphasis on aggravating factors and insufficiently on mitigating factors. His barrister, Kevin White BL, also contended that the judge erred in holding Martin failed to fully cooperate with the Gardai and that the judge's emphasis on protecting society was inappropriate. The appeal is pending before the Court of Appeal. The case remains at the sentencing stage, with no further verdict or outcome reported.

2016-12-19 · Waterford

Waterford murder accused set to stand trial next year

A 35‑year‑old man, Juraci Da Silva, originally from Brazil, has been charged with the murder of 28‑year‑old James Banville on 8 October 2016 at New Street, Waterford. The Central Criminal Court has set his trial for 2 October 2017.

2016-12-12 · Dublin

Man to appeal 17-year sentence for false imprisonment of 11 year old girl

Michael Martin, 37, was convicted of false imprisonment of an 11‑year‑old girl near Oldtown, Cullohill, Co. Laois, and sentenced by Judge Keenan Johnson at Portlaoise Circuit Criminal Court to 17 years' imprisonment, with the final four years suspended. The sentencing took place on 5 November 2015. Martin has lodged an appeal against the severity of the sentence. In the Court of Appeal, Mr Justice George Birmingham set a hearing for 20 January, but Martin was not present for the procedural matter. Michael Martin pleaded guilty.

2016-12-09 · Kilkenny

Court approves €4m settlement for brain damaged woman

The High Court approved a €4 million settlement for 27‑year‑old Rachel McCarthy, who had sued the HSE for medical negligence after her birth at St Luke's Hospital, Kilkenny, on 9 December 1989. Rachel's mother, Noreen, brought the action on her behalf, alleging that the HSE failed to provide adequate care during the delivery, that a lack of oxygen caused permanent brain injury, and that Rachel should have been delivered by caesarean section earlier that day. The HSE denied all allegations and the settlement was reached without admission of liability. Counsel Jeremy Maher SC described the settlement as a good one, representing 75 % of the claim's full value. Mr Justice Raymond Fullam approved the settlement on Friday evening, wishing the McCarthy family well. The settlement was reached without any admission of fault by the HSE.

2016-12-06 · Dublin

Jail for cigarette importer who tried to go back on guilty plea

Ihab Abou Alfa, 45, was jailed for three months after he tried to withdraw his guilty plea for importing €4,000 worth of cigarettes into Dublin Airport on 21 November 2013. The court found his conduct "unfortunate" because he attempted to change his plea and refused to accept responsibility. Judge Melanie Greally sentenced him to six months imprisonment, with the final three months suspended, citing the offence as low‑level but the conduct serious. Alfa had been caught red‑handed when Customs and Excise officer John Sinclair observed him acting strangely in the blue channel. The bag contained about 8,200 cigarettes valued at €3,832, costing the exchequer €2,324. Alfa had previously lived in Ireland, ran a painting business, and suffered a road traffic accident and persistent pain. He denied guilt and showed no remorse. The judge noted a non‑custodial sentence would have been appropriate but was overridden by his conduct.

2016-11-21 · Waterford

Man jailed for 13 years for "horrific" sexual abuse of nephew and niece

In Waterford, a 47‑year‑old man was sentenced to 13 years' imprisonment for sexually abusing his nephew in the 1980s and raping the nephew's sister a decade later. The victims were aged four to five when the abuse began. The abuse was reported after the youngest victim approached Gardaí in 2012, followed by her brother's complaint. The brother explained that he had wanted to come forward sooner but could not find the words, and that the abuse remained secret until his sister spoke out. The sister, who was four when the abuse started, described the lasting impact, including thoughts of suicide, drug and alcohol misuse, and the difficulty of describing the trauma. She said no sentence could restore her childhood. The accused pleaded guilty to rape, oral rape, sexual assault and indecent assault between 1988 and 2003. He has a mild intellectual disability, and a doctor noted concerns about his ability to cope alone in prison.

2016-11-14 · Waterford

Family of psychiatric patient describe shock at manner of her death

The family of Maria O'Brien, a 55‑year‑old patient at St Otteran's Hospital, expressed shock at her death after she was stabbed more than 100 times by Paul Cuddihy, a 38‑year‑old man with paranoid schizophrenia. Cuddihy, who had been found not guilty by reason of insanity for the murder of O'Brien on 5 September 2014, was committed to the Central Mental Hospital for ongoing treatment. O'Brien's son, Patrick Halley, described her as a bubbly, kind‑hearted person who loved her children and whose last words to Cuddihy were "remember the children." O'Brien's brother, Joe O'Mahony, spoke of the trauma of learning she had cried out for help and pleaded with her killer to stop. Dr Damian Mohan, a forensic psychiatrist, confirmed that Cuddihy remains ill, shows little remorse, and has not accepted his need for help. Justice Patrick McCarthy committed Cuddihy to the Central Mental Hospital under Section 5(2) of the Criminal Law (Insanity) Act.

2016-11-09 · Waterford

Hospital consultant who lost Ferrari in McLaren deal resolves action

A High Court action brought by Dr Eddie O'Donnell, a consultant obstetrician at Waterford Regional Hospital, against Ocean Vehicle Trading Ltd and its director, Oisin Legaspi, has been resolved. Dr O'Donnell alleged that he traded in his Ferrari California to part-finance the purchase of a 2012 McLaren MP4 12C, which he claimed he never received. The failure to deliver the vehicle or provide a refund led to temporary High Court freezing orders preventing the defendants from reducing their assets below €150,000. Counsel for the defendants, Yvonne O'Gara Bl, informed Mr Justice Paul Gilligan that the parties had reached an agreement involving payments to Dr O'Donnell. Consequently, the court struck out the case. The dispute originated in 2013 when Dr O'Donnell purchased the Ferrari from Mr Legaspi. In June, Dr O'Donnell agreed to trade the Ferrari for the McLaren. Although Mr Legaspi assured him the car was en route in August, it never arrived. Dr O'Donnell subsequently discovered the Ferrari had been sold in the UK for €137,300 through a dissolved company. He also found that the defendants' registered address in Sandyford was merely a post box, with no active trade conducted from the location.

2016-11-07 · Cork

"All over an argument about tv channels": man jailed for life for prison murder

Brian Veale, 31, was sentenced to life imprisonment at the Central Criminal Court for the murder of Graham Johnson in the kitchen of Cork Prison on 16 May 2015. Veale stabbed Johnson through the heart with a carving knife after an argument over television channels. The jury found him guilty after deliberating for 1 hour 56 minutes. Victim impact statements were read by Johnson's sister, Vivienne, and his 13‑year‑old daughter, describing the loss and emotional toll. Veale, originally from Dungarvan, had 105 prior convictions and was already in custody on a robbery charge when the murder occurred. The judge imposed the mandatory life sentence, consecutive to a previous offence imposed on 28 February 2015. The court heard that the knife used was available to kitchen staff and that the incident followed a brief confrontation over a horse‑racing channel. The case concluded with the judge's sentencing and no further legal proceedings reported. Brian Veale pleaded not guilty.

2016-11-04 · Waterford

Hospital resident found not guilty of murder by reason of insanity

Paul Cuddihy, 38, a former resident of St Otteran's Hospital, was found not guilty by reason of insanity for the murder of 55‑year‑old Maria O'Brien and for assaulting fellow resident Mary Nugent and nurses Breda Fennelly, Terry Hayes and Mary Grant. The jury, after 39 minutes of deliberation, concluded that Cuddihy, who suffers from paranoid schizophrenia, was in a psychotic episode when he stabbed O'Brien over 100 times and attacked the others. He was committed to the Central Mental Hospital, with a return to court on 14 November for a treatment plan. O'Brien's family described her as kindhearted and loving, while forensic psychiatrists testified that Cuddihy's delusions and voices drove his actions and that he was unaware of their wrongfulness. The case highlighted the application of the Mental Health Act in determining criminal responsibility.

2016-11-04 · Waterford

Jury to begin deliberating on insanity plea

In a case heard in 2016, Paul Cuddihy, aged 38, pleaded not guilty by reason of insanity for the murder of Maria O'Brien, aged 55, who was stabbed more than 100 times at St Otteran's Hospital on 5 September 2014. Cuddihy also faced charges of assault causing harm to nurses Breda Fennelly, Mary Grant, Terry Hayes, and fellow resident Mary Nugent, and he pleaded not guilty by reason of insanity to those charges as well. Prosecution counsel John O'Kelly SC presented evidence that Cuddihy killed O'Brien and attacked the others, stating that the facts were clear beyond reasonable doubt. He urged the jury to decide whether Cuddihy was sane or insane under the Mental Health Act, noting that forensic psychiatrists agreed he knew what he was doing but could not recognise it as wrong or stop himself.

2016-11-03 · Waterford

Accused had history of violent and delusional behaviour, jury told

In a Central Criminal Court hearing, Paul Cuddihy, aged 38, pleaded not guilty by reason of insanity for the murder of Maria O'Brien, aged 55, who died after sustaining over 100 knife wounds to her face, head and neck on 5 September 2014 at St Otteran's Hospital. Cuddihy, a former psychiatric unit resident, also faced assault charges against nurses Breda Fennelly, Mary Grant, Terry Hayes and fellow resident Mary Nugent, pleading not guilty by reason of insanity to those as well. Forensic psychiatrist Dr Brenda Wright testified that Cuddihy had a long history of paranoid schizophrenia, delusions of persecution, religious fixation, and auditory hallucinations, including claims that his father had killed his mother. He had repeatedly been admitted to psychiatric care since 2000, often refusing medication, and was eventually prescribed clozapine, which led to further bizarre behaviour and auditory hallucinations.

2016-11-03 · Waterford

St Otteran's Hospital resident died after suffering more than 100 knife wounds to head and face

In a murder trial at the Central Criminal Court, a 55‑year‑old resident of St Otteran's Hospital was found dead after suffering more than 100 knife wounds to her head and face. Deputy State Pathologist Dr Michael Curtis described the injuries, noting a broken nose, a knife wound to the jugular vein, and defensive wounds on her hands. He stated that the head and neck bore the majority of the stab wounds, with one penetrating eight centimetres and damaging the jugular vein, leading to death by blood loss. The stomach, organs, lungs and heart were reported as normal. The accused, Paul Cuddihy, 38, a former resident of the psychiatric unit, pleaded not guilty by reason of insanity to the murder of Maria O'Brien and to assault charges against nurses Breda Fennelly, Mary Grant, Terry Hayes and fellow resident Mary Nugent. A kitchen knife taken from Cuddihy at the scene was presented as evidence.

2016-11-02 · Waterford

Psychiatric nurse "feared for his life" during attack, trial hears

During a Central Criminal Court murder trial, Paul Cuddihy, 38, a former resident of St Otteran's psychiatric unit in Waterford, pleaded not guilty by reason of insanity to the murder of Maria O'Brien, 55, on 5 September 2014. He also faced charges of serious harm to nurse Breda Fennelly and assault causing harm to nurses Mary Grant and Terry Hayes, and to fellow resident Mary Nugent. Cuddihy claimed he was in a psychotic episode when he attacked residents and nurses, including Hayes, who said he feared for his life as Cuddihy lunged at him and continued the assault outside. Forensic psychiatrist Dr Paul O'Connell reported that Cuddihy has a 20‑year history of mental illness, including paranoid schizophrenia, and that his medication levels varied. O'Connell said Cuddihy's judgment was grossly impaired, preventing him from understanding the wrongness of his actions. The trial will proceed before a jury of seven women and five men, presided over by Justice Patrick McCarthy.

2016-11-01 · Waterford

Psychiatric hospital resident died after being stabbed more than 100 times

In a psychiatric hospital in Waterford City, Paul Cuddihy, aged 38, was tried at the Central Criminal Court for the murder of Maria O'Brien, aged 55, who was stabbed more than 100 times on 5 September 2014. Cuddihy pleaded not guilty by reason of insanity to all charges, including causing serious harm to nurse Breda Fennelly and assault causing harm to nurses Mary Grant and Terry Hayes, and to the assault on fellow resident Mary Nugent. The prosecution, led by John O'Kelly SC, described O'Brien's fatal wound as a jugular vein injury, with head trauma as a secondary cause of death. Nugent survived multiple stab wounds that did not hit an internal organ. The trial, set before Justice Patrick McCarthy and a jury, will continue tomorrow, with psychiatric evidence to be presented.

2016-10-28 · Waterford

Brexit no grounds for extradition appeals, judge finds

In a High Court decision dated 28 October 2016, Justice Aileen Donnelly ruled that Britain's exit from the EU does not provide a basis for appealing extradition orders. She upheld the presumption that the UK will comply with the 2002 Framework Decision on European Arrest Warrants, stating that no evidence had been presented to contradict this. The judgment concerned two individuals: Robert Donovan, a 57‑year‑old London‑born man with a life sentence for a 1974 murder, and an unnamed 78‑year‑old Irishman facing ten child‑sex‑assault charges. Donnelly rejected both men's applications for certificates to appeal, ordered their surrender to UK authorities within 25 days, and scheduled a costs hearing for the unnamed respondent on 14 November. The decision reaffirmed that the UK's obligations under the Framework Decision remain in force despite its withdrawal from the EU.

2016-10-26 · Waterford

Prisoner guilty of murdering fellow inmate after row over switching TV channels

A Central Criminal Court jury found Brian Veale, 31, guilty of murdering fellow inmate Graham Johnson, 41, at Cork Prison after a dispute over television channels. The trial heard that the argument began around 3 pm on 16 May 2015, ended briefly, but later that evening Veale entered the kitchen with a carving knife and stabbed Johnson in the chest. Witnesses, including Ming Feng Chen and prison officer Brian Forde, described the altercation and Veale's subsequent smile and remark that a life sentence would not matter. Pathologist Dr Marie Cassidy testified that Johnson died from a single stab wound that perforated the heart and aorta. DNA evidence linked Veale's clothing to Johnson's blood. The jury deliberated 1 hour 56 minutes and returned a unanimous verdict of murder. The case was adjourned for sentencing until 7 November, with Veale remanded in custody. Brian Veale pleaded not guilty.

2016-10-24 · Waterford

Father whose driving left daughter with "horrendous injuries" has ban reduced on appeal

Marcin Kazinski, 39, of Cappoquin, Waterford, pleaded guilty to dangerous driving causing serious bodily harm after a crash on 23 December 2011 that left his 12‑year‑old daughter with horrendous injuries, including spastic quadriplegia. He had been heavily intoxicated the day before the accident, and alcohol remained in his bloodstream at the time of the crash, though he had not drunk on the day itself. The original sentence, imposed by Judge Keenan Johnson at Waterford Circuit Criminal Court on 17 April 2013, was 240 hours of community service and a 10‑year driving disqualification. On 24 October 2016 the Court of Appeal, led by Mr Justice George Birmingham, reduced the disqualification to three years, citing the family's difficulties and the need for the father to drive to care for his daughter. The Court noted that the original 10‑year period was longer than statute allowed under the circumstances. The decision was made without altering the community service requirement.

2016-10-17 · Waterford

Mother who failed to protect son from "extreme sexual violence" by father is jailed

A mother was sentenced to 18 months in prison for failing to protect her six‑year‑old son from extreme sexual violence by his father. The father, convicted of raping the child and locking him in a wooden box, received a 14‑year sentence. The mother was convicted of a single count of child cruelty. Judge Robert Eagar noted she was aware of the abuse but did not alert authorities or protect the child. She has a history of sexual abuse and a mild to significant intellectual disability. She remains in contact with the father and prison staff worry she is being manipulated. The judge imposed a three‑year sentence with 18 months suspended, requiring no contact with the father during that period. The mother did not react to the sentence. The case highlights the mother's failure to act despite knowledge of the abuse. The unnamed accused pleaded not guilty and was acquitted.

2016-10-14 · Waterford

Brexit related extradition argument "wild speculation"

The High Court ordered the extradition of Robert Donovan, a 57‑year‑old convicted murderer, to the United Kingdom. Donovan had been serving a life sentence for the 1974 murder of Mr. Thornley on a London bridge and had been temporarily released from a UK prison in June 2010 with a duty to return by 19.30 hours. He failed to return, was considered unlawfully at large, and was believed to be residing in Waterford. Gardai arrested him on the basis of a European Arrest Warrant issued by UK authorities in November 2014. The judge, Ms Justice Aileen Donnelly, found no basis for concern that his rights would be violated if surrendered and dismissed the claim that the UK's exit from the EU posed a threat to his ECHR rights. Donovan was remanded in custody until the expected surrender date of 21 October.

2016-10-12 · Waterford

Wanted UK murderer was "at large" in Waterford

Robert Donovan, 57, a London-born convicted murderer, was arrested in Waterford on a European Arrest Warrant issued by UK authorities in November 2014. He had been serving a life sentence for the 1974 murder of Mr. Thornley on a London bridge, a case tried at Bow Street Magistrates Court. Donovan had been temporarily released from prison on 19 June 2010 with a duty to return by 19:30, but he failed to do so and was believed to be residing in Waterford. The warrant details that on 14 May 1974, Donovan, his brother and a friend were out early in the morning when they met Thornley, who invited them for a drink. Donovan then used a flick‑knife to stab Thornley in the throat, killing him, and stole his watch and golden bracelet. Gardaí arrested him in Waterford and he was taken to the High Court where extradition proceedings are ongoing.

2016-10-10 · Waterford

Father who raped son from age 6 is jailed for 14 years

A 66‑year‑old man was sentenced to 14 years in prison for raping his son from the age of six and locking him in a box in their Waterford home. The judge, Mr Justice Robert Eagar, imposed a 15‑year sentence with the final year suspended, and ordered a four‑year supervision period after release. The father, who has been registered as a sex offender, continues to deny the offences and intends to appeal the verdict. He was convicted of nine counts of rape and one count of child cruelty, but acquitted of raping the child with a poker. His 38‑year‑old partner was convicted of child cruelty but found not guilty of sex assault. The case involved the child being removed from the family home in 2011, placed in foster care, and later subjected to further sexual abuse by another child.

2016-07-29 · Waterford

Former FG Councillor loses appeal against corrupt payments conviction

Fred Forsey Jnr, a former Fine Gael councillor aged 45 from Dungarvan, lost his appeal against a conviction for receiving €60,000, €10,000 and €10,000 in corrupt payments from a property developer in 2006. The payments were alleged to have been made to influence Waterford County Council officials and councillors to grant planning permission for a development at Ballygagin, and to alter the zoning of the land in the Waterford County Development Plan. Forsey was also accused of seeking to bring the land under the control of Dungarvan UDC, where he was a member. A jury at Waterford Circuit Criminal Court found him guilty and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Fred Forsey Jnr pleaded not guilty.

2016-07-27 · Waterford

Trial judge was entitled to comment on evidence, court holds

Patrick Keating, 51, was convicted of murdering Joe O'Brien in Waterford in 2012 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. He appealed, arguing the trial judge had reversed the burden of proof. The Court of Appeal dismissed the appeal, ruling that the judge was entitled to comment on evidence and that any inadequacies were rectified after requisitions. The judge had instructed the jury that where two views were possible, they should hold the view most favourable to the accused, and that the absence of medical evidence regarding a skull fracture was a matter for experts, not for the jury to decide. The Court found no error in the judge's approach and no unfairness in the charge. Consequently, Keating's appeal was dismissed. The case involved conflicting witness testimony about a skull fracture, but the judge's instructions were upheld as adequate. Patrick Keating pleaded not guilty.

2016-07-26 · Waterford

Victim tells court he doesn't believe mother did anything wrong

In a victim impact report, a 12‑year‑old boy whose mother was convicted of child cruelty told the Central Criminal Court that he does not believe she did anything wrong. He blamed his 64‑year‑old father, who was convicted of nine counts of raping him when he was six and seven, and of putting him in a wooden box and nailing it shut in their Waterford home. The boy, now in specialised residential care in the UK, said he wished his mother had taken him away or placed him in care when the abuse started. He remains angry that she stayed with his father but says she was manipulated by him. The boy is two years behind in school, still shows aggression, and his long‑term mental and physical health is likely to be affected by the abuse. The unnamed 37 year old pleaded not guilty and was acquitted.

2016-07-12 · Dublin

Nigerian who handled stolen money from Mexican account pleads with judge

In the Dublin Circuit Criminal Court, Adebowale Okunade, 41, pleaded guilty to possessing the proceeds of crime and to four counts of dishonestly appropriating money from Dunboyne Credit Union and Waterford Credit Union between 14 November and 19 December 2014, as well as to using an electricity bill in another name to open a Ballyfermot Credit Union account on 15 December 2014. Okunade admitted that he had transferred €27,127 from a Bank of Ireland account into his own account in September 2014, and that the money originally came from a Mexican woman's brokerage account, which had been stolen. He exploited a "glitch" in the credit union system, using compromised credit cards to lodge and withdraw money, resulting in a total loss of €13,950 to the credit unions. Judge Melanie Greally sentenced him to three years' imprisonment for possessing the proceeds of crime, suspending the final 12 months of the term.