The Central Criminal Court heard that a 64‑year‑old father and a 38‑year‑old mother, both from the UK, will not be sentenced before October. They were convicted in May after a seven‑week trial that heard dozens of allegations of horrific sexual abuse against their young son. The jury found the father guilty of nine counts of raping his son from the age of six and of child cruelty, but acquitted him of raping the child with a poker. The mother was convicted of child cruelty but found not guilty of sex assault relating to allegations that she had sex or simulated sex with her child when he was between six and seven. The offences occurred between 2009 and 2011 in their Waterford home. The parents had originally faced 82 charges, but 60 were withdrawn. The mother was due to be sentenced today, but a psychological report on her was not ready.
In a June 3 hearing at the Central Criminal Court, Mr Justice Patrick McCarthy ordered Johanna Kelly, 43, back to prison for one year to serve part of a suspended sentence. Kelly had earlier pleaded guilty to the manslaughter of her 60‑year‑old grandfather, Patrick O'Brien, in December 2013, and received a six‑year sentence with two years suspended on the condition of abstaining from alcohol and engaging with probation services. The judge was informed that Kelly had failed to meet those conditions, including a failed attempt to attend a rehab clinic where she was removed after becoming violent. She also had a one‑week sentence for theft. Kelly pleaded for another chance, but the judge imposed a 12‑month custodial term, reducing the suspended portion from two to one year, and backdated it from May 28. The decision was presented as a final opportunity for rehabilitation.
In a hearing at the Central Criminal Court, Justice Patrick McCarthy considered whether to remand Johanna Kelly, 43, who had been released on conditions of sobriety and probation after pleading guilty to the manslaughter of Patrick O'Brien, 60, in December 2013. Kelly had been sentenced to six years in prison with two years suspended, contingent on compliance with the judge's conditions. Probation officer Katherine Lambert reported that Kelly had failed to meet those conditions, citing an incident at a rehab clinic, Cluain Mhuire, where she was removed after becoming violent while intoxicated. Lambert also noted that Kelly had previously pleaded guilty to theft and received a one‑week sentence. Kelly pleaded for another chance, expressing remorse and a desire to remain sober. Justice McCarthy described her breach as "egregious" and indicated he would consider sentencing her to serve the remaining two years of her sentence, but remanded her in custody until 20 June.
The High Court confirmed the appointment of Mr Kieran Wallace of KPMG as interim examiner for Debenhams Retail (Ireland) Ltd (DRIL). DRIL, which employs over 1,400 staff directly and 800 staff in concessions and cosmetics across 11 stores, has been seeking examinership after sustained losses since the 2007 recession and the withdrawal of support from its UK parent, Debenhams Retail plc. The court noted that DRIL has a reasonable prospect of survival if it follows a scheme of arrangement approved by the High Court, which would involve court protection and cost reductions, particularly rent, which the company claims are above market rates. Mr Wallace has up to 100 days to propose a scheme of arrangement with creditors. No objections were raised to the application, though Dooroy Ltd, landlords of DRIL's Dublin and Cork stores, expressed concerns that the parent company should be involved in the process.
A 38-year-old mother and her 64-year-old partner, both from the UK, faced sentencing following a seven-week trial in Waterford regarding alleged abuse of their son between 2009 and 2011. The jury convicted the mother of child cruelty, a general charge of allowing the abuse to occur at the hands of her partner, while acquitting her of two counts of sexual assault. The partner was convicted of nine counts of rape and child cruelty, though acquitted of nine counts of rape with a poker. Both defendants had pleaded not guilty. Mr Justice Robert Eagar remanded the mother in custody after Gardaí objected to bail, citing flight risk concerns as her partner was jailed. The partner was also remanded in custody. The mother is scheduled for sentencing on July 4, while the partner's sentencing is set for July 11. The child, now 12, remains in specialized care in the UK. The court noted the lack of corroborative evidence and inconsistencies in the child's testimony, which differed between his Gardaí statement and trial evidence regarding the mother's participation.
A jury in Waterford convicted a 64‑year‑old father of raping his six‑year‑old son and of one count of child cruelty for locking the boy in a box for six hours. The father was also found guilty of nine counts of rape with a poker, but acquitted of a charge involving a hot fire poker. The mother was acquitted of sexual assault and cruelty charges, though the jury was still deliberating on a single cruelty count against her. The trial, lasting seven weeks, heard allegations that the father filmed the child having sex with the mother, threatened to kill him, and defecated on him. The boy, who was taken into care before his eighth birthday, testified via video‑link from London, with special measures to protect his rights. No corroborating evidence such as a fire poker or videos of abuse was found during searches of the home. The unnamed 64 year old pleaded not guilty.
In a 2016 trial in Waterford, a jury heard that social workers failed to inform Gardaí that a boy had withdrawn allegations of sexual abuse by his parents. The boy had told a social worker in February 2015 that the claims—he was raped with a poker and forced to have sex with his mother—were "not real." Defence counsel Colman Cody SC argued that the retractions only reached Gardaí and the defence after a barrister discovered them in the child protection agency's files. Gardaí re‑interviewed the boy in February 2016 after learning of the retraction, and he then admitted the abuse had occurred. The parents faced 22 counts, with the father charged with nine counts of rape, nine counts of rape with a poker and one count of cruelty, and the mother charged with two counts of sexual assault and one count of cruelty. Both pleaded not guilty.
At the trial of a Waterford father and mother accused of sexually abusing their son, 60 of the original 82 charges were withdrawn, leaving 22 counts. The father now faces nine counts of raping the boy, nine counts of raping the boy with a poker, and one count of cruelty. The mother faces two counts of sexual assault and one count of cruelty. Both parents have pleaded not guilty to the allegations, which are alleged to have occurred between 2007 and 2011 in their Waterford home when the child was six. Mr Justice Robert Eagar stated the withdrawals resulted from legal issues and should not be viewed as a judgment on the veracity of the claims. Prosecuting counsel Pauline Walley SC delivered her closing speech, urging the jury to evaluate the evidence objectively despite the child's inconsistent testimony. She argued that the boy's detailed accounts and subsequent behavioral issues in care supported his credibility. The trial is in its final stages, with defence counsel scheduled to close their case tomorrow before the judge instructs the jury on the relevant legal issues.
The prosecution has finished presenting its case in a child‑abuse trial after six weeks of evidence. The case involves a boy who had alleged that his parents sexually abused him, including rape, use of a hot poker, forced incest and other violent acts, and that the father filmed some incidents. The boy, now 12, had previously retracted the allegations, claiming only physical abuse occurred, but later insisted the allegations were true and that he retracted them to avoid the trial. The guardian ad litem, an independent social worker, stated she did not believe the boy's retractions were genuine. The parents face 82 abuse charges between 2007 and 2011 and have pleaded not guilty to 16 counts each of sexual exploitation and one count of child cruelty. The trial will continue with legal arguments tomorrow and the defence may call evidence. The court will adjourn for lunch on Saturday if the weather is good.
Breffni O'Rourke, aged 67 and living in Ferrybank, Waterford, was convicted in 2012 of indecently assaulting a nine‑year‑old girl in his home in 1987. He had pleaded not guilty at the Dublin Circuit Criminal Court. The jury found him guilty and Judge Desmond Hogan sentenced him to two years' imprisonment, with the final 12 months suspended. O'Rourke appealed the conviction, but the Court of Appeal dismissed the appeal on several grounds. Justice Garrett Sheehan, sitting with Justices Alan Mahon and John Edwards, noted that O'Rourke was single and lived alone in a cottage, worked in credit control, and gave music lessons. He had begun teaching the victim in 1985, later moving lessons to his home. The court found the evidence of a 1992 meeting and subsequent complaints credible, and concluded that any alleged prejudice was minimal. The appeal was rejected.
In a Waterford abuse trial, a jury heard that a sex tape featuring the accused parents and another woman was found in the house. The father claimed the allegations were a result of "brainwashing" by the health board, stating the boy's accusations were implanted. The boy had previously alleged that his father raped him, sexually abused him with a hot poker, and forced him to have sex with his mother over several years from about age six. He also claimed his father filmed some incidents, held a gun to his head, and locked him in a box. The parents face 82 abuse charges from 2007 to 2011. Both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each, while the mother denied 16 sexual assault counts and the father denied 16 anal rape and 16 sexual assault with a poker.
The Court of Appeal has provisionally fixed October 28 for two sets of proceedings concerning Ali Charaf Damache, an Irish-Algerian citizen wanted by US authorities on international terrorism charges. The Attorney General is appealing the High Court's May refusal to order Damache's surrender, a decision based on Justice Aileen Donnelly's finding of a real risk of inhuman or degrading treatment in the USA. Although Damache's barrister, Mark Lynam BL, stated that Damache is currently undergoing extradition proceedings in Spain following his arrest there, the Director of Public Prosecutions intends to proceed with the appeal. Simultaneously, Damache is appealing the severity of his sentence for sending a menacing phone call to Majed Moughni in January 2010. Damache initially pleaded not guilty at Waterford Circuit Criminal Court but pleaded guilty on the sixth day of his trial. He was sentenced to four years' imprisonment, with the final 12 months suspended, by Judge Donagh McDonagh on February 27, 2013. The State has argued this sentence appeal is moot given the extradition developments. Justice George Birmingham agreed to hear all matters on the same date. The US alleges Damache conspired with Colleen LaRose, known as "Jihad Jane," to create a terror cell and facilitate identity theft for Al Qaeda members. LaRose was jailed for ten years in 2014 for a plot to murder cartoonist Lars Vilks. If convicted in the US, Damache faces up to 45 years in prison.
During the sixth week of the trial, the court heard that a Garda search of the Waterford home, conducted 15 months after the child was taken into care, yielded no poker or blood‑stained material. The search, authorised by a warrant issued in August 2012, uncovered a camcorder, DVDs and tapes, most of which were family‑related. The father, who is accused of raping his son with a hot poker and forcing the boy to have sex with his mother, is alleged to have filmed some incidents and shown them to others. He is also alleged to have held a gun to the child's head and left him locked in a box. The unnamed accused pleaded not guilty.
The trial of the foster parents heard a Garda report that a child, CF, who had been with the foster family from a very young age, was accused of sexual abuse against four children. Only one set of allegations was brought to court, where CF admitted abusing his foster mother's nephew. CF, now over 18, is awaiting sentencing and no longer lives in the foster home. The foster parents were minimally cooperative with the Garda investigation and the HSE. The alleged victim in the current trial was placed with the foster family after being removed from his parents' home at age eight in 2013. The parents face 82 charges of abuse between 2007 and 2011 in Waterford, but have pleaded not guilty to 16 counts each of sexual exploitation and one charge each of child cruelty. The trial continues before Mr Justice Robert Eagar and a jury.
In the Central Criminal Court, the trial of a man and woman accused of sexually abusing and neglecting their son has entered its fifth week. The proceedings included brief testimony from a garda specialising in child cases, who interviewed the boy in 2011 after he was removed from the family home by social workers. She reported that the eight‑year‑old was distracted and struggled to focus during the interview, and that in a second interview he tried to hide and was very aware of the camera. The boy has previously alleged that his father raped him, sexually abused him with a hot poker, and forced him to have sex with his mother over several years from about age six. He also claims the father filmed some incidents, showed them to others, held a gun to his head, and locked him in a box. The parents face 82 abuse charges from 2007 to 2011 in Waterford. The unnamed man pleaded not guilty.
In a trial at the Central Criminal Court, a nine‑year‑old boy alleged that his father raped him with a hot poker, sexually abused him, forced him to have sex with his mother, filmed the incidents, held a gun to his head and locked him in a box. The boy, taken into care when about six, was medically examined by Dr Elizabeth Walsh, who found no bruises, lacerations or scars on his genitals or anus and negative tests for sexually transmitted diseases. Dr Walsh explained that the absence of visible injury does not rule out sexual abuse, noting that 80 % of children show no signs within seven days of abuse and 95 % after more than seven days. The unnamed boy pleaded not guilty.
At the Central Criminal Court, an unnamed 48-year-old Waterford man was sentenced to eight concurrent life terms for offences committed between July 2 and July 5, 2015, in Dublin. The defendant pleaded guilty to the rape of two women in various ways, as well as false imprisonment, attempted rape, aggravated burglary, making threats to kill, and aggravated sexual assault. Mr Justice Patrick McCarthy described the offences as "wholly exceptional" and among the most serious cases of their type he had encountered. The court heard that the accused had previously been jailed for three and a half years last December for kidnapping and seriously assaulting one of the victims. During the current proceedings, the judge extended legal aid should the defendant appeal the sentence or conviction. The sentencing followed a detailed account of the assaults, including the victim's daughter hearing the attack via a voicemail, which alerted Gardaí. The defendant's solicitor noted the client had insight into his offending and was awaiting psychological treatment in prison.
During the trial, a foster mother of a 12‑year‑old boy who had been taken into care at eight and moved to her home in March 2012, explained that she had to seek counselling after the child left her home because of the "horrendous stuff" she had to listen to. She said the boy's sexualised behaviour had increased over time, leading to therapy in 2013. The boy had alleged that his father raped him, sexually abused him with a hot poker and forced him to have sex with his mother from about age six. The father is also alleged to have filmed some incidents, held a gun to the boy's head and locked him in a box. The parents face 82 abuse charges between 2007 and 2011, with both pleading not guilty to multiple counts of sexual exploitation, assault and child cruelty.
During a trial at the Central Criminal Court, a foster mother of a 12‑year‑old boy who was alleged to have been raped by his father and forced to have sex with his mother, stated that she believes the child's accusations. She described the boy as a "total contradiction," noting that he sometimes behaved child‑like and at other times acted and spoke like an adult, including sexual behaviour. She said she found it hard to believe an eight‑ or nine‑year‑old could fabricate such claims, citing an incident when the boy collapsed crying and nearly couldn't breathe. The boy had previously alleged that his father raped him, sexually abused him with a hot poker, forced him to have sex with his mother, filmed some incidents, held a gun to his head, and locked him in a box. The unnamed 12 year old pleaded not guilty.
A foster mother testified that a young boy, who had been abused by his father and forced to have sex with his mother, left her foster home because she believed he required more specialist care for his sexualised behaviour. She said the boy had been raped by his father, sexually abused with a hot poker, forced to have sex with his mother, and that the father had filmed some incidents and shown them to others. The father and mother face 82 abuse charges between 2007 and 2011, and both have pleaded not guilty to multiple counts of sexual exploitation, child cruelty, sexual assault and anal rape. The foster mother described the boy's behaviour, including attempts to touch her and his fear of his father, and noted that he was never allowed to be alone with younger children again. The trial is before Mr Justice Robert Eagar and a jury.
In a trial at the Central Criminal Court, a child who had been sexually abused and neglected by his parents testified that his father defecated on him as part of the abuse. The child, who had a good relationship with his second foster mother, had previously alleged that his father raped him, sexually abused him with a hot poker, forced him to have sex with his mother, filmed some incidents, held a gun to his head, and locked him in a box. He also claimed his father threatened to kill him if he told anyone. The foster mother, who gave evidence on day eleven, described the child's fear of showers and his father's sexual abuse in the shower, and his fear of being hurt by telling her. She praised the child's bravery and said she loved him. The trial continues before Mr Justice Robert Eagar and a jury.
In a Central Criminal Court hearing, a 12‑year‑old boy who claimed he was raped by his father and forced to have sex with his mother testified via video‑link about abuse he alleged occurred in Waterford between 2007 and 2011. He described being raped with a hot poker and having a gun held to his head. The parents face 82 abuse charges; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The mother also denied 16 sexual assault counts, while the father denied 16 anal rape and 16 sexual assault with a poker counts. During re‑examination, the boy said he still liked his father, citing "happy times" such as holidays. A teacher testified that the boy had behavioural problems, including biting, spitting, inappropriate touching, and talking about death, and that he was taken into care in 2011 after a school visit.
A 47‑year‑old Latvian man was jailed for seven years after pleading guilty to raping and sexually assaulting a 42‑year‑old woman in her Tipperary flat on 17 November 2014. He forced himself into her bedroom, beat her, dislocated her wrist, and performed anal, oral and vaginal rape while she was restrained. He also forced her to kiss him and threatened to act as a doctor. The victim, who had been living in poor accommodation, suffered nightmares and deteriorating mental health, and later returned to her native country. The court noted the offender's heavy alcohol intoxication and lack of prior convictions. The sentence, imposed by Mr Justice Patrick McCarthy, was back‑dated to the date of the offence and reflects the offender's guilty plea and foreign nationality. The case was heard at the Central Criminal Court.
During the child sex‑abuse trial in the Central Criminal Court, a 12‑year‑old Waterford boy gave evidence on the eighth day. He alleged that his father threatened to throw his partner out of the family home if she refused to have sex with their son. The boy also claimed that his father owned a rocket launcher, machine guns, an AK‑47, an Uzi, a sniper rifle, a silencer‑compatible gun, a Beretta similar to one in a James Bond film, an 18th‑century ceremonial sword and several knives. He said the father had filmed some of the alleged abuse and shown the footage to others, held a gun to his head, and locked him in a box. The parents face 82 abuse charges from 2007 to 2011; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial continues before Mr Justice Robert Eagar and a jury.
In a Waterford case, a 12‑year‑old boy is testifying at the Central Criminal Court about alleged abuse by his parents. He claims his father raped him, sexually abused him with a hot poker, and forced him to have sex with his mother over several years from about age six. The father is accused of filming some incidents and showing them to others, holding a gun to the boy's head, and locking him in a wooden box and later a larger metal‑barred box. The boy said he had forgotten to mention the second box to Gardaí and in last week's evidence. He described escaping by retrieving a key from a desk with a stick. The parents face 82 abuse charges and have pleaded not guilty to 16 counts each of sexual exploitation and one child cruelty charge. The trial continues before Mr Justice Robert Eagar and a jury.
During a trial at the Central Criminal Court, a 12‑year‑old boy, who was removed from his family home after alleging that his father raped him and forced him to have sex with his mother, testified that he was sexually abused while in foster care. He said the first foster family was almost as bad as his parents, with constant shouting but no hitting or rape. He also claimed that a relative of his foster mother sexually abused him, describing an older boy who wanted to have sex with him. The boy denied that his father had a gun to his head or that the father owned 50 guns and 50 bullets, insisting the allegations were true. The trial continues with the boy's evidence before Mr Justice Robert Eagar and a jury. The unnamed 12-year-old pleaded not guilty.
Patrick Keating, 51, who was jailed for life for the murder of Joe O'Brien in Waterford in 2013, has lodged an appeal against his conviction. Keating, who lived at Moyne House, Grattan Quay, Waterford, had pleaded not guilty to the 2012 murder at an apartment on William Street. The Central Criminal Court found him guilty and imposed a mandatory life sentence. In his appeal, Keating's counsel, Seán Guerin SC, argues that the trial judge effectively reversed the burden of proof by dismissing the prosecution's witness, Mr Anthony Marshall, whose testimony described Keating stomping and striking O'Brien's head with a dumbbell. Guerin contends that the judge's instructions undermined the defence's challenge to Marshall's evidence, which was not supported by medical findings. The Director of Public Prosecutions, John O'Kelly SC, maintains that the pathologist's evidence of severe head injuries and the absence of a skull fracture do not invalidate Marshall's testimony. The court will reserve judgment.
In a trial at the Central Criminal Court, a 12‑year‑old boy testified that his father raped him and forced him to have sex with his mother in their Waterford home over several years, beginning when he was about six. He said the father filmed some incidents and showed them to others, held a gun to his head, and locked him in a box. The boy also described being forced to use a hot poker. He recounted that his parents bought him toys, including a motorised bike, and that he enjoyed riding it up and down the driveway. He described picnics, day trips to the beach, and holidays elsewhere. The parents face 82 abuse charges from 2007 to 2011; both plead not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial continues with further cross‑examination before Mr Justice Robert Eagar and a jury.
In a Waterford case, a 12‑year‑old boy testified that his father sexually abused him with a hot poker, forced him to have sex with his mother, threatened him with a gun, and locked him in a box between 2007 and 2011. The boy disclosed the abuse only after being placed in foster care at age eight, stating that the absence of his father allowed him to speak. He told the prosecutor that his foster mother was safe and kind, unlike his father who used abusive language. The parents face 82 abuse charges; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial will continue with further evidence before a judge and jury.
Karen Browne, 27, of Waterford, travelled to Dublin to collect a bag of heroin worth €4,092 from a known drug‑dealing spot in Bawnogue, Clondalkin. She was to take 1.2 grams for her own use, which would have sustained her addiction for a week. On 23 September 2014, Gardaí followed her in a taxi, stopped her and found just over 27 grams of heroin in her handbag. Browne claimed she had been paid €950 to purchase the drugs for a man in Waterford. She pleaded guilty at Dublin Circuit Criminal Court. The judge, Melanie Greally, described her as co‑operative, frank and forthright. Browne was given a suspended two‑year sentence, with the court noting she had not previously come to garda attention and had secured employment at a garden centre in Wexford. The court expressed confidence that she would not appear before the courts again.
In a Waterford case, a 12‑year‑old boy gave evidence to a social worker that the allegations of rape by his father and forced sexual acts with his mother were not real. He later told the trial that the abuse did occur, but he had said it was false to avoid court. The boy, who was taken into care at eight, said he was forced by his father to have sex with his mother, sometimes while the father watched football, and that it happened weekly for 45 minutes to an hour. He claimed his father held a gun to his head and used a hot poker. The parents face 82 abuse charges and have pleaded not guilty to 16 counts each of sexual exploitation and one child cruelty charge. The trial continues tomorrow before Mr Justice Robert Eagar and a jury.
In a Waterford case, a 12‑year‑old boy gave evidence via video‑link that his father forced him to have sex with his mother and repeatedly sexually abused him with a hot poker, threatened him with a gun, and filmed the abuse. He said the abuse began when he was six and continued for about three and a half years, occurring roughly once a month. The boy also alleged that his father threatened to kill him if he told anyone, built a box in the shed to lock him in, and forced him to watch pornographic videos. The parents face 82 abuse charges from 2007 to 2011 and have pleaded not guilty to 16 counts each of sexual exploitation and one count of child cruelty. The trial continues with the boy's testimony before Mr Justice Robert Eagar and a jury.
In a Central Criminal Court hearing, a Waterford couple faced 82 charges of sexual abuse and exploitation of their son, aged between five and nine, and the father was also accused of raping him with a poker over a four‑year period. The parents denied all allegations, claiming the boy was a "difficult child" with attention deficit hyperactivity disorder and behavioural problems. They pleaded not guilty to 16 counts each of sexual exploitation and one charge each of child cruelty, while the mother also denied 16 counts of sexual assault and the father denied 16 counts of anal rape and 16 counts of sexual assault with a poker. The prosecution presented a medical examination that found no physical trauma but did not rule out sexual abuse. The boy, now 12, was to testify in the ongoing trial before Mr Justice Robert Eagar.
In March 2016, Mrs. Rosarii Molloy Curran settled a High Court medical negligence claim against Dr. Colm Quigley and the HSE for €60,000. The claim arose from her husband John Curran's death from lung cancer in April 2011. Mrs. Curran alleged that between August 2009 and his death, Dr. Quigley failed to diagnose, investigate, or follow up on lung cancer despite Mr. Curran's smoking history and repeated requests for further tests. He was misdiagnosed with low sodium, Raynaud's phenomenon, and other conditions, and no bronchoscopy or other investigations were arranged. The court approved the settlement, and Dr. Quigley apologized. The case highlighted alleged deficiencies in patient management and prompted calls for improved testing protocols. The settlement was accepted by the Curran family, who hoped it would lead to safer procedures for future patients.
A 47‑year‑old Waterford man, previously jailed for raping his daughter, was released on bail for kidnapping and assaulting his girlfriend. He later raped his girlfriend and, days later, her 60‑year‑old mother after breaking into the mother's house and threatening her with a knife. The mother was saved when her daughter heard the assault in a voicemail left by the attacker. The man pleaded guilty to rape of both women, false imprisonment, attempted rape, aggravated burglary, threats to kill and aggravated sexual assault. He was sentenced to three and a half years for the kidnapping and faces a strong possibility of life imprisonment for the latest attacks. His defence counsel requested a determinate sentence so he could work toward a target date, but the judge adjourned finalisation until May 3. The case was heard at the Central Criminal Court.
A 22‑year‑old asylum seeker from Nigeria, Kenneth Udeh, was sentenced to five years' imprisonment for raping a woman in Waterford on 14 September 2014. The victim was out for a night in the city when Udeh offered her a lift after she had left a pub. He raped her in his car, and a passer‑by shouted at them, causing Udeh to flee. The victim's victim impact statement described the assault as a "complete violation" that left her feeling she had nothing to live for and that it severely damaged her relationship with her partner. Udeh pleaded guilty on the day of his trial at the Central Criminal Court, where Judge Patrick McCarthy imposed a five‑year sentence back‑dated to reflect time already spent in custody. He is appealing his asylum status to the Refugee Appeals Tribunal.
In 2016 the Court of Appeal found the sentences given to two men for their roles in Ireland's largest cannabis‑growing facility too lenient. Rory Kilkenny, 33, pleaded guilty to possession of cannabis for sale and was originally sentenced to four years. Christopher Zinck, 32, also pleaded guilty and received a wholly suspended nine‑year sentence. The Court of Appeal re‑sentenced Kilkenny to 12 years, suspending the final four, and reduced Zinck's sentence by one year, keeping it suspended, hoping his rehabilitation could be preserved. The facility, discovered in Piltown, Kilkenny, contained 2,504 plants and 43.54 kg of cannabis, valued at €2,874,174. Three Asian gardeners were sentenced to seven years with six suspended. The Court noted Kilkenny's essential role and a subsequent offence in 2014, and Zinck's involvement in a serious enterprise but also his exceptional recovery, leading to the adjusted sentences.
In Waterford, a 22‑year‑old asylum seeker from Nigeria, Kenneth Udeh, pleaded guilty to raping a woman on 14 September 2014. The victim, who cannot be named, told the court she felt she had no reason to live after the assault and that it severely damaged her relationship with her partner. She said she now feared black men and would not take a taxi from a black driver, adding that Udeh should not be allowed to remain in the country. Udeh had arrived in Ireland in 2009, applied for asylum twice and was refused both times; he is appealing to the Refugee Appeals Tribunal. He was remanded in custody until 29 February for sentencing. The court heard a victim impact report in which the woman described Udeh as having "violated" her and taken "complete advantage" of her.
In a Central Criminal Court hearing, Shane Smyth, aged 29, was found not guilty of murdering shop worker Mairead Moran, aged 26, by reason of insanity. The jury was told the facts were not disputed and heard forensic psychiatrists Dr Brenda Wright and Dr Paul O'Connell testify that Smyth suffered from severe paranoid schizophrenia and was not capable of forming a specific intent. The judge explained that a verdict other than not guilty by reason of insanity would reject the psychiatric evidence. After 55 minutes of deliberation, the jury returned a unanimous verdict of not guilty by reason of insanity. The judge ordered Smyth to be detained in the Central Mental Hospital and excused the jurors from future service. No other charges or outcomes were reported in the article.
In the Central Criminal Court, a second forensic psychiatrist, Dr. Paul O'Connell, testified that Shane Smyth, 29, suffered from severe paranoid schizophrenia and was not capable of forming a specific intent at the time of the murder of Mairead Moran, 26, on 8 May 2014. Dr. O'Connell reviewed Dr. Brenda Wright's earlier report and agreed that Smyth was mentally disordered, unable to appreciate the nature of his actions, and lacked moral judgment. He was deemed fit to plead and stand trial after a January 2016 review. The jury was also presented with a post‑mortem report by Professor Marie Cassidy, detailing eight stab wounds and multiple organ injuries that caused Moran's death. The trial remains ongoing. Shane Smyth pleaded not guilty.
In a Central Criminal Court hearing, 29‑year‑old Shane Smyth pleaded not guilty to the murder of 26‑year‑old Mairead Moran on 8 May 2014 at Kilkenny's Market Cross Shopping Centre. The jury was told the facts were undisputed and that two consultant psychiatrists reported Smyth was suffering from psychosis at the time. Witnesses, including his cousin Rosemary Grogan, his partner Christy Fahy, and others, testified that Smyth claimed Moran had stolen a "vile of his blood," installed hidden cameras, and placed black‑widow spiders in his house. He also alleged that he had been bitten by spiders and that he was forced into a gang war. Smyth was arrested at his cousin's home at 10:05 pm that night, and the trial continues. The prosecution presented evidence of a blood sample taken while Smyth was in custody, which showed no detectable substances. The case remains in progress.
In 2015, approximately 350 people were serving life sentences in Irish prisons, with life terms averaging around 18 years. However, a select number of prisoners have served substantially longer. John Shaw and Geoffrey Evans, convicted in 1978 of abducting, raping and murdering two women in 1976 and 1977, received life sentences. Evans died in 2012 after 34 years in custody. Shaw remains imprisoned after nearly 38 years. Jimmy Ennis, now aged 84, is Ireland's longest-serving prisoner, having been incarcerated over five decades for a 1964 murder in County Cork. Noel Callan from Castleblayney, County Monaghan, and Michael McHugh were sentenced to death in 1985 for the killing of Sergeant Patrick Morrissey near Tallanstown, County Louth. Their sentences were commuted to 40 years imprisonment and both were released in 2015 after 30 years. Colm O'Shea and Patrick McCann received death sentences in 1980 for murdering two gardaí during a bank robbery in Ballaghedereen, County Roscommon, later commuted to 40 years. Both were released in 2013 after serving 33 years.
In 2011, Ms Martha McEnery was convicted of assault by the Waterford Circuit Court and sentenced to four months imprisonment, suspended for six months. The Court of Criminal Appeal upheld the conviction. Despite a clean disciplinary record and prior commendations, the Garda Commissioner served her with notice of intent to summarily dismiss her under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, citing her unfitness for retention. McEnery filed judicial review proceedings, arguing that the Circuit Court conviction did not preclude the Commissioner from conducting his own inquiry. The High Court dismissed her application, holding that the courts should not decide what behaviour warrants dismissal; that decision lies with the Commissioner and Minister. McEnery appealed to the Court of Appeal, which reversed the High Court, holding that Regulation 39 requires both material facts and a breach of discipline to merit dismissal.
A woman who says she was forced to work in Magdalene laundries for ten years has taken legal action against the Minister for Justice for excluding her from the government's redress scheme for victims of those institutions. She claims she was used as "forced labour" at St Mary's laundry in Waterford and St Mary's Refuge Magdalene Laundry in Dublin from age eight to 18, during the 1970s and early 1980s, and was not paid. She applied to the scheme set up in 2013 to compensate survivors, but her application was rejected because she was admitted to two industrial schools rather than the laundries themselves. In the High Court, she seeks orders to quash the Minister's refusal and to admit her to the Ex-Gratia Scheme for Women who were admitted to and worked at the laundries. The case was granted permission on an ex‑parte basis and is set for a hearing in March.
In December 2013, Johanna Kelly, aged 42, pleaded guilty to the manslaughter of Patrick O'Brien, a 60‑year‑old man, and was sentenced to a term with two years suspended on the condition that she engage with addiction rehabilitation and educational courses. In December 2015, the Central Criminal Court heard that since her release earlier that year, Ms Kelly had missed appointments with probation services and failed to attend the rehabilitation programme at Cluain Mhuire Addiction Treatment Centre. Probation officer Catherine Lambert reported that Ms Kelly missed a September appointment because she could not get out of bed after drinking too much, and that she had seen other people drinking at her home in Gorey. She also noted that Ms Kelly had not attended a hairdressing course arranged by social services.
In 2015, Breffni O'Rourke, a 67‑year‑old music teacher, appealed a 2012 conviction for indecent assault of a nine‑year‑old girl in 1987. He had been found guilty by a jury and sentenced to two years' imprisonment, with the final 12 months suspended. O'Rourke's barrister, Colman Cody SC, argued that the jury should have been discharged because of prejudicial evidence from the complainant's twin sister. She claimed O'Rourke was 'friendly' and had a 'habit of tickling us', and that he would put his hands under clothes and feel skin. Cody said this testimony was not probative and was highly prejudicial, and that it went beyond mere tickling. He also contended that the defence was denied access to notes from an English teacher that might have clarified the complainant's earlier statements. The Director of Public Prosecutions maintained that the witness's remarks were not prejudicial, and the Court of Appeal would reserve judgment. Breffni O'Rourke pleaded not guilty.
Ali Damache, an Algerian-born Irish citizen, is appealing a sentence he has already served for sending a menacing phone call to US Muslim activist Majed Moughni in January 2010. At Waterford Circuit Criminal Court, Damache initially pleaded not guilty but changed his plea to guilty on the sixth day of his trial. On February 27, 2013, Judge Donagh McDonagh sentenced him to four years' imprisonment, with the final 12 months suspended. During case management procedures in the Court of Appeal, his barrister, Mark Lynam BL, informed the court that although the sentence had been fully served, Damache wished to proceed with the appeal. Mr Justice George Birmingham granted Mr Lynam until the end of the term to file submissions. Damache was not present for this procedural matter. The report notes that there are ongoing proceedings regarding other matters involving Damache, including an appeal to the Court of Appeal against a High Court refusal to order his surrender to US authorities in July. Additionally, it was previously heard that Damache was arrested by gardaí in Waterford Courthouse in March 2013 on a High Court warrant shortly after pleading guilty to the menacing call charge.
In Dublin Circuit Criminal Court, Tadgh Butler, 34, known as Thomas O'Grady, pleaded guilty to assaulting Joanna Walsh on 30 April 2011 at St Patrick's Close, Kilkenny. Butler, a convicted murderer of Michael O'Dwyer, had 45 prior convictions. He broke a wine bottle, swung it at Walsh's face, and threatened to slit her throat. Walsh raised her arms to protect herself, later noticing blood on her arm. She asked Butler for an ambulance, but he refused, claiming he would be arrested. He was drunk and aggressive towards Walsh's family before being arrested. The DPP originally charged him with assault causing harm (maximum five years), but the State accepted a plea to common assault (maximum six months). The court imposed a four‑month sentence, to run concurrently with his life sentence for murder. The case was transferred from Kilkenny to Dublin due to publicity surrounding the murder charge.
In a High Court hearing on 4 November 2015, a 48‑year‑old man named Richard Butler sued Joseph Phillips, the pub owner Noel Walker and his son Ken Walker after Butler lost his left eye when struck by a pool ball during an altercation at McSuils public house in Castlehill, Carlow on 17 July 2012. Butler, a former ceramic tiler, was injured after he tried to hold back Phillips, who had been drinking for several hours and was described by Butler as "loud, aggressive and a troublemaker." Butler claims Phillips had threatened to "escape from Shelton Abbey prison" and called himself a member of the IRA. Butler alleges the pub failed to control Phillips, served him alcohol when it was dangerous, and should have evicted him. The pub owners deny the claims, arguing the assault was unforeseeable. Phillips is currently serving a prison sentence for the assault and is representing himself in the action.
Fred Forsey Jnr, a former Fine Gael town councillor aged 45, has lodged an appeal against his conviction for receiving three corrupt payments totalling €80,000 from a property developer in 2006. The Waterford Circuit Criminal Court found him guilty and sentenced him to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Forsey's counsel, Remy Farrell SC, argues that the trial judge misdirected the jury regarding the presumption of corruption, incorrectly instructing them that Forsey had to discharge the reverse burden on the balance of probabilities. Farrell also contends that the judge erred in allowing the case to proceed given Forsey's incapacity to grant planning permission as a councillor. The Director of Public Prosecutions, Denis Vaughan Buckley SC, maintains that the burden of proof remained on the defence and that the evidence against Forsey was overwhelming. The Court of Appeal, presided over by Mr Justice Seán Ryan, has reserved judgment. Fred Forsey Jnr pleaded not guilty.