Derek Byrne, aged 38, was arrested in December 2019 with a loaded semi‑automatic pistol, ammunition, gloves, a balaclava and a burner phone, items he claimed were for intimidation. The firearm and ammunition were incompatible, so they could not inflict injury on that occasion. Byrne and co‑accused Phillip McBride, aged 43, were both wearing two sets of clothing when apprehended. Byrne pleaded guilty to unlawful possession of a firearm and ammunition and has 78 prior convictions, including drug possession, public order and traffic offences. He was sentenced to seven and a half years in prison, with 18 months suspended, after the judge considered mitigating factors such as progress in custody for drug addiction. McBride will be sentenced on 14 January next year. The case involved a surveillance operation that led to Byrne leaving his home with a bag, driving a BMW with McBride, and a subsequent chase that ended on a grass verge where the gun was found.
Mark Hyde, 42, of Finglas, Dublin, pleaded guilty at Dublin Circuit Criminal Court to possession for sale or supply of cannabis at his home on February 4, 2020. Prosecutors stated that gardaí executed a search warrant and discovered 15 seed trays, plants in two tents, and four tubs of cannabis leaf estimated at just under €7,000. Hyde alleged he grew the plants to pay bills due to financial hardship and intended to sell the leaf to friends. The court noted his previous conviction in 2012 for cultivation of cannabis, for which he received a suspended three-year prison sentence, and a 2014 order for community service for forgery. Defence counsel argued Hyde was not running a wholesale operation but supplying a small circle to cover expenses, noting his involvement in Community Employment and receipt of rent allowance. Judge Melanie Greally adjourned sentencing to February next. She ordered Hyde to engage with the Probation Service to develop skills to avoid drug cultivation during financial difficulties. The matter was adjourned and not concluded.
The High Court has dismissed an application by Friends of the Irish Environment alleging that Roscommon County Council breached a court order regarding a proposed flood relief scheme. Mr Justice Garrett Simons rejected claims that council chief executive Eugene Cummins should be held in contempt. The case centres on a 3km pipeline designed to transfer water from Lough Funshinagh, a protected seasonal lake, to Lough Ree to alleviate flooding affecting nearby residents. FIE successfully challenged the original scheme last August on environmental grounds, and the council agreed to remediate works already carried out. However, the council subsequently obtained approval for emergency flood relief works under different statutory provisions in October, which would utilise the partially-constructed pipeline. The judge held that the August order did not prevent the council from pursuing the scheme under alternative legislation, and that obtaining fresh development consent constituted a significant change in circumstance. Mr Justice Simons invited FIE to bring judicial review proceedings if it wished to challenge the October decision, directing that any such application be heard before him.
The High Court will deliver a ruling this week on whether Roscommon County Council has breached a court order relating to a proposed flood relief scheme. The Friends of the Irish Environment brought the contempt allegation following High Court proceedings resolved in August concerning a three-kilometre pipeline designed to transfer water from Lough Funshinagh to Lough Ree. The council had accepted it had not fulfilled certain obligations regarding the flood relief works and agreed to carry out remediation. FIE subsequently claimed the council failed to comply with the remediation order and sought enforcement action against the council's chief executive. The council denies any breach and states the remediation plan is being implemented to address severe flooding affecting local residents. During submissions, Mr Justice Garrett Simons indicated he would not impose a custodial sentence if contempt were found, but rather a monetary fine. The council gave an undertaking to cease pipeline works whilst continuing remediation efforts. The judge's determination is expected next Thursday.
The High Court heard submissions on whether Roscommon County Council has breached a settlement agreement relating to a flood relief scheme involving a pipeline between Lough Funshinagh and Lough Ree. The Friends of the Irish Environment seeks an order to have the council's chief executive, Eugene Cummins, brought before the court on contempt allegations. FIE contends the council failed to comply with a Remediation Plan agreed in August following judicial review proceedings. The council denies breaching the agreement and maintains it has completed or substantially progressed remedial phases, with delays attributed to weather and pending facility identification. Mr Cummins objected to FIE's characterisation of the council's actions, stating the organisation used extreme language without disclosing contextual facts. The case concerns a proposed pipeline intended to protect homes from flooding. Mr Justice Garrett Simons adjourned the matter for hearing on the following Tuesday and determined that Mr Cummins need not attend.
Friends of the Irish Environment (FIE) has claimed before the High Court that Roscommon County Council is in contempt of court for allegedly breaching an agreement regarding a flood relief scheme. The dispute concerns the Council's plan to construct a 3km pipeline transferring water from Lough Funshinagh to Lough Ree, located 12km north of Athlone. FIE seeks an order for the Council's CEO, Mr Eugene Cummins, to be attached and brought before the court to answer the alleged contempt. Last August, the court granted FIE a temporary order halting works. The matter was subsequently resolved before a hearing when the Council consented to orders quashing its decision to permit the works, agreed to remediate the affected lands, and paid FIE's costs. A Remediation Plan was agreed between the parties. However, FIE alleges that on October 14, the Council used section 152 of the 2001 Local Government Act to authorise the pipeline's construction without consulting FIE. FIE claims the Council has taken no substantive steps to comply with the Remediation Plan by reusing previously constructed pipeline and manholes. FIE states it requested the Council to desist from these steps, but the request was not complied with. The matter came before Mr Justice Garrett Simons on Wednesday, where FIE's counsel, Jon Kenny BL, instructed by Eoin Brady of FP Logue Solicitors, presented the claim of contempt arising from the alleged breach of the August orders.
In Mullingar Circuit Criminal Court, a 31‑year‑old man was originally sentenced to 12 years in prison, with the last three years suspended, for defiling a 14‑year‑old girl and a 16‑year‑old girl at his apartment between 2017 and 2018. He pleaded guilty to both defilement offences and to two further counts of meeting a child for sexual exploitation. The Court of Appeal found the original 12‑year sentence excessive, reducing the headline sentence to 11 years. After considering mitigating factors, the court imposed a nine‑year prison term, suspending the final two years for ten years. The man remains on the Sex Offenders Register for life. The appeal was based on the judge's assessment of the gravity of the offences and the appellant's conduct, described as "cunning, manipulative and offensive.".
In a case heard at Mullingar Circuit Criminal Court, a 30‑year‑old man was sentenced to 12 years in prison, with the final three years suspended, for defiling a 14‑year‑old girl and a 16‑year‑old girl at his apartment between 2017 and 2018. He pleaded guilty to the defilements and to two counts of meeting a child for the purpose of sexual exploitation. Evidence showed he used Snapchat and Instagram to lure the girls with offers of free drugs, including cannabis, ecstasy and cocaine, before defiling them. The older victim reportedly consented to sexual activity. The man's counsel argued the 14‑year headline sentence was too high, citing lack of authority and isolation, while the DPP's counsel maintained the sentence was justified by aggravating factors such as drug use, age disparity, and premeditated social‑media contact. The Court of Appeal will rule on the appeal on Friday.
A man has been sentenced to eight years and nine months imprisonment by the Central Criminal Court following his conviction for the rape of his then partner's teenage sister. Stephen Lynch, with an address in Offaly, was found guilty in May 2021 of rape committed at a property in Athlone, County Roscommon, in October 2015. He was also convicted of sexual assault and assault causing harm arising from an incident in December 2015 at the same address. The court heard that Lynch had drugged and raped the first victim, then subjected a second woman to sexual assault while also attacking her friend who attempted to intervene. Justice David Keane imposed concurrent sentences, noting the offences were aggravated by the victim's age and the use of drugs. Lynch pleaded not guilty throughout. The sentences were backdated to May 2021 when he first entered custody following conviction.
In a High Court case, Janvier Tumusabeyezu, a Rwandan security guard, was injured when the car he rode in, driven by Daniel Muresan, crashed near Mullingar. Tumusabeyezu suffered soft tissue injuries, a bowel perforation, shoulder and back injuries, and later had abdominal surgery. He sued Muresan, who admitted negligence, and the Motor Insurers Bureau of Ireland (MIBI). The High Court ruled that MIBI was not liable for damages awarded to Tumusabeyezu. Muresan had no insurance, licence, NCT or tax on the Mitsubishi Colt. He claimed he had informed passengers of the lack of insurance, but Tumusabeyezu and two other passengers denied this. The High Court accepted Muresan's account, supported by a garda sergeant's testimony. Tumusabeyezu appealed, but the Court of Appeal dismissed the appeal, affirming the High Court's decision and ruling that the claim against MIBI must fail. The case remains at the appeal stage.
The High Court has opened a hearing to decide the amount of losses owed to four publicans who won test actions against FBD for failing to pay business‑disruption claims caused by Covid‑19. The plaintiffs are Aberken (Sinnott's Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar). Mr Justice Denis McDonald earlier ruled that FBD's policy covered losses from closures due to the pandemic and that the term 'closure' includes partial shutdowns. The current hearing, also before Mr Justice McDonald, will last about two weeks and will consider issues such as partial closure, staff costs, late payments, trends, under‑insurance and capital expenses. The court will hear evidence on how each issue applies to each pub, noting that Sean's Bar was closed from March 2020 to June 2021 and that partial closure was not relevant to it. The hearing continues.
In a High Court hearing on 13 May 2021, Mr Justice Denis McDonald ruled that the hearing to determine the quantum of losses claimed by four publicans against FBD's business‑disruption policy must be held within the two weeks remaining in the current legal term. The judge said no extra time could be granted before the term's August end due to limited judicial resources. He also criticised "unhelpful" cost correspondence between FBD's solicitors and those of two of the publicans, Aberken and Hyper Trust, urging a more professional approach. The publicans—Aberken (Sinnotts Bar), Hyper Trust (The Leopardstown Inn), Inn on Hibernian Way (Lemon & Duke) and Leinster Overview Concepts (Sean's Bar)—had previously won test actions against FBD for failure to pay Covid‑related disruption claims. The court noted progress on final orders, costs and quantum issues, and the hearing on quantum will begin on 6 July, with the judge available for only two weeks before the term ends.
Marek Gradzki, 51, of Magenta Hall, Santry, pleaded guilty in the Dublin Circuit Criminal Court to permitting a unit at Collinstown Cross Industrial Estate to be used for a sophisticated cannabis cultivation operation. He had sub‑let the premises to three Polish men who operated the cultivation in two concealed rooms and also had cannabis plants in a van outside. Gardaí obtained a search warrant and found 35 plants valued at €28,000. Gradzki denied knowing the plants were there and claimed he was only paid €500 for renting the unit. He had no drug convictions, but the judge found he knew a drug operation was taking place and had allowed it. He was sentenced to three years imprisonment, fully suspended on strict conditions.
In a High Court decision on 23 April 2021, Mr Justice Denis McDonald ruled that four Dublin publicans—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—were entitled to recover their legal costs, but only on a standard solicitor‑client basis, not the enhanced level. The judge also clarified that the term "closure" in FBD's Public House Policy covers partial closures, not only total shutdowns. He found that the policy's coverage applies when pubs are partially closed or restricted by government orders due to Covid‑19 outbreaks within a 25‑mile radius. The court will later determine the quantification of losses, and the case is set to return next month for further proceedings. The ruling affects about 1,000 Irish pubs and restaurants.
Simon Gold, a 54-year-old man from Aughavas, County Leitrim, received an additional one-year sentence at Dublin Circuit Criminal Court today following guilty pleas to possession of false instruments. Gold admitted having three fraudulent UK driving licences at an address in Delvin, County Westmeath, in October 2012, and four sheets containing 360 counterfeit AIB holograms at the same location in February 2014. He is currently serving a seven-and-a-half-year sentence imposed in 2019 after conviction on money laundering, theft, deception and control of false instruments charges. Judge Martin Nolan determined the offences were connected to the earlier convictions and declined to extend Gold's imprisonment, instead imposing the sentence to run concurrently from today. Gold, who has 46 previous convictions, is due for release in 2024.
In March 2021 the High Court concluded proceedings initiated by the Dublin Airport Authority (DAA) concerning Traveller families residing in the exclusion zone around the airport's new North runway. The DAA had sought orders and injunctions to obtain vacant possession of land in Collinstown, previously leased to Fingal County Council for Traveller accommodation. The DAA claimed the McAleer family occupied the land without entitlement and required its vacating urgently for runway work. The families, represented by Quinn & Reynolds Solicitors and the Free Legal Advice Centres (FLAC), denied wrongdoing and opposed the action, citing up to 30 years of residence. The injunction application had been adjourned for out‑of‑court discussions; the court was informed that the dispute had been resolved and could be adjourned until after Easter. The terms of the settlement remain confidential. The resolution was welcomed by FLAC, who said it prevented serious consequences for their client.
The Dublin Airport Authority (DAA) has begun new injunction proceedings against a Traveller family over land at Collinstown, needed for the airport's new north runway. The DAA seeks orders to remove several Traveller families from the site, which lies within an exclusion zone around the runway. The runway's completion date was moved from December to June, and the DAA fears further delays if the families remain. On Friday, the DAA obtained permission from Ms Justice Leonie Reynolds to bring an injunction application against Tracey and Martin McAleer, who moved onto the disputed site last week. The DAA claims the land, previously used by Fingal County Council for Traveller accommodation, was acquired and the licence expired in 2017. The DAA served a notice to quit, but four families, including the McAleers, have refused to leave. The DAA says the McAleers have no legal right to occupy the land and seeks orders to vacate and stop trespassing.
In a 2021 case, Simon Quilligan, aged 38, was sentenced to eight years' imprisonment with the final two years suspended after a court hearing in the Central Criminal Court. The sentence followed a trial where Quilligan was found guilty of possessing a firearm with intent to endanger life, making threats to kill or cause serious harm to two individuals, and causing criminal damage by breaking a caravan window. The offence occurred at a halting site in Tullamore, Co Offaly, where Quilligan discharged a firearm at a group that included children aged ten months to six years. He had threatened the occupants, saying he would kill them all and blow their brains out. The judge noted the presence of children taking cover under a caravan and the terror inflicted on the families present. Quilligan had previously been convicted of 38 offences in Ireland and four in other jurisdictions, including burglary and illegal weapon transport. Simon Quilligan was acquitted.
In a High Court case, publicans argued that FBD's Covid‑disruption insurance covered losses from partial closures, not only full shutdowns. They claimed the policy indemnified them during periods when pubs were partially closed or limited in trade due to government restrictions. FBD countered that the policy only covered "completely closed" premises. Judge Denis McDonald had earlier ruled that the policy covered losses from closures prompted by nationwide outbreaks within a 25‑mile radius. The court is to decide the quantum of losses later, with a timetable for pubs to submit financial information. The case involves four test actions by Dublin and Athlone pubs, and the parties are also disputing legal‑fee costs. The dispute centers on whether the pandemic‑induced closures fall within the policy's coverage clause.
In a Central Criminal Court hearing, Simon Quilligan, aged 38, was found not guilty of attempting to murder John McDonagh and of discharging a firearm that posed a substantial risk of death or serious harm. He was, however, found guilty of possessing a firearm with intent to endanger life, making threats to Melissa Cowman, Sandra O'Brien and Victoria Doherty, and damaging a caravan window. Quilligan had fled to the UK after the 2018 incident at a halting site in Tullamore, where he fired a weapon at the McDonagh family and threatened others. He was extradited back to Ireland, arrested in Athlone, and has been in custody since December 2019. The court noted his 38 prior convictions and the feud between the Quilligan and McDonagh families, which the defendant claims is now over. The judge remanded him in custody until March 9 for sentencing.
In a High Court decision, Mr Justice Denis McDonald ruled that FBD Insurance's policies cover losses suffered by pubs that closed due to Covid‑19, overturning the insurer's earlier refusal to indemnify four test cases. The four pubs – Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar) – argued that their policies included a clause indemnifying them when closures were caused by outbreaks within 25 miles. FBD contended that the closures were not linked to such outbreaks and that it never insured against pandemics. The judge rejected FBD's interpretation, stating that coverage is not lost when closures are prompted by nationwide outbreaks. The parties remain in discussion over the quantum of payouts, with the court scheduled to address outstanding issues on 26 February. FBD has announced it will not appeal the ruling.
The High Court has been asked to amend the grounds of a legal challenge brought by Thomas Reid against An Bord Pleanala's decision to allow Intel Ireland to proceed with a €3.76 billion expansion of its Co Kildare plant. The action was brought by Thomas Reid, who resides near the Intel Campus in Collinstown, outside Leixlip. The proposed expansion, if approved, would be one of the largest construction projects in the country's history. Reid claims that the board's 2019 decision permitting the expansion was contrary to EU Council directives, lacked sufficient reasoning, and violated fair procedures. Intel Ireland and An Bord Pleanala have applied for the court to amend the action and exclude certain material from the case, arguing that Reid failed to raise specific issues before the board. Intel's application is supported by the board, which asserts that Reid missed the opportunity to present these arguments during the initial proceedings. Reid, represented by James Devlin SC, opposes the motion, arguing that he should be allowed to present his case in full. The application was heard by Mr Justice Richard Humphreys, who reserved his decision. The full hearing of the action will take place later this year.
In a landmark High Court decision, Mr Justice Denis McDonald ruled that four pub owners are entitled to compensation from insurer FBD for losses caused by Covid‑19 closures. The judge held that the policy's coverage applies when a closure is prompted by outbreaks of contagious disease within a 25‑mile radius, even if the government's nationwide order is the proximate cause. FBD's argument that it never covered pandemics was rejected. The court clarified that losses incurred before the imposed closure are not part of the insured peril and that the pub owners may claim indemnity until losses cease or the indemnity period ends. The judge adjourned the case for further submissions, noting that the quantum of losses will be determined later. The decision affects about 1,000 Irish pubs and restaurants seeking claims under similar policies.
The Dublin Airport Authority (DAA) has sought to add Fingal County Council to proceedings it has brought against Traveller families occupying land in Collinstown, north Dublin, which the DAA claims is needed for a new North Runway. The DAA alleges the land, previously leased to the council for Traveller accommodation, is now occupied by members of the McAleer family who have no entitlement to be there. The families, represented by Quinn & Reynolds Solicitors and the Free Legal Advice Centres, deny wrongdoing and oppose the DAA's action. The DAA says it has no option but to involve the council because the council failed to hand over vacant possession after a notice to quit in 2017. The High Court, hearing the case, has allowed the DAA to seek permission to join the council to the action, with the matter adjourned to a later date.
A garda who pleaded guilty to causing the death of a woman by dangerous driving has been jailed following a successful appeal by the Director of Public Prosecutions. Patrick McDonnell, aged 42, with an address in County Galway, was originally sentenced to two years suspended at Trim Circuit Court in June 2020 for the death of Jacqueline Wolohan on the M4 near Kinnegad, Westmeath, on 13 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed two-and-a-half years imprisonment, with the final year suspended for two years. The three-judge court accepted that the trial judge had placed disproportionate weight on McDonnell's character and previous record while insufficiently regarding the speed of his vehicle, recorded at approximately 140 kilometres per hour, and his departure from the scene. Ms Wolohan, aged 51 from Dublin, was returning from Longford when struck from behind. McDonnell, an 18-year garda, is subject to summary dismissal proceedings.
The High Court has postponed delivering its judgment in four cases brought by pub owners who challenge FBD Insurance Plc's refusal to pay business disruption claims arising from the Covid‑19 pandemic. Mr Justice Denis McDonald agreed to delay the decision to allow the parties to submit further arguments based on a forthcoming UK Supreme Court ruling that may affect the interpretation of "non‑damage" clauses in business interruption policies. The four pubs—Aberken (Sinnotts Bar), Hyper Trust Ltd (The Leopardstown Inn), Inn on Hibernian Way Ltd (Lemon & Duke) and Leinster Overview Concepts Ltd (Sean's Bar, Athlone)—argue that their policies cover losses when premises are closed by government order due to an outbreak within 25 miles. FBD contends the closures were not caused by an outbreak at the premises and that its policies do not cover pandemics, a risk not normally insured in Ireland.
In a Dublin Circuit Criminal Court hearing, Judge Martin Nolan sentenced Shaun Groome, 32, to 15 years' imprisonment for a brutal assault on Ciarán Murphy, 32, which involved 16 stab wounds and an arson attack that left Murphy with 96 % burns. Groome pleaded guilty to assault causing serious harm and criminal damage by arson. The judge described the offence as "exceptional" and noted Groome's "murderous intent" despite his guilty plea, reducing the headline 20‑year sentence to 15 years with no suspended portion. Groome claimed his actions were driven by misinformation that Murphy was a Garda informant and that he was influenced by drugs. The court considered his remorse, prior convictions, and potential for rehabilitation, but imposed the full custodial term. Murphy suffered severe injuries, lost his ears, and continues to endure pain. The case also involved co‑accused David Keena, 21, who received a five‑year sentence for his role.
A dispute involving family members over the running of Foxfield Inns Designated Activity Company, which owns well-known hotels in Dublin and Galway, has been admitted to the fast-track Commercial Court list. Mary Flannery, an applicant, alleges that her brothers Frank Flannery, Kevin Flannery, and sister-in-law Sheelagh Flannery, along with accountant James Norton, have acted in an oppressive manner, infringing her rights as a shareholder and director. Ms Flannery claims she was denied answers to her questions about the firm's affairs, which she says is oppressive to her interests. She also alleges that Mr Norton, who was appointed the personal representative of her late brother, acts as a 'shadow director' and exerts undue influence over the company. Mr Norton denies all allegations of wrongdoing. Mary Flannery has also raised concerns about the company's financial dealings, including payments to Mr Norton, corporate governance fees, and alleged irregularities in the company's banking arrangements and transactions. She claims that no proper explanation was given for the purchase and sale of an apartment in New York or the receipt of rents from commercial units in Galway by an entity called AutoExec. Mary Flannery seeks various orders from the court, including the purchase of shares, regulation of the firm's affairs, compensation, or the appointment of a liquidator. The matter was adjourned to a date in January, with the court to consider the application by Andrena Flannery to be added as a party to the action at a later date.
Shaun Groome, aged 32, pleaded guilty via video link to a 2015 attack on drug dealer Ciarán Murphy. He admitted to causing serious harm and to criminal damage by arson at Murphy's home in Coolcor, Offaly, between 6 and 7 September 2015. Groome's co‑accused, David Keena, 21, had been jailed for five years for assault causing serious harm and arson. Murphy, 29, was stabbed 16 times and set on fire after a false rumor that he was a Garda informant. He suffered 96 % burns from the neck down and multiple stab wounds, including to the heart cavity. The court heard Groome was arrested at Baldonnel Aerodrome; a warrant had been issued. Judge Martin Nolan remanded Groome in custody and scheduled a sentencing hearing for 21 December, when full facts will be considered.
In a Circuit Court claim, 55‑year‑old Pamela Dudgeon sued Supermac's Ireland Limited for personal injuries sustained when a chair at a Galway outlet broke on 6 January 2017, causing her to fall. She alleges injuries to her lower back, backside and abdominal muscles, pain, difficulty driving and sleeping, and loss of work ability. Dudgeon seeks damages for negligence. Supermac's acknowledges the chair broke but denies that she fell or suffered the injuries claimed. Dudgeon's lawyers requested CCTV footage of the incident to support her claim; Supermac's opposed the request, arguing the footage was unnecessary. The Circuit Court rejected the request, and the High Court upheld that decision, stating the defendant's admission of the chair's defect made the CCTV unnecessary for the claim. The parties remain in dispute over causation and quantum of damages.
In a Dublin Circuit Criminal Court hearing, David Keena, aged 21, was sentenced to six and a half years' imprisonment, with the final 18 months suspended, for his role in a 2015 arson attack on Ciarán Murphy, a low‑level drug dealer in Offaly. Keena, who was 17 at the time, pleaded guilty to assault causing serious harm and criminal damage by arson. He was found to have stabbed Murphy 16 times and poured petrol over him, resulting in 96 % burns and multiple stab wounds, including to the heart. Murphy survived but suffered life‑threatening injuries and permanent physical and mental trauma. Keena's sentence runs consecutively with a previously imposed six‑year term for a drug‑dealing offence. The court noted Keena's youth, lack of prior convictions and drug use as mitigating factors. The case involved a false rumour that Murphy was a Garda informant, spread by his former girlfriend, which the court found to be untrue.
Judgement will be given early in the New Year on four important test cases brought by pub owners over the refusal of insurer FBD to pay out on business disruption losses over the Covid-19 pandemic. The four publicans have challenged FBD Insurance Plc's refusal to indemnify them and its stance that its policies do not cover the disruption caused by the pandemic. The test cases were brought by Dublin bars Aberken (trading as 'Sinnotts Bar'), Hyper Trust Ltd (trading as 'The Leopardstown Inn'), Inn on Hibernian Way Ltd (trading as 'Lemon & Duke'), and Leinster Overview Concepts Ltd (owner of 'Sean's Bar' in Athlone, Co Westmeath). Each pub owner claims that their policies with FBD cover consequential losses due to an 'outbreak of contagious or infectious diseases' within 25 miles of their premises. FBD disputes this, arguing that closures were not due to an outbreak at the premises or nearby areas and that the general insurance market in Ireland does not cover pandemics. The matter was adjourned following a three-week hearing, with Mr Justice Denis McDonald stating he hopes to deliver his decision in mid-January. The court proceedings were conducted using TrialView, a remote court system praised for its functionality during the hearing.
A senior FBD executive, Kate Tobin, admitted it was "somewhat unfair" that the insurer had told Noel Anderson, owner of the Dublin bar/restaurant Lemon and Duke, that his business disruption policy would cover losses caused by Covid‑19, only to withdraw that cover weeks later. Anderson, whose partners include rugby players Sean O'Brien, Dave and Rob Kearney, and Jamie Heaslip, had switched to FBD believing its policies covered coronavirus. He was outraged when FBD informed him after the March shutdown that the policy did not cover pandemic‑related losses. Tobin, speaking by video link, acknowledged the withdrawal was unfair and explained that the email sent in early March was vague. She said that if she had known at the time, she would have advised that the policy did not cover a general quarantine or government‑mandated lockdown.
In a High Court hearing, Paul Shanahan, a Business Development Executive at FBD Insurance, admitted he mistakenly informed Noel Anderson, managing director of the 'Lemon and Duke' bar, that FBD's business disruption policy covered losses caused by the Covid‑19 outbreak. Shanahan said he had emailed Anderson in early March stating the policy covered Covid‑19 related losses in the event of a forced closure, but after a meeting with publican representatives and senior FBD staff on 17 March he learned the policy did not cover such losses. He expressed concern, informed Anderson of the insurer's position, and sought guidance from his line manager on handling the bar's claim. Shanahan testified before Mr Justice Denis McDonald, under cross‑examination by Michael Cush SC, and stated he would never have misled a customer about coverage. FBD's Chief of Underwriting, Kate Tobin, also testified that confusion within the insurer led to the final position that Covid‑19 was not covered.
In a High Court hearing on 13 October 2020, Noel Anderson, Managing Director of the Dublin bar Lemon and Duke, testified that he had been assured by FBD that its insurance policy covered business disruption losses caused by Covid‑19. Anderson switched insurers in early March after learning the previous policy did not cover pandemic‑related losses. He claimed FBD had assured him of coverage for wages, losses and rent during lockdowns, and that the policy covered up to €3.2 million. In April, FBD informed Anderson it would not provide coverage, which he described as disingenuous. Anderson, who has partners including rugby players, argued that the policy's plain‑English wording indicated coverage for Covid‑19 closures. The case is part of a group of four pubs suing FBD for breach of contract over pandemic‑related business interruption claims. The hearing continues.
The High Court heard evidence on the fourth day of a test case brought by four pubs against Insurers FBD regarding pandemic-related losses. Stephen Cooney, a director of the Loyola Group which includes the Leopardstown Inn, testified that the hospitality trade has become much tougher since March. He stated that his business suffered immense losses and described FBD's response as a 'wall of silence,' noting that litigation was pursued as a last resort. Cooney denied claims that his business had declined prior to the closure, attributing a pre-closure drop to St Patrick's Day falling on a Tuesday. He argued the FBD policy covered business interruption from disease outbreaks, citing examples like Foot and Mouth. The applicants, including Sinnotts Bar, The Leopardstown Inn, Lemon & Duke, and Sean's Bar, claim FBD breached contract by refusing to indemnify them for closures ordered by the government due to contagious disease outbreaks within 25 miles. FBD disputes this, arguing a pandemic does not fit the policy clause. Counsel for FBD, Remy Farrell SC, noted a media-related issue had been resolved. The hearing was adjourned and continues next week.
In a High Court hearing on 8 October 2020, FBD Insurance's counsel, Declan McGrath SC, argued that the company's business interruption policies cover only localised disease outbreaks and do not extend to pandemics such as Covid‑19. McGrath rejected the claim that FBD was obliged to indemnify four Irish pub owners for losses incurred during the pandemic, stating that the policies do not cover pandemics and that the relevant peril is the period of government‑ordered closures, not the virus itself. He noted that the policies' clause covering closures due to outbreaks within 25 miles does not apply to a pandemic. McGrath also indicated that evidence would be presented showing that the bar and restaurant sector had already suffered losses from fear of Covid‑19 before the March closures, and that similar losses occurred in countries without enforced closures.
In a Commercial Court hearing, insurer FBD denied providing pandemic coverage, stating no policy for Covid‑19 had ever been requested. Four Dublin bars and a Westmeath pub sued FBD, claiming their policies covered losses from closures due to outbreaks within 25 miles. FBD argued the pandemic was outside the clause, citing specialist overseas brokers for such coverage. Counsel cited an English High Court ruling favouring the FCA, but argued the UK decision should not bind the Irish court. The parties discussed a potential breach of an implied undertaking regarding media release of pre‑trial documents. Judge Denis McDonald called the matter serious and urged investigation. The case remains ongoing, with parties agreeing to liaise on the undertaking issue. The hearing continues.
In a Commercial Court hearing, four Dublin‑based publicans and a bar in Athlone challenged FBD Insurance PLC's refusal to pay business interruption claims arising from the Covid‑19 pandemic. Senior Counsel Michael Cush argued that FBD's position—that the pandemic does not fall within the policy's coverage of "outbreaks of contagious or infectious diseases" within 25 miles of the premises—is "plainly wrong" and "makes no sense." Cush highlighted that the insurer's interpretation would exclude coverage for nationwide closures, a stance he said was unsupported by the policy documents. The publicans claim breach of contract and seek orders directing FBD to indemnify them for losses incurred during the temporary closures that began in mid‑March. The case, which involves 1,100 Irish pubs and bars, is ongoing and is expected to last several weeks.
The Court of Appeal has dismissed an appeal by a debt collector against an 18-month custodial sentence imposed for intimidation and harassment offences. Kevin Molloy, aged 51, originally from Donegal and currently residing in Cavan, was convicted in May at Mullingar Circuit Criminal Court of harassing a man and his daughter between April and August 2015. His offences included threatening to kidnap and harm an individual, and arranging the distribution of defamatory flyers at equestrian events and in Mullingar. Molloy, who operated a debt recovery business based in Kildare, received a headline sentence of four years with 18 months suspended. The three-judge court, presiding over the appeal on Friday, upheld the sentencing judge's assessment that the offences fell within the upper mid-range. The judges described the 18-month actual custodial term as generous and rejected claims the sentence was unduly harsh. The court also upheld a seven-year ban on Molloy operating as a debt collector, deeming it legitimate and proportionate. Molloy was permitted time to arrange his affairs before beginning his sentence on 30 September.
David Nevin, 46, of Quay Road, Terryglass, Nenagh, Tipperary, was sentenced to 18 months in prison for a series of fraud offences. He used forged bank statements and payslips to obtain a €40,000 loan and to lease an Audi A5. Nevin pleaded guilty to inducing the hand‑over of the car at Leaseplan in Dublin on 14 June 2018, to presenting a fake AIB statement at Leaseplan Fleet Management Services on 28 May 2018, to using a false payslip in a KBC credit‑card application, and to deceiving a staff member at the Bank of Ireland Operations Centre in Cabinteely to authorise the loan. He had previously repaid €5,500 and brought an additional €1,000 to court. The car was returned to the leasing company. Judge Elma Sheahan noted the offences were pre‑meditated and part of an "aspirational lifestyle." She imposed a two‑year sentence, suspending the final six months.
The Court of Appeal has increased the prison sentence of Oliver Berry, a 63-year-old father from Mullingar, Co Westmeath, from ten to 13 years for the rape and sexual assault of his daughter, Jennifer Berry. In November 2018, a jury at the Central Criminal Court convicted Berry of 105 counts of raping and sexually assaulting his daughter between December 1982 and December 1994, when she was aged seven to 19. Berry, who pleaded not guilty to all charges, maintains his innocence and has a separate application before the Court of Appeal against his conviction. The Director of Public Prosecutions appealed the original ten-year term, arguing it was too lenient given the severity of the offences, which included rape during the victim's pregnancy. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge had erred by giving undue weight to mitigating factors such as Berry's age and lack of previous convictions. The court ruled that the original reduction from a headline sentence of 15 years was disproportionate. Consequently, the actual custodial sentence was increased to 13 years. Jennifer Berry waived her right to anonymity to allow her father to be publicly named in the proceedings.
An Albanian man, Emri Bardhoshi, fraudulently obtained Irish citizenship by pretending to be a Kosovan refugee, using a false identity that was five years younger than his actual age. He was granted Leave to Remain in 2007 and later naturalised under this false identity, also obtaining passports for himself and three of his four children. In 2017 he developed liver problems and feared that his understated age would affect treatment, prompting him to consult a solicitor and bring his case to authorities. He pleaded guilty to four offences related to passport fraud and a false declaration in his 2012 citizenship application. The Court of Appeal reduced his original 18‑month suspended sentence, imposing a total of three years in prison with nine months suspended, and required him to comply with conditions including a bond for good behaviour and a Garda visit on 1 September.
In a Central Criminal Court hearing, a 33‑year‑old Westmeath man pleaded not guilty to a rape charge stemming from an alleged incident on 1 January 2017. The complainant, who had been invited to the accused's home after a New Year's Eve ball, claimed she had told him no sexual activity would occur, yet he allegedly raped her in the front sitting room. The accused denied all allegations, asserting that any sexual activity was consensual and that he did not cause the injuries found on the complainant's body. He repeatedly stated "that is not true" when confronted with evidence of bruising, abrasions and tenderness noted by a medical examiner. The jury heard the accused's testimony that he had no violence during the encounter and that he had not caused the injuries. The case remains at the trial stage, with no verdict yet reached.
In a Central Criminal Court trial, a 33‑year‑old Westmeath man denies raping a woman who returned to his home on New Year's Day 2017. He claims the sexual activity was consensual, stating he stopped after she said "stop" about 20 seconds into penetration. The accused says he apologized and tried to calm her, and that she later apologized for coming back. The woman testified she felt she had no other option to stay with him, citing a dead mobile phone and lack of a friend to stay with. She alleged she was raped from behind after he pulled her clothes off, and showed scrape marks on her stomach. Gardaí interviewed the accused three days after the alleged rape, and he admitted the possibility of anal penetration. The trial continues with the jury hearing both sides' statements.
An alleged rape victim, aged 33, testified at the Central Criminal Court that she did not seek help from the accused's mother and sister because she did not believe they would assist her. The victim, who was 33, was staying at a friend's house after a New Year's Eve party at a GAA clubhouse. She agreed to return to the accused's home to sleep, but the accused allegedly attacked and raped her minutes after arrival. She claimed she fell asleep on the couch, woke to find the accused still awake, and heard the accused's mother and sister speaking in a room. She said she repeatedly pleaded for a ride home, and the accused promised to drive her after the family left. The trial continues before Mr Justice Paul McDermott and a jury. The accused, a 33‑year‑old Westmeath man, denies the rape. The victim's medical evidence showed bruising consistent with a forced assault. The case remains in trial.
Daragh Coyne, who had been jailed for failing to obey court orders that prohibited interference with lands designated as a National Heritage Area, was released from the Four Courts after purging his contempt. Four weeks earlier, Mr Justice Anthony Barr had committed him to Mountjoy prison following a finding that Coyne was in "flagrant breach" of orders obtained by the National Parks and Wildlife Service. On Friday, Coyne returned to the judge, his counsel stating he was prepared to comply with the orders. Coyne undertook to remove a gate and signage he had installed on the lands and pledged not to cut any turf. The judge, satisfied with the undertakings, declared Coyne had purged his contempt and allowed him to leave. The judge also agreed to adjourn the matter until late July to monitor compliance with the undertakings.
In September 2015 a low‑level drug dealer, Ciarán Murphy (29), was stabbed 16 times and set on fire at his home in Coolcor, Offaly, after his ex‑girlfriend spread a false rumour that he was a Garda informant. Murphy suffered 96 % burns from the neck down, multiple stab wounds including to the heart cavity, and lost both ears. He was treated at Tullamore Regional Hospital and later St James's Hospital, Dublin, undergoing several emergency surgeries and skin grafts. David Keena (21) was remanded in custody after admitting he was present when Shaun Groome (31) stabbed Murphy and poured petrol over him. Keena pleaded guilty to assault causing serious harm and criminal damage by arson. Groome had been charged with assault causing serious harm in November 2015, but no prosecution has yet taken place. The case was adjourned to 28 July 2020 for sentencing.
Mary Walsh has applied to the High Court for permission to sue An Post National Lottery Company, which is in liquidation, alleging negligence regarding advice given on her €3.3m Lotto win. The application before Ms Justice Teresa Pilkington is opposed. Mrs Walsh claims a lottery representative advised that gifts to others should be exempt from tax if those persons signed the winning ticket. She alleges she was not informed of the full implications, leading her and five others, including her stepson David Walsh and her late husband's nephew Kevin Black, to sign the ticket. This resulted in litigation against her. The company argues the application should have been filed when proceedings began in 2016 and that the claim is bound to fail given a prior High Court judgment critical of Mrs Walsh. Counsel for Mrs Walsh, John Shortt SC, argued she should be allowed to bring the claim after changing solicitors. The judge reserved her decision. In the underlying dispute, Mr Justice Humphreys ruled in 2017 that David Walsh was entitled to a one-sixth share of the ticket, ordering Mrs Walsh to pay him €560,000 plus costs. Mrs Walsh appealed, but in 2018 the Court of Appeal was informed the action was resolved entirely, with her appeal allowed as part of a settlement. Mrs Walsh had claimed David Walsh accepted her and her late husband Peter Walsh's house in lieu of €200,000, a claim he denied.
Daragh Coyne was committed to Mountjoy prison by Mr Justice Anthony Barr after being found in contempt of High Court orders that prohibited him from interfering with lands designated as a National Heritage Area (NHA). The High Court had obtained injunctions from the National Parks and Wildlife Service preventing Coyne from carrying out any unauthorised works on or interfering with the NHA in Milltownpass Bog, Co. Westmeath. Coyne, who denied any wrongdoing, repeatedly challenged the court's jurisdiction and demanded to be called by his first name, but the judge insisted on addressing him as Mr Coyne or defendant. Coyne was given the opportunity to give a sworn undertaking to comply with the orders or face imprisonment; he refused, and the judge committed him to prison until he purges his contempt. The case will return to the court in four weeks.