Court archive
Court reports mentioning Blackwater, Wexford
2024-07-25 · Cork
Businessman Desmond McGahan sued Mars Capital Finance and receiver Rory Cotter over interference with the sale of Ballinacurra House, a Kinsale estate that has hosted celebrities such as Michael Jackson. McGahan, who owns the property with his wife Lisa and three children, sought an injunction to stop the receiver and security staff from restricting access and changing locks. He claimed the receiver was not properly appointed and that the fund might sell the house at a gross undervalue of €4 m. The defendants denied wrongdoing and opposed the injunction. The case was heard by Ms Justice Siobhan Stack, where Edward Farrelly SC and Keith Farry BL represented McGahan, and William Abrahamson SC and Edward Murray represented the defendants. The parties reached a confidential settlement after mediation, allowing McGahan to proceed with his sale plans. The matter was adjourned for several months to implement the settlement terms.
2024-07-12 · Dublin
A financial fund, Everyday Finance DAC, has applied to the High Court to restrain Mr Joseph Kennedy and others from occupying a beach‑side property at Brackendown, Portrane, Co. Dublin, which the fund repossessed last month following court orders. The fund claims that Kennedy, who had previously lived there, unlawfully re‑occupied the two‑bedroom gated house with the help of unknown individuals. On Thursday evening, Kennedy allegedly asked a lone security operative for a guitar; when the operative returned the instrument, four men seized him and forced him out. The operative was then followed by a UK‑registered Nissan SUV that shoved into his car and pursued him to Malahide Garda Station, where the Gardaí reportedly did not register a complaint or remove the trespassers. Kennedy has since initiated proceedings against Everyday, which the fund says amount to a collateral attack on the possession orders.
2022-07-29 · Cork
Michael Flatley brought a High Court damages claim against several parties for alleged negligence in works carried out at his Castle Hyde property in Co Cork. The claim arose after a fire on 18 June 2015 damaged the historic house, which Flatley had been renovating since 1999. He alleged that the fire started in an electrical panel and spread, causing extensive damage, and that the plumbing system was incorrectly designed, leading to basement flooding. Flatley sued architect and interior designer Mr Peter Inston, consultant engineer Sean R. McCarthy, and engineering firm Malachy Walsh & Partners, claiming breach of contract, misrepresentation and negligence. All defendants denied the allegations and argued the claim was statute‑barred. On 29 July 2022 the parties settled the claim, the proceedings were struck out, and the settlement terms remain confidential. No further details were disclosed to the court.
2020-12-23 · Dublin
The trial of Kieran Greene, aged 61, centred on the murder of his partner's mother, Patricia O'Connor, who was found dead in a shallow grave in Wexford. Greene admitted to a physical altercation in the house, claiming he struck her with a hurley and she struck him back. He said she became unresponsive, that he carried her upstairs, placed her in the boot of a Toyota Corolla, drove to Wexford, dug a shallow grave, buried her, and later dismembered her body with a hacksaw. Greene told Gardaí he had acted alone, that he had no accomplices, and that he had handed himself in because he could not live with the guilt. He also claimed the murder was self‑defence. The prosecution presented CCTV footage, forensic evidence of hair and body parts, and statements from family members to show Greene's involvement. The jury heard that Greene's December interview was unreliable and that he had changed his account.
2020-04-02 · Wexford
In a High Court case, environmental activist Peter Sweetman successfully challenged the State's decision to remove protections for the freshwater pearl mussel from the Munster Blackwater Special Area of Conservation. Sweetman sought to quash any legislation or administrative act that would remove the species as a "qualifying interest" and also to invalidate the 2018 EU Environmental Objectives (Freshwater Pearl Mussel Amendment) Regulations issued by the Minister for Culture, Heritage and the Gaeltacht. He argued that the regulations breached EU directives, including the Habitats Directive, by eliminating obligations such as setting ecological quality objectives for the entire Blackwater river, enforcing emission limits for discharges, and investigating pressure sources on the mussels. The court granted Sweetman permission to proceed, agreed to quash the statutory instrument on the basis of a breach of the Strategic Environmental Assessment Directive, and ordered the State to pay his legal costs. The orders were formally perfected by Mr Justice Charles Meenan.
2020-02-28 · Wicklow
In summer 2017, a family picnic in the Dublin mountains led to the discovery of dismembered remains of retired grandmother Patricia O'Connor. The body was found in 15 separate parts across nine sites within a 30km radius, including Military Road, Glenmacnass Waterfall, and other locations. Initial bone measurements suggested a male, but DNA and dental records confirmed a female. Post‑mortem examinations by Dr Michael Curtis revealed blunt force trauma to the head, with multiple scalp lacerations and bruising, indicating a violent death. The remains were likely dismembered with a power tool, with hands and wrists sawn off by hand‑held saws. Kieran Greene testified that he had buried the body in Wexford, later exhumed it, cut it up, and scattered the parts across the Dublin mountains, disposing of them in black bags at various points. The evidence presented detailed the locations and conditions of each body part, confirming the identity of Mrs O'Connor and the circumstances of her death.
2020-01-17 · Dublin
The Central Criminal Court trial of Kieran Greene, Louise O'Connor, Stephanie O'Connor, and Keith Johnston continues before Mr Justice Paul McDermott. All four defendants have pleaded not guilty to charges including the murder of Patricia O'Connor on May 29, 2017, and impeding her apprehension or prosecution. The prosecution alleges Mrs O'Connor suffered a violent death at her Rathfarnham home, with her remains subsequently dismembered and dispersed across the Dublin and Wicklow mountains. Evidence presented by Detective Garda Janette O'Neill detailed the recovery of 15 body parts from nine locations, describing the sites as a "dumping ground." Forensic scientist John Hoade testified that DNA analysis confirmed the remains belonged to Louise O'Connor's mother. He reported finding a low-level male DNA profile in the bathroom where the alleged attack occurred, while no blood was found on seized hacksaws or the deceased's vehicle. The court heard that the defendants allegedly purchased implements to conceal the remains and that Stephanie O'Connor disguised herself as her mother to hide the death. The matter is ongoing, with the trial set to continue on Monday.
2020-01-15 · Dublin
The trial heard that 61‑year‑old Patricia O'Connor was murdered on 29 May 2017 at her Rathfarnham home. She was struck on the head with a solid implement, then her body was placed in the boot of her Toyota Corolla and taken to Wexford where it was buried in a shallow grave. After the body was exhumed, it was dismembered over three to four hours using hacksaws and a hatchet. Fifteen body parts were found at nine separate locations in the Dublin and Wicklow mountains between 10 and 14 June 2017, including Glencree, Glenmacnass Waterfall and Sally Gap. The prosecution alleged that Kieran Greene, Louise O'Connor, Stephanie O'Connor and Keith Johnston impeded the apprehension or prosecution of Greene, who pleaded not guilty to the murder. The case was presented to a jury by Roisin Lacey SC. The trial is scheduled to continue before Mr Justice Paul McDermott.
2018-03-08 · Cork
A Cork man has been granted a date to appeal his conviction for membership of an unlawful organisation. Martin McHale, aged 54, was found guilty by the Special Criminal Court in 2017 following an incident in Monaghan in November 2013. He had claimed to gardaí that he travelled to the county for a social occasion and was unaware of fertiliser in the van he was driving. The court rejected his account, finding he had full knowledge of the contents and was a trusted transporter of the material. McHale was sentenced to four-and-a-half years imprisonment in February 2017. His appeal hearing has been scheduled for 19 July and is expected to last approximately half a day. McHale was not present at the Court of Appeal procedural hearing in Dublin.
2017-03-16 · Cork
A 53-year-old Cork man has been sentenced to four-and-a-half years imprisonment for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address at Blackwater Grove, Togher, Cork, was convicted by the non-jury Special Criminal Court in February following trial. The court found McHale travelled to Monaghan in a van containing approximately 500 kilogrammes of agricultural fertiliser. He had initially denied knowledge of the contents, claiming to gardaí he had borrowed the van for a drinking session. However, forensic evidence recovered from a glove in the van established both fertiliser residue and McHale's DNA. The Special Criminal Court panel, presided over by Ms Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, determined that McHale's statements to gardaí were false and misleading and that he was a trusted transporter of the material. McHale refused to identify the van's owner. Evidence from Assistant Commissioner Michael Finn indicated McHale was an IRA member.
2017-03-06 · Cork
A 53-year-old Cork man has been remanded in custody pending sentencing following his conviction for membership of an unlawful organisation styling itself the Irish Republican Army. Martin McHale, with an address in Togher, Cork, was convicted by the Special Criminal Court last month after denying the charge. He had claimed to gardaí that he travelled to Monaghan for a social visit and was unaware of approximately 500 kilogrammes of agricultural fertiliser found in a van he was driving. Detective gardaí observed McHale and another man acting suspiciously at a filling station in the Monaghan area, which was under surveillance for dissident activity. Following a search, the fertiliser was discovered in the vehicle. Forensic analysis later identified McHale's DNA and fertiliser traces on a glove found in the van. The court found his account false and misleading. Assistant Commissioner Michael Finn gave evidence that he believed McHale to be an IRA member based on reliable information. McHale will be sentenced on 16 March.
2017-02-22 · Cork
A Cork man has been convicted of membership of the Irish Republican Army at the Special Criminal Court following a trial centred on the discovery of half-a-tonne of fertiliser in a van he was driving in Monaghan. Martin McHale, aged 53, had pleaded not guilty to the charge. The court heard that McHale told gardaí he had travelled to Monaghan for a social visit and was unaware of the ammonium nitrate-based fertiliser bags found in the borrowed vehicle. Detective gardaí became suspicious after observing two men in a van at a filling station in Monaghan town on the night in question, and subsequent searches revealed ten 50kg bags of fertiliser. Ms Justice Isobel Kennedy found McHale guilty, stating the three-judge court was satisfied the prosecution proved its case beyond reasonable doubt. The judge determined McHale's account lacked credibility and noted his failure to answer material questions during garda interviews. McHale was remanded on continuing bail pending sentencing on March 6th.
2017-02-16 · Cork
At the Special Criminal Court in Dublin, closing arguments concluded in the trial of a Cork man charged with membership of an unlawful organisation styling itself the IRA. Martin McHale, aged 53, of Blackwater Grove, Togher, Cork, has pleaded not guilty to the charge relating to 2 November 2013. Prosecution counsel Anne-Marie Lawlor contended that Mr McHale's account to gardaí—that he travelled to Monaghan for a social occasion unaware of ten bags of nitrogen fertiliser in the van—was false and deliberately misleading. She highlighted inconsistencies in his statements, his refusal to identify the van's owner, and DNA evidence on gloves recovered from the vehicle. The defence argued Mr McHale cooperated fully with gardaí and may have been unknowingly used by others. The three-judge court, presiding Justice Isobel Kennedy alongside Judge Gerard Griffin and Judge Gerard Haughton, will deliver judgment on 22 February.
2017-02-15 · Cork
The Special Criminal Court trial of Martin McHale, 53, of Cork, continues before Ms Justice Isobel Kennedy and two other judges. McHale has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA, on November 2nd, 2013. The prosecution alleges he was involved in nefarious activities associated with IRA membership. Assistant Garda Commissioner Michael Finn testified that he "100%" believed McHale was an IRA member, based on material he claimed privilege over for State security reasons. Finn stated his opinion was formed through "common sense" and 35 years of police work, noting that disclosing the underlying intelligence would risk lives and ongoing operations. Detective Inspector Bill Hanrahan provided evidence that McHale had attended court in 2005 during the prosecution of Don Bullman, who was subsequently convicted of IRA membership and jailed for four years. Hanrahan also noted that three individuals, including Paul Walsh, visited Monaghan Garda station the day after McHale's arrest seeking to speak with him. Forensic Science Ireland's Dr Edward Connolly testified that a DNA profile matching McHale was found on green gardening gloves removed from the van, while DNA on the fertiliser bags came from an unknown male source. The trial was adjourned and continues tomorrow.
2017-02-14 · Cork
A 53-year-old Cork man accused of membership of an unlawful organisation styling itself the Irish Republican Army has pleaded not guilty to the charge. The Special Criminal Court in Dublin heard that Martin McHale told gardaí he travelled to Monaghan in November 2013 for "a drinking session" and was unaware that a borrowed van contained bags of nitrogen fertiliser. Detective Garda Emmett Ryan told the court he became suspicious when Mr McHale and another man could not adequately explain their presence at a filling station in Monaghan town, an area monitored for dissident activity. Gardaí subsequently discovered fertiliser in the vehicle. Dr Thomas Hannigan of Forensic Science Ireland gave evidence that the material contained 79 per cent ammonium nitrate by weight and could be used as an ingredient in improvised explosive mixtures, though he could not determine the material's intended purpose. Mr McHale denies IRA membership and political involvement. The three-judge trial continues.
2017-02-13 · Cork
The Special Criminal Court has heard evidence in the ongoing trial of Martin McHale, a 52-year-old Cork man who has pleaded not guilty to membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The prosecution alleges McHale was involved in nefarious activities associated with IRA membership. Testimony from Detective Garda Emmett Ryan detailed an incident on November 1st, 2013, where McHale was found in a blue Hiace van at a Monaghan filling station. The van contained bags of nitrogen fertiliser, a component of homemade explosives. Gardaí checked the PULSE system and found intelligence entries linking McHale to individuals previously convicted of IRA membership, including Don Bullman, who was convicted by the Special Criminal Court in 2007 of IRA membership and jailed for four years. Prosecuting counsel Anne-Marie Lawlor BL stated the primary strand of the case will rely on evidence from Assistant Commissioner Michael Finn, who believes McHale was an IRA member on the date in question. The court will hear from seven garda interviews where McHale refused to answer questions about the van. The trial continues before Ms Justice Isobel Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton.
2016-10-24 · Cork
A 52-year-old man from Cork will stand trial at the Special Criminal Court in 2017 on charges relating to membership of an unlawful organisation and possession of an explosive substance. Martin McHale, of Blackwater Grove, Togher, is alleged to have been a member of the Irish Republican Army on November 1st, 2013. He is also charged with possessing an explosive substance—ten sealed bags containing ammonium nitrate and calcium carbonate—discovered at Mall Road, Tirkeenan, County Monaghan, on the same date. The Special Criminal Court set a trial date of February 13th, 2017, with proceedings expected to span two weeks. McHale was remanded to face trial on the charges brought against him.
2016-06-28 · Meath
In a High Court case, Fergus O'Connor, owner of an equestrian centre in Dunmoe, Navan, challenged Offaly County Council's renewal of a national waste collection permit for Tag A Bin Ltd. O'Connor alleged that the waste site's operations were polluting the environment and posing health risks to his clients, workers, and horses, and that the site was within 600 metres of the River Boyne and River Blackwater Special Areas of Conservation. He claimed the council had failed to conduct proper screening, complied with EU Habitat Directives, and had no statutory authority to act as the National Waste Permit Collection Office. O'Connor sought orders quashing the renewal, declarations that the council acted beyond its powers, and that it had no jurisdiction in Meath. The case was heard ex‑parte by Mr Justice Richard Humphreys, who granted O'Connor permission to proceed and set a return date for October. Tag A Bin Ltd and Meath County Council were named as notice parties.
2016-05-10 · Cork
A 52-year-old man from Cork has been served with a book of evidence at the Special Criminal Court following his arrest in December as part of an investigation into dissident republican activity. Martin McHale stands charged with possession of an explosive substance, namely ten sealed bags containing white prills of ammonium nitrate and calcium carbonate, allegedly found at Mall Road, Tirkeenan, County Monaghan on November 1st, 2013. He is also charged with membership of an unlawful organisation styling itself the Irish Republican Army. The State Solicitor confirmed the book of evidence had been served on the accused. Mr Justice Paul Butler, presiding with Judge Alison Lindsay and Judge Flann Brennan, remanded Mr McHale on continuing bail. The case is scheduled for mention on June 10th.
2015-12-17 · Cork
A 52-year-old man from Cork has been granted bail at the Special Criminal Court following charges relating to IRA membership and explosives offences. Martin McHale of Blackwater Grove, Togher, Cork, was charged on November 1st, 2013, with membership of an unlawful organisation styling itself the Irish Republican Army, and with possession of an explosive substance consisting of ten sealed bags of white prills containing ammonium nitrate and calcium carbonate discovered at Mall Road, Tirkeenan, Monaghan. The State consented to the bail application. Mr Justice Paul Butler, presiding with Judge John O'Hagan and Judge Ann Ryan, imposed strict conditions including a daily curfew from 12pm to 7am, three weekly sign-ons at Togher Garda Station, and surrender of his passport. Mr McHale was also prohibited from associating with individuals charged or convicted of scheduled offences and from contacting proposed prosecution witnesses.
2015-12-15 · Cork
A 52-year-old man from Cork has been charged at the Special Criminal Court in Dublin with membership of an unlawful organisation and possession of an explosive substance. Martin McHale, of Blackwater Grove, Togher, was charged with IRA membership on November 1st, 2013. He was additionally charged with possessing ten sealed bags containing ammonium nitrate and calcium carbonate at Mall Road, Tirkeenan, Monaghan on the same date. Detective Sergeant Gabriel Bell told the three-judge court that Mr McHale was arrested this morning under the Offences Against the State Act. The defendant made no reply when cautioned or when shown the charge sheet. Mr Justice Paul Butler, sitting with Judge John O'Hagan and Judge Ann Ryan, remanded Mr McHale in custody pending a bail application hearing scheduled for Thursday.