A High Court judge remanded businesswoman Wendy Whitty overnight after she failed to comply with an order not to interfere with the receivership of several investment properties owned by her and her husband, Mr Scot Dyer, in County Wexford and Cork. The judge had previously ordered Whitty to seek legal advice to understand the seriousness of the situation. Whitty had given an undertaking not to interfere, but the judge found she had not complied, citing ongoing interference, especially with tenants in Wexford. Whitty, who was not represented by counsel, had sent a letter to the court claiming the undertaking was made under duress and that "duress voids all contracts." The judge remanded her to Mountjoy Prison for the night, with a review scheduled for Friday morning. Whitty denied breaching the court's orders and said she had not approached the properties since giving the undertaking.
The High Court jailed businesswoman Wendy Whitty for contempt after she refused to comply with an injunction that barred her and her husband Scott Dyer from interfering with the receivership of several properties in Wexford and Cork. Whitty had previously undertaken not to impede the bank‑appointed receivers from collecting rents, not to present herself as the rent‑collector, not to communicate with tenants or enter the properties. She later rescinded these undertakings, claiming duress and intimidation, and the court found her to have clearly resiled from them. The judge committed her to Mountjoy prison until she purges her contempt. Dyer was unable to attend court due to illness, and the judge ordered a detailed medical report. The case was adjourned to the following week.
Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.
Irish Ferries has lodged a High Court challenge against a National Transport Authority (NTA) decision that it must pay compensation to thousands of passengers whose summer sailings between Ireland and France were cancelled. The company argues the cancellations were caused by a delay of the new ferry WB Yeats, which was delivered some 200 days late by the German shipyard Flensburger Schiffbau-Gesellschaft. The NTA issued two notices requiring Irish Ferries to compensate passengers who had to travel from Rosslare instead of Dublin, from Roscoff instead of Cherbourg, and those delayed in reaching their final destination. Non‑compliance could result in a fine of up to €250,000. Irish Ferries contends the notices are invalid, irrational, and breach its constitutional and EU rights, and claims the NTA misinterpreted relevant EU regulations.
The Court of Appeal dismissed the appeal of a 20‑year‑old man who, as a 16‑year‑old, boasted about raping a 15‑year‑old girl at a house party in Co. Wexford. He had pleaded not guilty to rape on 24 July 2014 and was tried as an adult after a two‑year delay. A jury found him guilty and he was sentenced to five years' imprisonment, with the final two years suspended. The appeal was brought by the defendant and the Director of Public Prosecutions, who argued the sentence was too severe and too lenient respectively. The Court of Appeal, led by Mr Justice George Birmingham, found significant aggravating factors, including the victim's vulnerable, drunken state and the defendant's planning and persistence. The court upheld the sentence and dismissed both appeals, noting the defendant's age and the seriousness of the offence. The decision was made on 23 October 2017.
Patrick Quirke, 50, of Breanshamore, Co. Tipperary, pleaded not guilty to the murder of Bobby Ryan, a part‑time DJ known as Mr Moonlight, who disappeared on 3 June 2011 after leaving his girlfriend Mary Lowry's home. Quirke told Gardaí he feared Lowry, describing her as "vicious" and "verbally abusive", and claimed his only crime was an affair with her. He said he did not kill Ryan and that someone else was responsible. Quirke gave voluntary cautioned statements at Tipperary Garda Station on 16 May and 21 May 2013, detailing his movements on the day Ryan vanished and when he discovered Ryan's body in a tank on Lowry's farm. He explained he avoided Lowry because he feared her, and that he had been shocked when he saw the body. The court heard Quirke's statements and his account of his relationship with Lowry, including an affair that began in 2008 and ended after Lowry's husband died in 2007.
A 20‑year‑old man, who was 16 when he raped a 15‑year‑old girl at a house party in Co. Wexford, is awaiting the outcome of two appeals on his three‑year jail term. He was tried as an adult after a two‑year delay between interview and charge. A jury found him guilty and he was sentenced to five years, with the final two suspended, by Mr Justice Paul McDermott on 23 October 2017. In the appeal, his barrister, Paddy McCarthy SC, argued the sentence was too long, citing the defendant's youth and the need to minimise interference with his future education and career. The Director of Public Prosecutions, Pauline Walley SC, welcomed the withdrawal of the defendant's appeal against conviction and argued the sentence was too lenient, noting the seriousness of the offence and the victim's vulnerability. The Court of Appeal will reserve judgement. The unnamed 15-year-old pleaded not guilty.
In a Central Criminal Court hearing, Ross Outram, 28, pleaded not guilty to the murder of 90‑year‑old Paddy Lyons in Lismore, Waterford, between 23 and 26 February 2017. During the trial, Sandra Walsh, a relative of Outram's nephew, testified that Outram had called her on Facebook Messenger on 26 February, claiming he had hit Lyons because Lyons would not give him money. She confirmed that Outram identified the deceased as Lyons and that he had spoken of travelling to the UK. Walsh also recounted that Outram was arrested the following day when she was driving him back to Ferryland. Sergeant Ger Falvey described the scene at Lyons' house, noting the victim's lack of trousers, a trail of urine, soot, and possible blood marks. The case proceeds before Mr Justice Paul Coffey with a jury of eight men and four women.
A former Christian Brothers teacher, John Gibson (71) of Dun Laoghaire, Dublin, has been found guilty of indecent assault against a 12-year-old girl at a Christian Brother's School in Co. Wexford, between May and September 1983. Gibson pleaded not guilty to the charges, but a jury returned majority guilty verdicts on all three charges after deliberating for just over four hours. The trial, which lasted five days, heard testimony from two complainants who alleged that Gibson molested them while washing them after they had carried out manual work around the school. Judge Elma Sheahan thanked the jurors for their care and attention to the case. She remanded Gibson on continuing bail until his sentence hearing on March 19th, next. She further ordered victim impact reports for that date. Gibson was also ordered to sign on at Dun Laoghaire Garda Station once a week, surrender his passport, and notify authorities of any change in his address. The matter was adjourned and will be finalised at the sentence hearing on March 19th.
Paddy McCarthy, 35, pleaded guilty to assaulting former cabin crew member Glen Verdun on 30 July 2016 at a Subway store in Dublin. McCarthy, intoxicated, entered the store early in the morning, shouted at Verdun when the latter asked for space, was escorted out, returned, and punched Verdun on the right side of his face. The blow caused Verdun to fall and sustain a broken eye socket, leading to permanent vision impairment, double vision, and the loss of his pilot career. McCarthy had no prior convictions. Judge Sinéad Ní Chúlacháin, noting the single punch and McCarthy's remorse, imposed 240 hours of community service instead of a prison term. Verdun suffered surgery, an eight‑month sick leave from Ryanair, and a €9,000 financial loss. McCarthy had raised €15,000 in compensation for Verdun. The court heard McCarthy's father had been a disciplinarian and that McCarthy had been caring for him at the time of the incident.
The State Examinations Commission and the Minister for Education and Skills have appealed certain aspects of a High Court judgment that allowed student Rebecca Carter to take up a place in veterinary medicine at University College Dublin. The appeal was briefly mentioned before Mr Justice Mary Irvine at the Court of Appeal on Friday. Nuala Butler SC, representing the Minister, stated that the client wished to appeal specific parts of the judgment and sought the earliest possible hearing date. Ms Justice Irvine listed the appeal for late May but expressed hope it could be heard earlier. Ms Carter, of Rectory Hall, Castlebridge, Wexford, will participate as 'legitimus contradictor.' It is understood that her legal costs have been indemnified by the State appellants. The original High Court judgment, delivered by Mr Justice Richard Humphreys, ruled that the appeals process was highly unfair and not fit for purpose. The Minister and Department of Education were directed to review the process to ensure appeals are completed before the start of the academic year in 2019. The outcome of the current appeal will not affect Ms Carter's place at UCD, nor will she be liable for legal costs if the appellate court finds in the State parties' favour. The matter remains at the appeal stage.
Michael Collins, who had a recent bail address at Mellows Park in Finglas, pleaded guilty to handling stolen property in Enniscorthy on 1 February 2015. He was found guilty of three counts involving stolen power tools worth almost €7,000 and two high‑quality bicycles worth just under €2,000. The owner had reported a burglary a few days earlier and Collins recognised the tools by their distinctive yellow cables. He was sentenced to 10 months' imprisonment, with the final four months suspended for five years, by Judge Barry Hickson. Collins' lawyers sought a judicial review, arguing the five‑year suspension was disproportionate, but the High Court rejected the appeal and the Court of Appeal upheld that decision. Justice Isobel Kennedy confirmed there is no statutory limit on the length of a suspended sentence and that the judge's decision was proportionate and evidence‑based.
Paddy McCarthy, 35, pleaded guilty to assault causing harm after punching a stranger, Glen Verdun, at a Subway store on Wexford Street, Dublin, on 30 July 2016. McCarthy, who was intoxicated, entered the store early in the morning, shouted at Verdun when he was asked to give his girlfriend space, and was escorted out by staff. He returned, told Verdun he would wait outside, and then punched him on the right side of the face. Verdun fell, suffered a broken eye socket, underwent surgery with a titanium plate, and was out of work for eight months, losing €9,000. McCarthy claimed he was tired of being abused by his father, a disciplinarian who had assaulted him many times. He was a carer for his father, who had Alzheimer's, at the time. McCarthy did not remember the incident, cried when viewing CCTV footage, and identified himself to Gardaí.
Patrick Wheelock, an engineer and businessman, has taken the High Court to challenge the appointment of Stephen Tennant of Grant Thornton as receiver over his Monvoy lands in County Waterford. Wheelock alleges that the signatures on deeds of mortgage, purportedly charging his property to the now-defunct Anglo Irish Bank, are forgeries. He claims he never agreed to any mortgage or charge and was unaware of the purported deeds until 2014, when he sued his former accountant for alleged fraud and misappropriation of €7.9 million. The accountant had allegedly falsified Wheelock's signature on documents dated 2003 and 2008, creating security interests in favour of Anglo. NAMA acquired the mortgages, sold them to Promontoria in 2017, and Promontoria appointed a receiver to bypass commercial court proceedings. Wheelock seeks orders preventing the receiver from selling or advertising the Monvoy lands, which he intends to develop. The case is currently before the Commercial Court, with the matter returned to Friday's sitting.
In a High Court case in Co. Wexford, a dispute between John B. Dockrell Ltd and farmer Mr. John Kinsella over 150 acres at Lodgewood was resolved. The company had obtained an injunction after alleging that Kinsella had trespassed, blocked access with concrete blocks and vehicles, and illegally ploughed the land. Kinsella, who represented himself, contested the allegations and was later imprisoned for contempt of court. After a brief stay at Mountjoy Prison, he complied with the injunction. The parties reached a settlement, and the court granted orders preventing Kinsella and those acting with him from trespassing or obstructing the property, while allowing costs orders to be adjourned with permission to re‑enter if the orders were breached. The judge approved the settlement and the orders were granted.
In October 2018, a Polish man named Andrezej Pacek, aged 44 and currently serving a ten‑year prison sentence for a drug offence, was denied legal aid to defend a Criminal Assets Bureau claim that a commercial property in Hollyford, Co. Tipperary, where about €1 million of cannabis was found, was purchased with proceeds of crime. Pacek, who lives in Deerpark, New Ross, Co. Wexford, had earlier been convicted in 2017 for possession of a controlled drug worth €13 000 or more, with six years of his sentence suspended. The CAB argued that the Hollyford house was bought with illicit funds, citing unexplained four‑figure deposits into Pacek's bank accounts before the purchase. Pacek claimed the property was bought with savings from selling his Polish transport business in 2006. Ms Justice Carmel Stewart dismissed his legal aid application, noting translation difficulties and a lack of supporting documentation, and adjourned the case to November.
Ryan Glennon, 28, of Dublin, was convicted by the second Special Criminal Court in 2016 for membership in the Irish Republican Army (IRA). The court found his fingerprints on a handcart and his DNA on gloves at his parents' holiday home in Courtown, Co. Wexford, where explosives and rockets were stored. He was sentenced to six years' imprisonment on 5 December 2016. In October 2018, the Court of Appeal upheld the conviction and the sentence, ruling that Glennon was an "active service" member of an unlawful organisation and had engaged in activities that could endanger many lives. The appeal was dismissed, with the court noting that mitigation factors such as a guilty plea or cooperation were not present. The final sentence remained six years, with no reduction or suspension applied.
In a High Court hearing, Mr Justice Richard Humphreys delivered a written judgment in an application brought by Rebecca Carter, an 18-year-old student from Rectory Hall, Castlebridge, Wexford, against the State Examination Commission (SEC). The judge found that the SEC's error correction system was "manifestly not fit for purpose" and "highly unfair," causing "untold stress" to applicants. The case concerned Carter's Leaving Certificate points, which were wrongly computed, initially leaving her six points short of the requirement for Veterinary Medicine at UCD. Following a review, her Business Studies grade was increased from H2 to H1, correcting the total to qualify her for the course. The judge ruled that the SEC must rectify the error in totalling marks before UCD closed its 2018 admissions. Although Carter successfully secured her place and was awarded costs, the judge noted she lost the initial weeks of her course due to delays in the appeal process. The judgment criticized the lack of coordination among education agencies, stating the situation "cannot be repeated." The SEC had opposed the application, arguing it was self-serving, but the judge acknowledged the severe stress the matter caused Carter. The decision highlights systemic failures in the review process, despite the successful outcome for the applicant.
In 2018 the Court of Appeal upheld the eight life sentences imposed on a 49‑year‑old Wexford man for raping a 60‑year‑old mother and her daughter in Dublin between 2 and 5 July 2015. The man pleaded guilty to rape, false imprisonment, attempted rape, aggravated burglary, threats to kill and aggravated sexual assault. He had previously been convicted of repeatedly raping his daughter between 2000 and 2004. The sentences were concurrent and the Court of Appeal found the offences "wholly exceptional" and "appropriate" for life imprisonment. The judge noted the mother's vulnerability, the prolonged nature of the assault, the use of a knife, restraints, threats, and the fact that the daughter heard the rape on a voicemail. The appeal was dismissed, with the Court affirming the life terms as justified by the severity and violence of the crimes. The defendant's guilty plea was deemed insufficient to reduce the sentences.
In a High Court case, Mr Justice Tony O'Connor referred the matter to the Law Society of Ireland after a bank‑appointed receiver obtained orders for vacant possession of a house at Kildawn Lower, Redshire Road, Murrintown, Co. Wexford. The orders were granted against David Lawlor, Charlee Somers and their two‑year‑old child, who had been living there since July, and the property's owner, Mr Peter Doyle. The judge was troubled by affidavits from Doyle and Somers that contained irrelevant legal points and described the couple as "vulnerable people" who had been "sold a pup". He found that Start Mortgages DAC and receiver John Coulston were entitled to injunctions, noting that the couple had no right to occupy the premises and were trespassers. The judge also noted that Doyle had consulted solicitor Charles Allen for advice, prompting the referral for investigation. The injunction gave the couple 14 days to vacate the property.
A man from County Wexford, John Kinsella, was released from custody at the Four Courts after agreeing to comply with High Court orders that prohibit him from trespassing on or approaching within 100 metres of lands in County Wexford. The orders, issued against him by the plaintiff John B. Dockrell Ltd, also restrain him from interfering with the plaintiff's quiet enjoyment of the property, blocking entrances, or impeding access. Kinsella, who was not represented at the hearing, was granted a two‑week adjournment of attachment and committal proceedings by Justice Caroline Costello after he gave a sworn undertaking to comply with the orders until the matter returns before the Court. The adjournment was set for 10 August, and Kinsella was released on the condition that he adhere to the orders until that date. The case remains pending before the Court.
In a High Court hearing on 18 July 2018, Inspiredspaces Bundle 5 (Ireland) Ltd, a joint venture with Carillion and the Dutch Infrastructure Fund, obtained a temporary injunction to stop subcontractors from blockading the construction sites of five new schools and an Institute of Further Education. The injunction was granted after subcontractors claimed unpaid work following the collapse of Carillion and the liquidation of Sammon Contracting Ireland Ltd, the original contractor. Inspiredspaces, represented by Brian Conroy BL, argued that the blockade threatened the completion of schools in Wexford and Bray, where works were almost finished, and that the protestors had no legitimate claim against the joint venture. Ms Justice Caroline Costello issued the order, preventing any blocking, interference, or removal of items from the sites, and requiring any claims to be dealt with by Inspiredspaces. The injunction was made ex parte and is returnable later that week.
The Court of Appeal has upheld the conviction of Ryan Glennon, a 25-year-old Dublin man, in the first recorded trial at the second Special Criminal Court. Glennon was convicted in 2016 of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. The appeal, heard by President Mr Justice George Birmingham with Justices Mahon and Hedigan, was dismissed as the court found the prosecution mounted a particularly powerful case. The original non-jury court, presided over by Mr Justice Eagar, relied on belief evidence from Chief Superintendent Peter Kirwan, who stated he believed Glennon was an IRA member based on confidential information. The court also considered inferences drawn from Glennon's refusal to answer material questions during Garda interviews, including inquiries about his presence in a Courtown, Co Wexford house containing Semtex explosive, rockets, and improvised explosive device materials. Physical evidence linked Glennon to the scene, with his fingerprints found on a handcart holding a water butt used for storage and his DNA detected on gloves in the kitchen. Surveillance testimony further placed him at the premises, a holiday home owned by his parents, where bags were seen being transferred from vehicles. The Court of Appeal rejected all grounds of appeal, confirming the original finding of guilt.
Jason Byrne, a 38-year-old from Clondalkin, Dublin 22, has lost his appeal against his conviction. Byrne had pleaded not guilty at Wexford Circuit Criminal Court to a series of offences, including three counts of burglary, one count of aggravated burglary, assault causing harm, and unauthorised use of a vehicle, allegedly committed in the south-east in 2008 and 2009. Following a lengthy trial, a jury found him guilty, and Judge Barry Hickson sentenced him to six years imprisonment on April 15, 2016. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Alan Mahon and Mr Justice John Hedigan, dismissed the appeal, holding that the trial was satisfactory and the conviction safe. The prosecution alleged Byrne was part of a gang targeted by An Garda Síochána's Operation Slope. Key evidence came from Des Kavanagh, an accomplice in the Witness Protection Programme, who implicated Byrne in incidents including a burglary at Bunclody and an assault at an Esso filling station. Byrne's lawyers argued Kavanagh's evidence lacked credibility and transparency. However, the Court of Appeal noted the trial judge had issued clear warnings to the jury regarding the dangers of relying on such evidence. The court concluded that the matter was quintessentially for the jury to decide, and they were content to convict based on the evidence presented.
Liam Power, 54, was convicted of murder for killing Latvian national Giants Intembergs in Tullow, County Carlow, after a disputed arm‑wrestling match. Power claimed he was provoked when Intembergs slapped him and that he struck him with a "haymaker" to the chin, then kicked him 10 or 11 times before removing his clothes. He was found not guilty of assault on a second man, Aigar Sildars, who was also attacked. The jury, after 14 hours and 38 minutes of deliberation, returned a 10‑2 verdict of murder and Power was sentenced to life imprisonment by Ms Justice Isobel Kennedy on 16 November 2016. Power appealed, arguing that evidence of his statements to Gardaí was inadmissible because he was intoxicated. The Court of Appeal, in a three‑judge panel, rejected the appeal, holding that the trial was satisfactory and the conviction safe.
Jack Walsh, 19, was sentenced to five years in prison at Dublin Circuit Criminal Court for his role in an 11-hour disturbance at Oberstown Children's Detention Campus on August 29, 2016. Walsh pleaded guilty to violent disorder and two charges of criminal damage, admitting he was present during the incident which caused €3 million in damage. Judge Martin Nolan suspended the final two and a half years of the sentence, ordering Walsh to be of good behaviour for that period. The sentence was backdated to May 2. Three other youths, Clayton Brennan, Nathan Ginty, and Luke Cronin, also pleaded guilty to arson, criminal damage, and violent disorder. It was accepted that Cronin's plea was based on adding fuel to the fire rather than starting it. Brennan had seven previous convictions and was on remand; Ginty had 22 previous convictions. A 17-year-old defendant, who also pleaded guilty to the same charges, had 22 previous convictions and was on remand. The cases of Brennan, Ginty, Cronin, and the 17-year-old were adjourned for sentence to Friday, June 1. The court noted the youths had destroyed or attempted to destroy the institution, with the judge describing the event as a frightening rampage.
In a High Court case concerning a disputed property purchase on Dublin's Wexford Street, Trebleside Designated Activity Company, owner of the Opium Bar, sued John Hallinan, Geraldine Hallinan, Claire Cullen and TFF Food Limited for allegedly failing to complete a deal entered in March. Trebleside claimed it had an agreement to buy the neighbouring property at 38 and 38a Camden Row for over €1 million. The defendants, who own the ground floor lease of 38 Camden Row where the Fat Fox coffee shop operates, were alleged to have reneged on the agreement. After settlement talks, the parties agreed that the Hallinans would receive €1.1 million for the adjoining property and TFF Food would receive €100,000. The settlement also resolved all related planning and legal matters concerning the operation of Opium and Whelan's Bar, both part of the Mercantile Group. The case was therefore settled before any court order was issued.
In a High Court case, Trebleside Designated Activity Company, owner of Dublin's Opium Bar, has sued John Hallinan, Geraldine Hallinan, Claire Cullen and TFF Food Limited for allegedly failing to complete a purchase agreement for the neighbouring property at 38 and 38a Camden Road, a deal worth over €1m. Trebleside claims the Hallinans entered into the agreement on 27 March, but have since reneged, prompting the company to seek specific performance and injunctions against further objections to the Opium Bar's operations. The defendants have previously contested the bar's noise levels, filing actions in the Circuit Court and High Court, though the Circuit Court case was struck out for lack of jurisdiction. Trebleside also seeks compensation for the property and to resolve outstanding claims. The proceedings were adjourned pending settlement talks and will be re‑heard the following day.
In a High Court hearing, John B. Dockrell Ltd, a vegetable grower, alleged that Mr John Kinsella had trespassed on approximately 150 acres of land purchased in June 2017 in Ferns, Co. Wexford. Dockrell claimed Kinsella entered the property without permission, ploughed the fields, chained gates, placed large concrete blocks, and used vehicles to block the entrance. A vehicle used to block the entrance was impounded by the Gardai, later retrieved after a fine, and repositioned in front of the entrance, causing financial loss to the company. Dockrell secured an ex‑parte temporary injunction preventing Kinsella from coming within 100 metres of the land at Lodgewood and restraining him from interfering with the plaintiff's quiet enjoyment. The injunction remains pending while the case returns to court later in the month. Ms Justice Carmel Stewart upheld the injunction and deemed service on Kinsella effective. The matter is set to return before the courts later this month.
The High Court confirmed Michael McAteer as interim examiner for the Sammon Group and its related companies after the collapse of Carillion. The Irish contractors, which employ over 216 people and are involved in major school building projects across Ireland, were owed about €8 million by an entity linked to Carillion. An independent expert report indicated the companies could survive if a scheme of arrangement with creditors is implemented. McAteer has up to 100 days to prepare this scheme, which, if approved, would allow the group to continue trading as a going concern. The group had been hired by a special purpose vehicle that included Carillion to build several schools and an educational campus, contracts worth roughly €87 million. The collapse of Carillion halted payments, preventing the Sammon Group from paying suppliers and subcontractors, and the court heard the group believes a successful examinership will enable it to finish its contracts on time and return to profitability.
In 2016, Liam Power, aged 54 and without a fixed abode, was convicted of murder after killing Latvian national Giants Intembergs in Tullow, County Carlow, on 15–16 September 2014. Power claimed Intembergs had beaten him in an arm‑wrestling match and slapped him, prompting Power to strike him with a "haymaker" to the chin, after which he kicked the victim 10–11 times and removed his clothes. Power also attacked another man, Aigar Sildars, on the same night. The jury, after 14 hours and 38 minutes of deliberation, found Power guilty of murder by a 10‑2 majority and he was sentenced to life imprisonment. Power has appealed the conviction; the Court of Appeal has reserved judgment. Liam Power was acquitted.
Prince Ajibola, a 50‑year‑old father of four from Castlegate Place, Adamstown, Lucan, pleaded guilty in the Dublin Circuit Criminal Court to possessing a child‑pornography clip that showed a child under five being raped. The clip, sent to his phone via WhatsApp on 20 July 2016, was discovered when his two mobile phones were seized after his arrest at Dublin Airport on 1 September 2016. Ajibola admitted he had only viewed the clip once, then shut it down, and claimed he had forgotten it was on his phone. He denied forwarding it to anyone. The judge, citing his early guilty plea, remorse and cooperation, imposed a one‑year suspended sentence and ordered that he be entered on the sex offenders register. The sender of the clip has pleaded guilty to distribution and will be sentenced next month.
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.
In February 2018, a trademark dispute between Allied Imports Ltd, the owner of the Tipperary Crystal brand, and Kavanagh Giftware Ltd was resolved. Allied Imports had sued Kavanagh Giftware for alleged passing off of Tipperary Crystal marks on packaging of mugs and cups sold by the giftware company. The case, admitted to the fast‑track Commercial Court, was brought before Mr Justice Brian McGovern, who was informed that the parties had reached a settlement and the case could be struck out. Allied Imports and its director, Mr Robert Scanlan, argued that Kavanagh Giftware's use of a grey and white graphical representation on the inside and outside of packaging infringed their copyright and caused public confusion. Kavanagh Giftware had sold the products in its Enniscorthy outlet and online, and was also distributing them wholesale to other retailers in Ireland. The settlement ended the litigation without further orders or injunctions.
The Court of Appeal has dismissed the appeal by Ciaran Folan, a garda, against his conviction for using a false driving licence. Folan, of Fethard-on-Sea, had pleaded not guilty to four counts alleging he knowingly used a false instrument and a document containing a false statement on February 13, 2009. He was found guilty by a jury at Wexford Circuit Criminal Court and fined €3,000 by Judge Barry Hickson on December 13, 2013. The appeal court, led by Mr Justice George Birmingham, stated it was not persuaded that the trial was unsatisfactory or the verdict unsafe. The conviction stemmed from an investigation into Folan's driving skills, which revealed he had never sat a driving test despite claiming to hold a valid licence. His brother, Brendan Folan, a Galway County Council employee, was charged with forging the licence and corruption offences. Although Brendan Folan was acquitted of these charges in Galway, the Court of Appeal ruled this did not prevent Ciaran Folan's trial in Wexford. The court rejected arguments that the trial judge erred in permitting the prosecution to proceed or in adding counts 3 and 4 to the indictment. The appeal was dismissed, leaving the original conviction and fine intact.
Mr Justice Brian McGovern admitted a claim by former minister Ivan Yates and his wife, Deirdre Yates, to the Commercial Court list. The couple alleges that the sale of lands at Blackstoops, Enniscorthy, Co Wexford, to AIB by bankruptcy trustees Mark Wilson and George Maloney is void. They contend the property includes their family home and that Deirdre Yates holds a beneficial interest, arguing the trustees breached EU insolvency regulations by failing to seek Irish court permission before disposal. AIB, which acquired the lands in 2015, opposes the claim, stating its ability to recover debts would be adversely affected. While AIB and the trustees supported admission to the fast-track list, counsel for the couple, Jerry Healy SC, opposed it, citing insufficient valuation evidence and resource constraints. The judge determined the threshold for admission was met. He suggested the parties consider mediation to resolve the dispute and adjourned the case for one month to allow for potential mediation. The matter was adjourned and not concluded.
In a 23 January 2018 High Court decision, Justice Carmel Stewart ruled that €875,000 held in Irish bank accounts belonging to Mr Adam Shina Muhammed, a man in his early forties, were proceeds of crime. The accounts, controlled by Mr Muhammed and located at several Irish financial institutions, had been frozen after a Criminal Assets Bureau (CAB) application. Mr Muhammed had not formally opposed the application and had previously denied involvement in money laundering, claiming the funds were business loans for his company Eirclean. No evidence supported this claim; CAB presented evidence of large sums deposited between May 2014 and November 2015 from Hong Kong, China, the USA and Nigeria, totaling about €1.5 million, with €875,000 remaining after some dissipation. CAB found no records of Eirclean's trading activity, premises, employees or tax returns. Justice Stewart therefore ordered the accounts under Section 3 of the 1996 Proceeds of Crime Act and appointed a receiver over the monies.
In a Dublin Circuit Criminal Court hearing, William Harton (41) was sentenced to two years' imprisonment for falsely imprisoning his then‑wife, Amy Harton, at their Sandyford home on 16 February 2017. Harton also pleaded guilty to possession of an imitation firearm and possession of cocaine on the same date. The court heard that Harton had forced Amy back into the house after she tried to escape, threatened her with a knuckle‑duster, and produced a handgun he claimed was functional, though it was later found to be a fake. During a two‑hour stand‑off with the Garda emergency response unit, Harton swallowed pills and took cocaine. He eventually released Amy after she unlocked her phone for him and then surrendered to Gardaí. Harton has nine prior convictions, mainly for traffic offences, and has been relocated to County Wexford under bail conditions.
In a High Court hearing on 19 January 2018, accountant Alan Hynes challenged the dismissal of his appeal by an Appeals Tribunal of the Chartered Accountants (Carb). The Tribunal had dismissed Hynes's appeal on 8 March 2016 after rejecting his request for a one‑month adjournment to secure new legal representation. Hynes argued that the dismissal breached fair procedure and was irrational, claiming the decision severely damaged his reputation and prevented him from presenting himself as a chartered accountant. He sought to have the Tribunal's decision quashed. The Tribunal, represented by Eileen Barrington SC, maintained that it was entitled to dismiss the appeal after refusing the adjournment. Mr Justice Charles Meenan reserved his decision following the parties' submissions. The case remains pending.
David Shanley, aged 48, was originally sentenced to five years' imprisonment for the manslaughter of John Lawlor, also 48, who died after a lower‑leg stab on Christmas Eve 2014. The sentence, with 2½ years suspended, was increased to six‑and‑a‑half years with three years suspended following an appeal by the Director of Public Prosecutions. Shanley had pleaded not guilty to murder but guilty to manslaughter, and the Court of Appeal found the original sentence "unduly lenient." The case involved a dispute over a 10‑year‑old daughter, menacing text messages, and a confrontation at Lawlor's home where Shanley entered with a knife. Lawlor was struck in the lower leg, a wound that caused massive blood loss and death. Shanley accepted responsibility and was required to enter a good‑behaviour bond for the suspended period. The final sentence was imposed by a three‑judge court, including Mr Justice Alan Mahon.
A 42‑year‑old man, previously convicted of kidnapping a child in London, was sentenced to seven years' imprisonment for raping a 13‑year‑old boy in Dublin between June and September 1994. He pleaded guilty at the Central Criminal Court and was ordered to serve five years of post‑release supervision. The court noted his 28 prior convictions, including a kidnapping conviction at the Old Bailey. The victim, who was 13 at the time, was abused while the man lived in the same house as the boy and befriended the boy's mother. The man admitted to molesting the boy, giving him money, threatening to expose the boy's mother, and raping him twice, with the third assault involving physical violence. He denied any violence, but the court found evidence of it. The judge considered the man's genuine remorse and his history of being abused as a child, but stated that these did not excuse his actions.
Christopher Keeley, aged 53, was sentenced to five and a half years in prison by the Dublin Circuit Criminal Court for his role in a car chop‑shop operation and drug offences. He pleaded guilty to possession of stolen cars and to possession for sale or supply of cannabis. Gardaí seized six stolen vehicles, €70,000 worth of cannabis, and additional drugs including cocaine, as well as fake bank drafts, from a series of searches at an industrial unit in Summerhill, Meath, Keeley's home in Rossfield Court, Tallaght, and a lock‑up in Blessington, Co. Wicklow. The court noted that the stolen cars had been taken during burglaries across the country. Judge Martin Nolan, taking into account Keeley's serious medical problems, accepted his remorse and imposed the sentence, stating Keeley would not appear again for similar offences. The sentence reflects the profit motive behind the drug dealing. The case remains at the sentencing stage.
Seamus McGrane, 63, of Dromiskin, County Louth, was sentenced to eleven and a half years in prison for directing the activities of a terrorist organisation and six and a half years for IRA membership. The Special Criminal Court convicted him in October of directing the IRA between April 19 and May 13, 2015, and membership from January 18, 2010, to May 13, 2015. McGrane, who denied both charges, was found to have plotted an explosion during Prince Charles's State visit, targeting the Cross of Sacrifice in Glasnevin. The sentences run concurrently. His ally, Donal O'Coisdealbha, pleaded guilty to IRA membership on May 13, 2015, and was jailed for five and a half years. The court noted McGrane's previous convictions, including a 2001 sentence for firearms training, as aggravating factors. Ms Justice Isobel Kennedy dismissed a letter from Eamon O'Cuiv TD as unconvincing. The judge highlighted that significant explosive materials, including Semtex and detonators, were found at locations linked to McGrane and O'Coisdealbha. This marks the second conviction for directing terrorism in the State, following Michael McKevitt's 2003 sentence.
David Shanley, aged 48, was convicted of manslaughter for killing John Lawlor, also 48, who died from a knife wound to a varicose vein after a confrontation on Christmas Eve 2014. Shanley pleaded guilty and was sentenced by Mr Justice Paul Butler on 24 October 2016 to five years' imprisonment, with the final two‑and‑a‑half years suspended. The judge noted Lawlor was a "much loved son, brother, father and grandfather" and that Shanley had accepted responsibility, though he had initially tried to deflect it by claiming the struggle was a "fight for survival". Shanley's sentence is now under appeal by the Director of Public Prosecutions, who argue the tariff is unduly lenient and the 50 % mitigating discount too high. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage, with no further outcome reported.
Seamus McGrane, 63, of Dromiskin, County Louth, was remanded in custody until December 7 for sentencing at the Special Criminal Court. He was convicted last month of directing the activities of an unlawful organisation, styling itself the IRA, between April 19 and May 13, 2015, and of IRA membership between January 18, 2010, and May 13, 2015. McGrane denied both charges. The court found he discussed an operation involving explosives in the run-up to Prince Charles's State visit. Detective Chief Superintendent Tom Maguire outlined evidence from audio recordings at The Coachman's Inn in Swords, where McGrane allegedly directed Donal O'Coisdealbha regarding explosives and a specific operation. McGrane is the second person convicted of directing terrorism in the State, following Michael McKevitt, who was jailed for 20 years in 2003. Defense counsel Michael O' Higgins SC argued the case is distinct from McKevitt's, noting McGrane's group was a splinter organisation with no fatalities. He highlighted that co-accused O'Coisdealbha received a five-and-a-half-year sentence for membership. Ms Justice Kennedy, sitting with Judges Sinead Ni Chulachain and Cormac Dunne, adjourned the matter, remanding McGrane in custody until December 7 when he will be sentenced.
Joseph Berry, aged 30, was jailed for his part in the theft of an ATM from a Maxol/Mace service station in Enniscorthy on 24 July 2009. The ATM, owned by Ulster Bank, contained €205,100 at the time of removal. Berry had pleaded guilty to theft and related offences and was originally sentenced to four years' imprisonment by Judge Barry Hickson on 28 June 2016. On appeal, the Court of Appeal found that the Circuit Court had not given enough weight to mitigating factors such as Berry's youth, guilty plea and clean record. The Court suspended the final nine months of a new four‑year term, re‑sentencing Berry to four years with the suspended portion, and backdated the sentence to 9 December 2015 to account for time spent in German custody awaiting extradition. The decision was made by Judges Alan Mahon, Michael Peart and George Birmingham. The appeal was granted on 13 November 2017.
In a High Court ruling on 10 November 2017, Mr Justice Michael Twomey granted an injunction requiring Drumderry Aggregate Ltd to hand over certification for the Hollowcore flooring it supplied and fitted at the extension to St Conleth's College in Newbridge, Co Kildare. The extension, designed for 250 students but now serving 477, was to be completed by year‑end 2017 with new facilities ready in January 2018. K&J Townmore Construction Ltd, the main contractor, argued that the lack of certification threatened the project's completion and could cause financial loss exceeding €430,000 if remedial work were needed. Drumderry, represented by Eanna Mulloy SC, opposed the application, claiming it was not responsible for health and safety matters beyond its own work. The judge noted all other certifications had been provided, held Drumderry liable only for its own certification, and ordered the certificates to be delivered within seven days. The injunction was granted to protect the project's timely completion.
In a High Court hearing, K&J Townmore Construction Ltd, the main contractor for an extension to St Conleth's College in Newbridge, Co Kildare, argued that a dispute with subcontractor Drumderry Aggregate Ltd could delay the opening of the new school facilities. The extension, designed to accommodate 250 students but now serving 477, was expected to be finished by year‑end and ready for use in January 2018. K&J claims Drumderry failed to provide required certification for flooring supplied and installed by the subcontractor, a certification essential under building regulations. Without the certificates, K&J fears costly remedial work, potentially exceeding €430,000. K&J has sought an order compelling Drumderry to supply the certificates and preventing their withholding. Mr Justice Paul Gilligan granted ex‑parte notice and set the case for a return next week. The dispute centres solely on the certification issue, unrelated to other legal actions between the parties. The outcome of the order remains pending.
In a High Court case, Mr Graham Light, who was dismissed from his role as Commercial and Risk Advisor at the ESB on 11 October 2017, secured a temporary injunction preventing the termination of his employment and the cessation of his salary and benefits. Light claimed he was informed by senior ESB officials that an external security team had advised the Gardai that he was a "person of interest" and a security risk to national infrastructure in Ireland, Northern Ireland and Great Britain. He said the ESB had not told him the specific allegations and that the dismissal was presented as the last day of his employment. Light, 36, said the decision was irregular, unfair and had caused irreparable harm to his career and reputation. The court heard that the matter had been resolved and the proceedings could be struck out.
An 18‑year‑old man was sentenced to five years' imprisonment, with the final two years suspended, after a jury found him guilty of raping a 15‑year‑old girl at a house party in Co. Wexford on 24 July 2014. The defendant, who was 16 at the time of the offence, had pleaded not guilty. He had met the girl, a secondary school student, through a mutual friend and taken her to a party where she was given vodka and became incapacitated. While she was unable to consent, the defendant raped her and later bragged to friends that he had "bagged her". The victim, now 17, described lasting emotional trauma and self‑harm thoughts. The judge noted the defendant's lack of prior convictions, his remorse, and the 18‑month delay between charge and trial, and ordered that he not contact the victim or approach her on social media.