Court archive

Court reports mentioning Wexford

2017-10-17 · Waterford

Deceased had eight previous convictions, murder trial hears

Juraci Da Silva, 36, is on trial at the Central Criminal Court for the death of James Banville, 28, who was stabbed in the heart on New Street in Waterford on October 8, 2016. Da Silva has pleaded not guilty to murder but guilty to manslaughter, a plea the State has not accepted. He also pleads not guilty to assaulting Conor Hogan and producing a knife. The trial heard that Banville had eight previous convictions, including a four-month jail sentence in March 2009 at New Ross District Court for threatening to kill under section 5 of the Non-fatal Offences Against the Person Act. Other convictions included assault, carrying an offensive weapon, and criminal damage. Defence counsel noted that Banville and Hogan allegedly assaulted and racially abused Da Silva before the incident. Detective Garda Darren Colfer testified that Da Silva was interviewed on October 9, 2016, where he denied stabbing anyone despite witness identification. The prosecution has finished calling evidence. Mr Justice Michael White is currently dealing with matters in the jury's absence and has asked them to return tomorrow morning. The matter is therefore adjourned.

2017-10-09 · Tipperary

Tipperary crystal sue giftware seller over alleged trademark infringement

Allied Imports Ltd, owner of the Tipperary Crystal brand, has sued Kavanagh Giftware Ltd for allegedly passing off Tipperary Crystal trademarks on the packaging of mugs and cups sold by the defendant. The plaintiffs claim the defendant uses a grey and white graphic representation of the Tipperary Crystal mark on the inside and outside of its packaging, and that the goods are sold in Enniscorthy, Wexford, and online, with wholesale distribution to other Irish retailers. Allied Imports and director Robert Scanlan argue that the unauthorized use causes public confusion. They seek injunctions to stop the passing off, orders to have the infringing goods seized and destroyed, and damages. The case was admitted to the fast‑track Commercial Court list by Justice Brian McGovern after a challenge by Kavanagh's counsel, and is scheduled to return in February. The proceedings remain at the pleading stage, with no verdict yet.

2017-10-06 · Louth

Man accused of directing the IRA recorded discussing explosives operation prior to Royal visit, court hears

The Special Criminal Court has heard the opening of the trial of Seamus McGrane, 63, of Dromiskin, County Louth. Mr McGrane has pleaded not guilty to directing the activities of an unlawful organization, the IRA, between April 19 and May 13, 2015, and to membership of the IRA between January 18, 2010, and May 13, 2015. Prosecuting counsel Tara Burns SC stated that the case relies on audio recordings made at the Coachman's Inn in Dublin on April 19 and May 10, 2015. The prosecution alleges that McGrane directed Donal O'Coisdealbha to contact individuals for explosives supplies and discussed manufacturing rockets and mortars in the run-up to Prince Charles's state visit. The court will hear evidence that McGrane directed the operation to be "symbolic and of military significance" and "not to be an embarrassment." Evidence will also include a search of a house in Courttown, County Wexford, where explosive substances were found, and searches of McGrane's properties in Dundalk where similar items were allegedly discovered. McGrane was arrested on May 13, 2015. The trial is currently ongoing before Justice Isobel Kennedy, Judge Sinéad Ní Chúlacháin, and Judge Cormac Dunne, and resumes on Monday.

2017-10-06 · Waterford

Witness denies that he and deceased provoked murder accused

During a murder trial, witness Conor Hogan denied that he and the deceased, 28‑year‑old James Banville, provoked the fatal knife attack on a Waterford street. Hogan, from Taghmon, said the accused, 36‑year‑old Brazilian meat‑factory worker Juraci Da Silva, "started it" when he approached them in an alley and wouldn't leave. He also said he could not remember racially abusing Da Silva or calling him a "pervert" or "paedophile." Da Silva has pleaded not guilty to murder but guilty to manslaughter, and is also charged with assaulting Hogan and producing a knife. Hogan testified that he and Banville had not provoked Da Silva, and that the first two assaults occurred when Da Silva approached them. The trial continues before Justice Michael White and a jury.

2017-10-05 · Waterford

Witness denies racially abusing Brazilian murder accused

Conor Hogan, aged 28, denies that he racially abused the Brazilian accused, Juraci Da Silva, during a 2016 assault in Waterford. Hogan admitted to assaulting Da Silva twice, but denied a third assault and said he could not recall telling Da Silva to "go back to your own country." Da Silva, 36, is on trial for murder and has pleaded not guilty to that charge but guilty to the manslaughter of James Banville, 28, who was stabbed by Da Silva. Da Silva also faces charges of assaulting Hogan and producing a knife. During cross‑examination, Hogan explained that he and Banville attacked Da Silva because he would not leave them alone, and that the colour of his skin was irrelevant. The trial is before Justice Michael White with a jury of twelve.

2017-10-04 · Waterford

Witness tells murder trial of lead-up to fatal stabbing

During a murder trial, Conor Hogan, aged 28, recounted the events that led to the fatal stabbing of his friend James Banville on 8 October 2016. Hogan said he and Banville had celebrated Banville's first week in a new job, drinking in a few pubs in Waterford City. They were assaulted twice by Brazilian national Juraci Da Silva, 36, who later pursued them. Hogan and Banville attempted to hit Da Silva in an alley on Cross Lane, but Da Silva returned to the car on New Street and stabbed both men. Banville died from his injuries; Hogan required about ten stitches. Da Silva pleaded not guilty to murder but guilty to the manslaughter of Banville, a plea not accepted by the State, and is on trial at the Central Criminal Court. He also pleaded not guilty to assaulting Hogan and to producing a knife. The trial continues tomorrow before Justice Michael Kelly and a jury of twelve.

2017-10-03 · Waterford

Brazilian murder accused "out for revenge" after being attacked, prosecution say

In a Waterford murder trial, 36‑year‑old Juraci Da Silva pleaded not guilty to murder but guilty to manslaughter of 28‑year‑old James Banville, who was stabbed to death on New Street at about 3.15 am on 8 October 2016. Da Silva also pleaded not guilty to assault causing harm to Conor Hogan and to a third count of producing a knife. The prosecution presented CCTV footage showing that Banville and Hogan had assaulted Da Silva twice over a 20‑minute period, then left him. Da Silva, after changing clothes, followed them, produced a long knife and inflicted the fatal injury. The jury was told that the acts did not constitute self‑defence and that intent to kill or cause serious injury was required for murder. The trial continued before Justice Michael Kelly and a 12‑person jury.

2017-10-02 · Waterford

Murder trial of Brazilian man to begin

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

2017-07-27 · Dublin

Nigerian man jailed for transporting €140k in cocaine

Anthony Eya, a 42‑year‑old Nigerian naturalised Irish citizen, was arrested in May 2017 after a Garda surveillance operation that followed a customs alert about a suspicious package. The package, identified as suspicious when it passed through customs, was delivered to an address in Adamstown, Lucan, and later placed in Eya's car. Garda Marcella Shanahan described the "controlled delivery" and the subsequent stop at Ballyowen Lane, where two kilograms of cocaine were recovered. Eya pleaded guilty at Dublin Circuit Criminal Court to possession of the drugs for sale or supply, admitting he had paid €3,000 to Charles Twesigye for the package. He had previously served a drug offence sentence in 2006 and had left Ireland for Nigeria in 2013, returning to face the charges. Judge Martin Nolan, noting Eya's guilty plea and cooperation, imposed a four‑and‑a‑half‑year imprisonment sentence, deviating from the mandatory ten‑year minimum for the offence.

2017-07-24 · Waterford

Date set for Waterford murder trial

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

2017-07-13 · Limerick

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

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

2017-06-29 · Wexford

Provisional liquidator appointed to local newspaper publisher

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

2017-06-19 · Wexford

Bail refused for man accused of threatening to kill gardai

Patrick O'Reilly, 49, of Brownswood, Enniscorthy, was denied bail by the High Court after being charged with threatening to kill Garda Paul Donoghue and Detective Inspector John Hunt in February in Limerick. The State argued that O'Reilly was a flight risk and could interfere with witnesses, citing O'Callaghan objections and Section 2A of the Bail Act. Justice Michael Moriarty ruled the bail refusal necessary, hearing evidence from Chief Superintendent John Roche and the two Gardaí who were allegedly threatened. O'Reilly now awaits trial at Clonmel Circuit Court.

2017-05-31 · Wexford

Man accused of concocting road accident withdraws damages claim

Anthony Davitt, a 46‑year‑old asphalt contractor from Ferns, withdrew a High Court damages claim against Aviva after denying the insurer's allegations that he had fabricated a rear‑end collision near a family member's house under construction. The alleged incident, said to have occurred at 10.30 pm on 23 June 2010 on Monageer Road, involved Davitt's car being rear‑ended by the front of another vehicle driven by Patrick and Michael Berry of Lee Heights. Davitt had sued the Berrys, claiming a back injury from the collision, but the case was struck out when he announced its withdrawal. Aviva, represented by Liam Reidy SC, was awarded costs. The court also vacated earlier judgments against the Berrys, and Aviva's expert evidence suggested the incident could not have occurred as claimed. Davitt denied any conspiracy or fabrication of the accident.

2017-05-30 · Wexford

Wexford man denies allegation that road accident claim is fraudulent

Anthony Davitt, a 46‑year‑old asphalt contractor from St Aidans, Ferns, Enniscorthy, Wexford, denied in the High Court that he fabricated a road‑traffic accident that he claims occurred on 23 June 2010 at Monageer Road, Ferns, near a family member's house under construction. He said the accident involved his car being rear‑ended by the front of a car driven by Michael Berry, with Patrick Berry as the owner. Davitt alleges he suffered a back injury and that the Berrys were negligent. Aviva Insurance Plc, the insurers of the Berrys, denied the claim, calling it fraudulent and asserting that Davitt and the Berrys conspired to pursue the proceedings. The court heard that Aviva would present expert evidence suggesting the collision could not have occurred as Davitt described. The case is ongoing and is expected to last three days.

2017-05-29 · Wexford

Brian Kenna: former Provo gang member who was confronted by armed uniformed gardai

Brian Kenna, a former member of a Provisional IRA gang, was involved in a bank robbery in Enniscorthy on 1 May 1990. The gang, consisting of seven raiders armed with shotguns, pistols, a revolver and replica guns, held up the AIB branch at Slaney Place. Gardai were alerted by a bank official and four uniformed officers arrived, armed with an Uzi submachine gun and revolvers issued by Superintendent Michael Murphy. During the confrontation, the raiders fired three shots at the gardai, who returned fire and seriously injured the driver of the getaway van. Kenna pleaded not guilty to possession of a firearm with intent to commit robbery, use of a firearm to resist arrest, and robbery of over €5,000. He was convicted along with five others, each receiving a ten‑year sentence, while a sixth man received twelve years due to a prior firearms conviction. The trial took place at the Special Criminal Court in Green Street.

2017-05-05 · Dublin

Two commercial court cases involving publican Frank Gleeson resolved

Commercial Court proceedings involving publican Frank Gleeson and EMI-MR Investment LLC have been resolved. Mr. Gleeson, the applicant in one set of proceedings, had alleged shareholder oppression in Ardan Advisory Ltd, a company formed from the merger of the Mercantile and Capital pub chains. The other shareholders denied these claims. In a second set of related proceedings, USA-based EMI-MR Investment LLC sought a €4.6m judgment against Mr. Gleeson over 2016 loans used to refinance or purchase the Bottom of the Hill pub in Finglas and his Mulhuddart pub, as well as to buy shares and pay creditors. Mr. Gleeson opposed this action. On Friday, counsel Stephen Dowling BL informed Mr Justice Robert Haughton that both sets of proceedings had been resolved. The matters were adjourned to May 29 for mention only to allow for the implementation of a settlement agreement. Mr. Gleeson's counsel, Padraic Lyons BL, confirmed his client consented to this proposal. No settlement details were disclosed in open court. Separate High Court proceedings brought by Mr. Gleeson to prevent his dismissal as CEO of Mercantile Entertainment Group Ltd remain pending. Last month, he secured a temporary injunction blocking his dismissal or further disciplinary action. Mr. Gleeson holds a 30% shareholding in Ardan Advisory, while the remaining 70% is owned by JT Magen (Capital Bars) LLC and Danu Advisory Partners Ltd.

2017-05-04 · Wexford

Court upholds conviction of raider who took part in JCB theft of ATM

Thomas Berry, aged 43 and resident of Bunclody, Co. Wexford, was convicted of theft and related offences for his part in a 2009 ATM robbery at a Maxol service station on Bellefield Road, Enniscorthy. The robbery involved a JCB digger that was hot‑wired by Berry and other gang members to move the ATM, which contained €205,100, into a trailer for escape. Berry was found guilty by a jury at Wexford Circuit Criminal Court and sentenced to five years' imprisonment, with the final three months suspended. He appealed the conviction, but the Court of Appeal, in a unanimous decision, dismissed his appeal on all grounds. The court upheld the original conviction, confirming the jury's finding that Berry was one of the raiders. The appeal was rejected by Judges George Birmingham, Alan Mahon and John Edwards. The case remains at the conviction stage. Thomas Berry pleaded not guilty.

2017-04-24 · Wexford

Man orally raped partner's 7-year-old son

A 33‑year‑old Wexford man was convicted of orally raping his partner's seven‑year‑old son between 1 March and 30 September 2013 after the boy's mother had gone on an errand. The offence took place at the man's rented home. He denied the charge and has no remorse. The Central Criminal Court found him guilty of one count of oral rape. Mr Justice Paul Butler sentenced him to seven and a half years, suspending the final two and a half years on conditions including no contact with the victim. The judge noted the offence was a single incident, not a pattern of abuse, and that the man had a prior burglary conviction. The victim's mother described the child's emotional and academic decline following the assault. The boy, aged eight at the time of a Garda interview, reported the man's abusive language and forced sexual act. The mother's impact statement highlighted the child's trauma and loss of safety.

2017-04-24 · Wexford

Jail term cut for man who sexually abused daughter and two other girls

A 47‑year‑old man was sentenced to nine years in prison for sexually assaulting his daughter and two other girls under 13 between 1997 and 2009. He pleaded not guilty to 18 counts, but a jury found him guilty and Judge Alice Doyle imposed three consecutive three‑year sentences on 10 June 2015. He appealed the conviction on all but three counts involving one victim; the Court of Appeal upheld the conviction on the remaining count. On 24 April 2017 the Court of Appeal reduced his sentence by two years, giving a total of seven years – consecutive sentences of three, two and two years. The court noted the seriousness of the offences, the duration of the offending period, the multiple young victims, the nature of the abuse and the man's limited intellectual capacity, but did not suspend any portion of the sentence.

2017-04-07 · Cork

Court upholds conviction of former addict who murdered friend during heroin row

Peter Jackson, aged 42, was convicted of murdering David Hamilton, aged 31, during a heroin injection dispute on 4 May 2012. The Central Criminal Court found Jackson guilty and imposed a mandatory life sentence on 23 November 2015. Jackson, a former heroin addict, and Hamilton were both users who had bought two bags of heroin earlier that day. An argument erupted after Jackson struggled to inject Hamilton, leading to a fight that culminated in Jackson striking Hamilton with a knife. Jackson appealed his conviction, arguing a lack of evidence for the mental element of murder and that the judge failed to address rebuttable presumptions. The Court of Appeal, led by Mr Justice Birmingham, rejected the appeal, affirming the conviction and the life sentence. The appeal was dismissed. Peter Jackson pleaded not guilty.

2017-04-06 · Dublin

Publican Frank Gleeson secures injunction preventing dismissal

In a High Court hearing on 6 April 2017, Mr Justice Paul Gilligan granted Publican Frank Gleeson an interim injunction preventing Mercantile Entertainment Group Ltd from dismissing him as CEO or taking disciplinary action based on a company‑commissioned investigation report. The injunction also barred the company from acting on findings in that report, which Gleeson's counsel described as prejudicial, flawed and lacking fair procedure. The injunction was granted ex‑parte and the matter was adjourned to 26 April. Gleeson, a 30‑per‑cent shareholder in Ardan Advisory, has been on gardening leave since December and fears the investigation will damage his reputation and finances. The injunction protects him while the investigation and related commercial court proceedings continue. The injunction does not alter any potential future outcomes of the investigation or other claims pending against him.

2017-04-06 · Wexford

Eightfold increase on fine imposed on Kilsaran Concrete over death of employee

In 2011 a worker, Barry Gargan, 28, was killed at Kilsaran Concrete's Piercetown plant when a cleaning arm fell on him inside a safety cage. The company pleaded guilty to failing to manage work safely and was fined €125,000 by Judge Michael O'Shea in 2016. The Director of Public Prosecutions argued the fine was too low, citing deliberate safety feature overrides to boost profit. The Court of Appeal, hearing the DPP's application, increased the fine to €1 million. The appeal court found the company had a pattern of incremental safety breaches over more than a year, with senior management encouraging risky practices. The court noted the company's cooperation, guilty plea and prior good safety record as mitigating factors, but deemed the original fine unduly lenient. The final penalty was €1 million, a 50 % reduction from the maximum possible fine. The company apologized to the Gargan family and acknowledged the loss of a valued employee.

2017-03-31 · Cork

Former addict appeals conviction for murdering friend in row over heroin

Peter Jackson, aged 42, was sentenced to life imprisonment for the murder of David Hamilton, aged 31, during a drug‑related dispute on 4 May 2012 at a house on Kerryhall Road, Fairhill, Co. Cork. The Central Criminal Court found Jackson guilty after a jury trial, and Justice Isobel Kennedy imposed the mandatory life sentence on 23 November 2015. The case involved both men being heroin users who had purchased two bags of heroin earlier that day, each worth €50, and had attempted to inject themselves. Pamela McHale, a 26‑year‑old friend of Jackson, testified that an argument erupted when Jackson struggled to find a vein for Hamilton, leading to a physical altercation in which Jackson struck Hamilton with an object from the table. Jackson has now lodged an appeal against his conviction, represented by barristers Dominic McGinn SC and James Burke BL, with the Court of Appeal reserving judgment. Peter Jackson pleaded not guilty.

2017-03-27 · Wexford

Challenge to planning board's refusal of Wexford solar power plant

A High Court challenge has been initiated by Highfield Solar Limited against An Bord Pleanala regarding the refusal to approve a solar power generating facility in the South East. The application seeks to overturn the planning authority's decision to deny permission for the Grahormick Solar Farm, a 90 hectare site near Killinick in Co Wexford. The proposed development includes a 38kv electrical substation, solar PV panels mounted on steel supports, and associated infrastructure. The company argues that An Bord Pleanala abdicated its responsibility by refusing the application on the basis that it would be premature to proceed without a national or regional strategy for solar developments. It also claims that irrelevant considerations were taken into account and that the decision is inconsistent with previous approvals for similar projects in other areas. Highfield Solar Limited seeks declarations that the board failed to provide adequate reasons for its decision and that it acted ultra vires. Permission to bring the action was granted ex-parte by Mr Justice Seamus Noonan, with the matter to be returned for hearing in May.

2017-03-27 · Wexford

Kilsaran may face increased fine over employee death after DPP appeal

Kilsaran Concrete, a manufacturer in Piercetown, Dunboyne, was fined €125,000 in February 2016 for failing to ensure employee safety after Barry Gargan, 28, was killed in September 2011 while operating a wet‑cast machine. The DPP has appealed, arguing the penalty was "unduly lenient." The appeal is pending, with the Court of Appeal reserving judgment until April 6. In the appeal, barrister Carl Hanahoe described how the company used a wet‑cast line, originally for standardised curbing stones, to produce bespoke concrete slabs for regeneration projects in Limerick and Ballymun. He alleged deliberate overriding of safety features, incremental efficiency gains that increased danger, and that employees were positioned on either side of the conveyor belt inside a safety cage. A worker had reported a "near miss" over about 12 months. Kilsaran's counsel, Hugh Hartnett SC, maintained that the system was wrong from the start and that the company had paid civil sums quickly. Kilsaran Concrete pleaded guilty.

2017-03-16 · Cork

Man who claimed to be on "drinking session" is jailed for IRA membership

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.

2017-03-07 · Wexford

Wexford man convicted of orally raping former partner's 7-year-old son

A 33‑year‑old Wexford man was convicted of orally raping the seven‑year‑old son of his former partner. The offence occurred at the man's rented home between 1 March and 30 September 2013. The boy, now 11, was interviewed by specialist Gardaí in March 2014 and described how the man had called him over, pulled down his pants and forced him to suck his "carrot". He also said the man threatened to leave him in the rain if he did not comply. The boy's aunt learned of the abuse in December 2013 after the boy told her, and the mother reported the incident to the prosecution in December 2013. The jury deliberated for just over four hours on day six of the trial, returned a guilty verdict, and the judge revoked the man's bail and remanded him in custody for sentencing on 3 April. The case was heard in the Central Criminal Court. The unnamed 33-year-old pleaded not guilty.

2017-03-06 · Dublin

Two jailed for involvement in NCT scam

Stephen Rooney (37), Alan Richardson (28) and Vincent Brunton (34) were jailed for their roles in an NCT scam that involved passing cars that had previously failed roadworthiness tests. The men were arrested after a Garda investigation prompted by an RTÉ Prime Time documentary in 2011. Judge Gerard Griffin sentenced Rooney and Richardson to three years with two‑and‑a‑half years suspended, and suspended the entire three‑year term for Brunton. Rooney pleaded guilty to forgery of an NCT certificate and corruption for accepting €100 as inducement; Richardson pleaded guilty to the same forgery and corruption for accepting a cash gift; Brunton pleaded guilty to forging an NCT certificate. The court noted the cars passed were unroadworthy and unsafe, and that the men's actions undermined public trust in the NCT system. The case was adjourned after the evidence was heard.

2017-03-06 · Cork

Cork man to be sentenced for IRA membership

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.

2017-02-27 · Dublin

Ambulance called after NCT scam accused slumps over during sentencing

In a Dublin Circuit Criminal Court hearing, Stephen Rooney, 37, was sentenced to one year in jail for forging an NCT certificate and accepting a €100 inducement. He collapsed in the dock, prompting an ambulance call. Judge Gerard Griffin had originally imposed a three‑and‑a‑half‑year sentence, suspending the final two‑and‑a‑half years due to Rooney's cooperation and remorse. The court also set sentencing dates for co‑accused Alan Richardson, 28, and Vincent Brunton, 34, who had each pleaded guilty to forgery and corruption for passing two un‑roadworthy Toyota Carinas. Both men were to receive suspended sentences after full cooperation. A fourth man, Darren Meehan, 40, had already received a two‑and‑a‑half‑year suspended sentence for producing a false NCT certificate. All three men were remanded on continuing bail pending the March 6 sentencing. The case stemmed from a 2011 RTÉ Prime Time documentary and a Garda investigation.

2017-02-23 · Wexford

Jail term cut for man who was school student when he sexually assaulted woman

A 25‑year‑old man, who was a school student when he committed the offence, was sentenced to two years' imprisonment for sexually assaulting a woman in a hotel room in Wexford on 11 October 2008. The jury found him guilty on a 10‑2 verdict. On appeal the Court of Appeal held that, given his youth at the time of the offence – he was 17 – and his progress since, the sentence should have been structured differently. The man was re‑sentenced to two years' imprisonment with the final nine months suspended. The court directed that any unserved portion of the sentence be suspended from 30 May to allow him to resit exam papers he had not passed. He must also enter a good‑behaviour bond, participate in a sex offenders programme and work with probation services on alcohol awareness, with 15 months of post‑release supervision. The unnamed 25-year-old pleaded not guilty.

2017-02-23 · Dublin

Three-times banned driver has sentence increased for causing death of cyclist

Christopher Coleman, 27, of Dublin, was sentenced to six years' imprisonment for dangerous driving that caused the death of Eugene Maher, 62, on Clontarf Road on 30 June 2015. The Court of Appeal increased the original two‑and‑a‑half‑year sentence to six years, suspending the final two years and nine months. Coleman also received a 15‑year driving disqualification. He had previously been disqualified and had no licence at the time of the offence. The prosecution argued the original sentence was too lenient, citing Coleman's speed, failure to stop at a red light, driving while disqualified, leaving the crash scene and lack of insurance. The court noted his guilty plea and remorse, but upheld the increased term with suspension due to mitigating factors. The case remains a criminal proceeding at the appellate level.

2017-02-22 · Dublin

Three men to be sentenced over NCT scam for "unroadworthy" cars

Three men – Stephen Rooney (37), Alan Richardson (28) and Vincent Brunton (34) – were arrested after a Garda investigation into a 2011 RTÉ Prime Time documentary that exposed a scheme to pass unroadworthy vehicles at a Dublin NCT centre. Richardson, then an NCT inspector, was approached by Rooney to pass two Toyota Carinas that had previously failed the test. The men were to receive €100, but no money was exchanged. Richardson then asked Brunton to issue a false NCT certificate for one vehicle, while a fourth man, Darren Meehan (40), was approached to pass the second vehicle and received a two‑and‑a‑half‑year suspended sentence for producing a false certificate. Rooney pleaded guilty to forgery and corruption for accepting €100 as inducement; Richardson pleaded guilty to the same forgery and corruption for accepting cash from Rooney; Brunton pleaded guilty to forgery for creating a false certificate. All three men fully cooperated with the Garda investigation and expressed remorse.

2017-02-22 · Cork

Cork man who told gardai he was on "drinking session" and didn't know about half-a-tonne of fertiliser in van is convicted of IRA membership

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

IRA accused's account to gardai "false and misleading", prosecution tell trial

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

Commissioner tells trial he "100%" believes accused is IRA member

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

IRA accused told gardai he was going on "drinking session"

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

IRA accused found in Hiace van packed with bags of fertiliser, trial hears

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.

2017-02-06 · Kilkenny

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

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

2017-01-31 · Dublin

2.5-year sentence for unlicensed, three-times banned driver who killed cyclist too lenient, DPP argues

Christopher Coleman, 27, pleaded guilty to dangerous driving causing the death of Eugene Maher, 62, on 30 June 2015. He was sentenced to two‑and‑a‑half years' imprisonment and a 15‑year driving disqualification. Coleman had no licence, had previously been disqualified, and had 15 prior convictions including three driving bans. He drove a friend's car, which had been speeding and on the wrong side of the road, and left the scene after the crash. The DPP, citing the severity of the offence and Coleman's lack of licence, seeks a review of the sentence as "unduly lenient". The Court of Appeal has reserved judgment, with a decision expected on 23 February. The case remains at the appeal stage, with no further outcome reported.

2017-01-18 · Wexford

Burglar was so intoxicated he fell asleep on homeowner's bed

Michael McDermott, 43, was arrested for burglary in Coolock, Dublin, after a house was broken into on 23 January 2016. He was found asleep on the homeowner's bed after piling up items he intended to steal, having fallen asleep in the box room. McDermott had been heavily intoxicated, having taken a large number of tablets, and was described by the homeowner's sons as "out of his mind." He had cut himself when smashing a front window to gain entry. Garda Richard Carroll reported that McDermott's condition warranted medical treatment and an ambulance was called. McDermott pleaded guilty at Dublin Circuit Criminal Court and was sentenced to three years' imprisonment by Judge Melanie Greally. He has 95 prior convictions, including assault, burglary, robbery and drug offences. The court noted his history of drug use and a 30‑year addiction that he claimed to have overcome in 2013.

2017-01-17 · Dublin

Five get jail sentences of between 3 and 7.5 years for Dale Creighton killing

Five men were sentenced at the Central Criminal Court for the killing of Dale Creighton, who died from blunt force injuries after a 14-minute assault at a Tallaght footbridge in 2014. The defendants, originally charged with murder, changed their pleas to guilty of manslaughter. Ms Justice Deirdre Murphy described the attack as prolonged and vicious, noting that the victims were 'pretty normal, average young people.' Graham Palmer (26) was jailed for five years; Ross Callery (23) and Jason Beresford (23) each received six-year sentences; David Burke (28) was sentenced to seven and a half years; and Gerard Stevens (27) received three years. Aisling Burke (23), who pleaded guilty to violent disorder, was given a five-year sentence with the final four years suspended for two years, though the imposition of this sentence was adjourned for one week to allow her to arrange childcare. James Reid (26), who pleaded guilty to possession of a knife, received a fully suspended two-year sentence and entered a €1,000 bond to be of good behaviour for two years. The victim's family expressed disappointment at the leniency of the sentences, particularly regarding the suspended portions.

2017-01-11 · Carlow

Latvian man jailed for assaulting ill friend in murder house

A 33‑year‑old Latvian man, Dzintars Sacklausks, was sentenced to two years' imprisonment, with the final 12 months suspended, for assaulting his ill friend, Aigar Sildars, during a drinking party in Graigowen, Tullow, Co. Carlow. The assault occurred on the morning of 16 September 2014, the same day a third man, Gints Intembergs, was murdered. Sacklausks had pleaded not guilty to both the assault and murder charges, but the murder charge was dropped early in the trial and he later pleaded guilty to assault. The court noted that Sildars was drunk and injured, with facial bruising, and that Sacklausks had admitted the assault and left a blood spot on his shoe. Sildars, who has a reduced mobility illness, declined a victim impact statement but sent a letter to the judge expressing forgiveness and no ill will toward Sacklausks. The unnamed 33-year-old was found guilty.

2016-12-22 · Dublin

"I love you": last words mother heard from Dale Creighton(20)

Seven defendants appeared before the Central Criminal Court for sentencing following the death of Dale Creighton, who died from blunt force injuries sustained during an assault on a Tallaght footbridge on New Year's Day 2014. Originally charged with murder, the group pleaded guilty to lesser offences on the 15th day of their trial. Graham Palmer, Ross Callery, Gerard Stevens, Jason Beresford, and David Burke each pleaded guilty to manslaughter. Jason Beresford also pleaded guilty to violent disorder, as did Aisling Burke. James Reid pleaded guilty to possession of a knife with a blade or sharp point. The court heard victim impact statements from Creighton's parents, who expressed their enduring grief and stated they would never forgive those responsible. Counsel for the defendants submitted mitigation, noting that most expressed remorse and had no prior convictions. Aisling Burke's counsel highlighted her status as a mother and her early plea. Graham Palmer's counsel noted his cooperation with Gardaí and admission of involvement in punching and slapping the deceased. David Burke's counsel argued he did not cause serious harm and attempted to stop others. The judge is now considering appropriate sentences for these admitted offences.

2016-12-19 · Dublin

Dale Creighton did not have phone when discovered unconscious at footbridge, court hears

The sentence hearing for seven accused in the 2014 death of Dale Creighton was adjourned, with Ms Justice Deirdre Murphy indicating sentences will be announced in January. The accused, originally charged with murder, pleaded guilty to lesser offences after their initial not-guilty pleas were withdrawn during trial. Graham Palmer, Ross Callery, Gerard Stevens, Jason Beresford, and David Burke pleaded guilty to manslaughter. Jason Beresford and Aisling Burke pleaded guilty to violent disorder. James Reid pleaded guilty to possession of a knife. Evidence presented included CCTV footage and testimony from Sergeant Brian Cagney, who stated Creighton was found unconscious on a Tallaght footbridge without a mobile phone, despite an allegation he had stolen one. Creighton died from blunt force injuries. The court noted prior convictions for David Burke, James Reid, and Gerard Stevens. A letter from Beresford, read by counsel, apologized to the Creighton family. The matter remains pending final sentencing.

2016-12-19 · Dublin

Sentencing hearing for five Dubliners who admit killing Dale Creighton

In a sentencing hearing that began on 19 December 2016, five Dublin men who had admitted killing a 20‑year‑old on a Tallaght footbridge on New Year's Morning 2014 were sentenced. The men, all in their twenties and from Tallaght, had originally been charged with murder but the charges were dropped on the 15th day of the trial after they pleaded guilty to lesser offences. The victims' death was caused by blunt force injury to the head and face. The defendants – Aisling Burke (23), David Burke (28), Graham Palmer (26), Ross Callery (23), James Reid (26), Jason Beresford (23) and Gerard Stevens (27) – had all pleaded not guilty to murder but later pleaded guilty to manslaughter, violent disorder or possession of a knife. The court heard CCTV footage and Garda interview memos during the hearing.

2016-12-12 · Wexford

73-year-old jailed for life for raping 9-year-old who helped him recover from stroke

A 73‑year‑old Wexford man was sentenced to an indeterminate life term for raping his nine‑year‑old step‑granddaughter, who had helped him recover from a stroke. The victim was the fifth of the accused's victims. He already serves a 13‑year sentence for abusing his two daughters in the 1970s and 1980s and a separate term for abusing his two sons. In court the judge described how the man "groomed" the girl by showing her pornographic playing cards and giving her money before molesting and orally raping her between 2006 and 2008. He pleaded guilty to ten counts of sexual assault and oral rape. The judge noted the victim's fear of disbelief and her eventual placement in foster care, and he accepted the man's claim of being abused as a child. The life sentence will run alongside his existing 13‑year term. The case was heard in the Central Criminal Court.

2016-12-08 · Dublin

Family out of allegedly defective home for six years

In a High Court case, the O'Reilly family, who bought a three‑bedroom duplex in Saggart in 2005, claim that the property was defective, with condensation, mould and poor ventilation causing respiratory infections in their seven‑ and nine‑year‑old sons. After medical tests in 2010 revealed a lung mass in one son, the family left the house and have lived in rented accommodation since. They sued the builders and developers, alleging negligence and breach of duty for failing to ensure the property was defect‑free. The defendants, based in Co. Wexford, deny the claims and say they offered repairs, which the O'Reillys refused. The court heard evidence of leaks, mould, water ingress and a collapsed bath, and that the mould was deemed toxic by experts. The case is pending before Mr Justice Donald Binchy.

2016-12-05 · Wexford

76-year-old man raped girl until she became pregnant at age 13

In December 2016, a 76‑year‑old Wexford man was sentenced to 11 years' imprisonment by the Central Criminal Court for raping a teenage girl for two years, resulting in her pregnancy at age 13. The court heard that the man also sexually molested the girl's three younger sisters, who had developmental problems. The abuse began in 2004 when the victim was 11, and the man's conduct was reported by her teacher in 2006 after noticing weight gain. The victim described being raped both at the family home and in a field, and she was threatened with violence if she disclosed the abuse. The man faced 18 counts of rape and sexual assault, pleaded guilty to a sample count of rape and to sample counts of assault on the sisters, and was given concurrent sentences totaling eleven years. The judge noted the victims' vulnerability and the shocking nature of the pregnancy at age 13.