Court archive
Court reports mentioning Kilpedder, Wicklow
2024-04-26 · Wicklow
In a High Court hearing on 26 April 2024, Mr Justice Michael Twomey dismissed the latest claim by brothers Brian and Maurice McDonagh against Fane Investments Ltd, Quanta Capital Investments Ltd and director Mel Sutcliffe over an 82‑acre site at Mount Kennedy, Kilpedder, Co Wicklow. The brothers alleged a 2017 agreement to form a 50‑50 partnership with Quanta to develop a data centre, but the judge held that the agreement was conditional and never became legally binding, having been terminated in March 2018. The McDonaghs had bought the land in 2007, failed to repay a mortgage to Ulster Bank, and the bank appointed a receiver in 2014. Fane purchased the land from the receiver in 2021 for €3 million plus a deferred 25 % profit share. The brothers also sued Ulster Bank for an alleged inadequate sale price, but the judge found no expert evidence and upheld the bank's Isaac Wunder orders.
2022-06-02 · Wicklow
The High Court granted a temporary injunction on an ex-parte basis, preventing Brian McDonagh from trespassing on or interfering with 82 acres of land at Mount Kennedy, Kilpedder, Co Wicklow. The order was made in favour of Fane Investments Limited, which alleges that McDonagh, a former owner, is obstructing access to the property, which has planning permission for a data centre. Ms Justice Nuala Butler issued the order after being satisfied by the evidence presented. Fane Investments, represented by Frederick Gilligan BL, claims it acquired the land from Ulster Bank in 2021 and leases it to local farmers. Counsel alleged that McDonagh has repeatedly cut gate locks, replaced them with his own, parked vehicles to block access, and acted aggressively towards agents. It was further alleged that McDonagh claimed ownership in correspondence and threatened to report interference with livestock to the Gardaí. Counsel noted that while McDonagh and his brothers Maurice and Kenneth were involved in lengthy proceedings with Ulster Bank, that action was resolved in favour of the bank by the Court of Appeal last April. The current injunction proceedings will return before the High Court later this month.
2022-04-06 · Wicklow
The Court of Appeal upheld a €22 million summary judgment against brothers Brian, Kenneth and Maurice McDonagh, who had failed to repay a €21.8 million loan from Ulster Bank used to buy an 80‑acre site in Kilpedder, Co. Wicklow, for a planned data centre that was never built. The High Court had found the brothers breached a 2014 settlement agreement and that receivers were validly appointed over the land. Ulster Bank alleged the brothers used a front company, Granja Ltd, to sell the land for €1.5 million without the bank's knowledge, thereby writing off the debt. The brothers denied the claims and argued the bank was precluded from claiming debts after a settlement with CBRE, which had been sued for valuation negligence and later paid €5.3 million to the bank's loan account.
2018-06-27 · Wicklow
The Supreme Court of Ireland has dismissed Gary Davis's appeal and cleared the way for his extradition to the United States. Davis, who lives in Wicklow, is alleged to have been an administrator of the Silk Road website, which sold illegal drugs and hacking software. He faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, and could receive a life sentence if convicted. Davis argued that his Asperger's Syndrome and mental health would be at risk if extradited, but the court found no real risk of degrading treatment and held that the state must protect all persons in extradition cases. The High Court had ordered his extradition in 2016, and his 2017 appeal was dismissed. The Supreme Court granted a 48‑hour stay to allow his lawyers to advise him and consider a referral to the European Court of Human Rights.
2017-07-25 · Wicklow
The Supreme Court has reserved its decision in an appeal by Gary Davis, a 29-year-old man from Co. Wicklow, against an order for his extradition to the United States. US authorities allege Davis was an administrator of the Silk Road website under the pseudonym 'Libertas' between June and October 2013. He is wanted to face trial on charges including conspiracy to distribute narcotics, conspiracy to commit computer hacking, and conspiracy to commit money laundering. The High Court ordered his extradition last year, and the Court of Appeal dismissed his appeal in March. The Supreme Court agreed to hear the case on grounds of public importance. Davis, represented by Cormac Ó Dúlacháin SC and John Peart SC, argues that extradition would breach his constitutional and European Convention on Human Rights rights to bodily integrity and life. He claims he suffers from Asperger's Syndrome and that detention in the US would be inhumane, potentially leading to suicidal ideation and severe mental health deterioration due to limited family access. The Attorney General, represented by Remy Farrell SC, argued there is nothing to prevent extradition. The five-judge panel, comprising Justices O'Donnell, McKechnie, MacMenamin, Dunne, and O'Malley, heard submissions on Tuesday and reserved its judgment. Davis remains on bail pending the Supreme Court's decision.
2017-03-15 · Wicklow
The Supreme Court will hear an appeal by 28‑year‑old Gary Davis of Wicklow, who is alleged to have been an administrator of the Silk Road website, against an order for his extradition to the United States. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. The High Court ordered his extradition in August, and the Court of Appeal dismissed his appeal in September. Davis now seeks to have the Supreme Court consider his extradition, arguing that he suffers from Asperger's Syndrome and that extradition would breach his constitutional rights and the European Convention on Human Rights. The Supreme Court, satisfied that the case raises points of law of general public importance, has agreed to hear the appeal.
2017-03-08 · Wicklow
Gary Davis, a 28‑year‑old Wicklow resident, is alleged to have been an administrator of the Silk Road website, which sold illicit drugs and hacking software. U.S. authorities seek his extradition on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. The High Court ordered his extradition in August, and the Court of Appeal dismissed his appeal last week, ruling the appeal was not based on a point of law. Davis has been in custody since his arrest in January 2014, having been on bail for three years. He has argued that extradition would expose him to an inhumane environment, citing his Asperger's Syndrome, depression and anxiety, and the lack of suitable care in U.S. prisons. The Court of Appeal confirmed a 15‑day stay on his surrender, but the appeal was ultimately rejected, leaving the extradition order in place.
2017-02-28 · Wicklow
Gary Davis, a 28‑year‑old Wicklow man, is alleged to have been an administrator of the Silk Road website, which sold illegal drugs and hacking software. He faces extradition to the United States on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. Davis has appealed the extradition order on the basis of his Asperger's Syndrome and depression, arguing that he would be subjected to inhumane treatment and lack of appropriate care in a U.S. prison. The Court of Appeal dismissed the appeal, stating that the grounds were not a point of law and that the High Court's decision was based on a thorough consideration of evidence, including medical reports. The court affirmed that the extradition order stands, and Davis will be extradited after a 15‑day period. The case remains pending in the United States.
2017-02-07 · Wicklow
Gary Davis, 28, of Wicklow, is alleged to have administered the Silk Road website, which dealt in illegal drugs and hacking software. He faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. The High Court ordered his extradition in August, but he appealed. The Court of Appeal heard the appeal today and has reserved judgment. Davis's lawyers argue that his Asperger's Syndrome and depression would make him vulnerable to inhumane treatment and violence in US prisons, and that he would be isolated from family support. They cite expert testimony from Professor Simon Baron‑Cohen and claim the US prison system lacks the individualized care he needs. The Attorney General's counsel maintains that extradition is lawful and that mental health does not preclude imprisonment. The three‑judge panel will decide the case later.
2015-12-01 · Wicklow
The High Court will decide in the New Year on the United States' extradition request for Gary Davis, a 27‑year‑old Wicklow man alleged to have been an administrator of the Silk Road website. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, which could carry a life sentence if he is convicted. He argues that extradition would expose him to inhuman and degrading conditions, citing his Asperger's Syndrome and depression. The State insists he should be surrendered. The court heard a sworn statement from UN Special Rapporteur on Torture Professor Juan Mendez, who expressed concerns about the Metropolitan Correctional Centre in New York where Davis would likely be held. Mendez's concerns focus on the impact of isolation on Davis's mental health.
2015-07-14 · Wicklow
The United States has requested the extradition of Gary Davis, 27, of Johnstown Court, Kilpedder, Co Wicklow, who is alleged to have been an administrator of the Silk Road website under the name 'Libertas'. The U.S. authorities charge him with conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, offences that could carry a life sentence if he is convicted in the United States. Davis's counsel, John O'Kelly SC, argues that extradition would expose him to inhuman and degrading conditions in a medium‑security U.S. prison, citing his Asperger's Syndrome and depression. The request is being heard before Mr Justice Paul McDermott under the 1965 Act. The U.S. case relies on evidence seized from the Silk Road, including servers and undercover purchases, and claims Davis had explicit knowledge of the drugs and hacking software sold on the site between June and October 2013. The hearing is expected to last several days.
2015-04-28 · Wicklow
The High Court has set a three‑day extradition hearing in July for Gary Davis, a 26‑year‑old Wicklow man, who is wanted in the United States for alleged links to the Silk Road drug‑distribution website. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. He is contesting the extradition, arguing he should not be surrendered. The US claims Silk Road, shut down by the FBI in 2013, was an underground marketplace for drugs, firearms and counterfeit money, and that Davis acted as an administrator under the name 'Libertas'. He was first arrested on a warrant issued by the High Court in 2014. The court will hear the case on July 14, 15 and 16, with the possibility of an additional day if needed. Davis remains on bail pending the hearing.
2015-02-03 · Wicklow
A new judge will be assigned to hear the extradition case of Gary Davis, a 26‑year‑old Wicklow man, who is wanted in the United States to face charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. Davis is alleged to have acted as an administrator on the underground website Silkroad, using the name "Libertas," a site described by U.S. authorities as a "sprawling black market bazaar" where drugs, firearms and counterfeit money were sold. He was first arrested on a warrant issued by the High Court in January and is currently on bail. Counsel for the Attorney General, Ronan Kennedy BL, asked the High Court whether it could assign a new judge to the case, citing little progress.