Court archive
Court reports mentioning Newtownmountkennedy, Wicklow
2023-07-05 · Wicklow
Dumitru Sehleanu, a van driver, won €15,000 in compensation from Cordelia Foods Ltd following a Workplace Relations Commission hearing. The adjudicator found that the company committed longstanding breaches of the Organisation of Working Time Act, specifically regarding excessive hours and lack of breaks. Mr. Sehleanu alleged he worked 12 to 13-hour days, driving 600km to 900km routes, and was forced to urinate in a bottle due to the inability to take rest periods. The adjudicator accepted this evidence, awarding €7,500 for rest period violations and a further €7,500 for exceeding weekly maximum hours between May and August 2020. However, Mr. Sehleanu's claims for constructive dismissal under the Unfair Dismissals Act, penalisation under the Safety, Health and Welfare at Work Act, and a National Minimum Wage Act complaint were all rejected. The adjudicator ruled that while the working time breaches were significant, they did not constitute a repudiatory breach of contract because Mr. Sehleanu resigned without first raising the issues with his employer. The minimum wage claim failed due to procedural non-compliance. The total award was €15,000. Mr. Sehleanu has since secured new employment as a firefighter in Bray.
2022-12-06 · Wicklow
In a case heard at Dublin Circuit Criminal Court, Paul O'Carroll (47) was convicted of unlawful killing after he punched Vincent Kelly (45) once outside the Royal Hotel in Bray on 9 June 2018. Kelly, who had taken a drink from the hotel bar, followed O'Carroll to retrieve it after the defendant moved it outside. O'Carroll struck Kelly in the face, causing him to fall and suffer catastrophic head injuries. Kelly was taken to St Vincent's Hospital, then Beaumont Hospital, where he later died from a heart attack. O'Carroll claimed he acted in self‑defence, but the jury rejected this. Judge Orla Crowe sentenced him to five years' imprisonment, with the final six months suspended on strict conditions, citing O'Carroll's high moral culpability and his previous convictions. The sentence was imposed on the basis of the facts presented in the trial, without reference to any later developments.
2022-07-26 · Wicklow
In a Dublin Circuit Criminal Court hearing, Vincent Kelly, 45, died from head injuries after being punched once in the face by Paul O'Carroll, 47, outside the Royal Hotel in Bray on 9 June 2018. O'Carroll was found guilty of unlawful killing. The court heard that Kelly had been drinking and had been in the hotel lobby when O'Carroll took his drink, walked out, and struck him once. CCTV showed no defensive action by Kelly. Kelly fell, sustained catastrophic head injuries, was taken to St Vincent's Hospital, then Beaumont Hospital, and died the next day. O'Carroll claimed he acted in self‑defence, feeling threatened, and later made a voluntary statement. The judge adjourned the case to 13 October for finalisation. The hearing also included impact statements from Kelly's wife and sister, describing the devastation and lasting change to the family's lives. The court considered O'Carroll's community involvement and prior convictions in sentencing. The case remains pending.
2022-02-16 · Wicklow
Drmitriu Sehleanu, a former delivery driver from Bray, Co Wicklow, appeared before the Workplace Relations Commission to present a complaint of constructive dismissal against Cordelia Foods Ltd. The hearing, presided over by Adjudicator Kevin Baneham, concluded with the matter adjourned for the adjudicator to consider a decision. Mr Sehleanu alleged that he was forced to work 12 to 13 hours daily, driving up to 900km per day, and was pressured to exceed speed limits to meet delivery deadlines. He claimed he had to relieve himself into a bottle due to a lack of bathroom access and suffered a back injury while lifting flour without proper training. The company denied all claims, stating there was no bottle in the van, no workplace accident occurred, and Mr Sehleanu did not work beyond contracted hours. The company's representative, Rafaella Capolupo, argued that if the alleged speeding texts were true, Mr Sehleanu should be fined. The adjudicator closed the hearing to deliberate on the findings.
2021-12-20 · Wicklow
Brandon Power, aged 23, avoided a custodial sentence for the second time after the Court of Appeal quashed his original one‑year suspended sentence for biting a Garda's finger, which broke the bone. The appellate court, deeming the original non‑custodial term unduly lenient, ordered a re‑sentencing that would give Power a chance to engage with probation services. Court President Mr Justice George Birmingham announced that Power would now receive a three‑year imprisonment term, suspended in full for two years, and warned that failure to cooperate with probation could lead to a jail sentence. The judge described the offence as a "vicious assault" against a Garda performing duties and noted that positive background reports from the Probation Service indicated Power was making a genuine effort to change. Power had previously pleaded guilty to assaulting Garda Trevor Devereux in March 2018 and was sentenced in April 2019.
2021-10-12 · Wicklow
Brandon Power, 22, of St Joseph's Road, Newtownmountkennedy, was sentenced for assaulting Garda Trevor Devereux at Wicklow Circuit Court on 31 March 2018. Power bit the officer's finger during a courtroom struggle, later pleading guilty. Judge Terence O'Sullivan imposed a one‑year sentence suspended for 12 months on 11 April 2019. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Appeal agreed and called for background reports to determine an appropriate sentence. Court President Mr Justice George Birmingham, together with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnelly, were to assess the reports. The case was adjourned to 13 December after a probation report was unavailable. Birmingham warned Power that the matter was very serious, that he must "put his best foot forward," and that a prison sentence was likely even if he cooperated positively with probation. He also cautioned that failure to cooperate could lead to a significantly more severe penalty.
2021-03-15 · Wicklow
In March 2018, Brandon Power, aged 22, assaulted Garda Thomas Devereux in Bray courthouse, biting the officer's finger and breaking the bone. He pleaded guilty in 2019 and received a 12‑month suspended sentence, later deemed unduly lenient by the Court of Appeal. The appeal court postponed re‑sentencing to allow Power to engage with probation services. On 15 March 2021, the Court of Appeal, presided over by Mr Justice George Birmingham, warned Power that a severe penalty would follow if he failed to take advantage of the opportunity offered. The court required regular urinalysis, full cooperation with probation, and attendance at all appointments. It emphasized that any prospect of leniency depends on Power's conduct and that a prison sentence is likely if he does not cooperate. The court gave him one more chance to prove his willingness to comply.
2020-06-12 · Dublin
In a case heard at the Dublin Circuit Criminal Court, William Gregory, aged 35, was sentenced to two years in prison for strangling his then‑partner on 22 January 2017. Gregory, who had been heavily intoxicated that day, became jealous after receiving a text message from another man. He pulled the woman by her hair, pinned her to the floor and wrapped an electric cord from a hair curler around her neck, tightening it until she lost consciousness. During the assault he threatened to kill her and spoke of her "last words" and "leaving in a body bag". The victim suffered bruising to her neck, chest and shoulder, significant weight loss and serious depression. Judge Melanie Greally noted Gregory's significant mental health issues stemming from a brain injury sustained in 2012, an organic personality disorder diagnosed in 2019, and his extreme low mental health in March 2019. William Gregory pleaded guilty.
2019-11-22 · Wicklow
In a case heard by the Court of Appeal on 22 November 2019, Brandon Power, aged 21, was found to have bitten Garda Thomas Devereux's finger so hard that the bone snapped during an incident at the Bray courthouse on 31 March 2018. Power had pleaded guilty to assaulting the Garda and was already being sentenced for a separate matter when he became aggrieved and tried to escape. While being restrained, he bit the Garda's finger, causing the injury. Judge Terence O'Sullivan had originally imposed a wholly suspended one‑year sentence on 11 April 2019. The Court of Appeal, with Mr Justice George Birmingham presiding, declared that sentence "unduly lenient" and ordered a re‑sentencing hearing on 10 March 2020. The court also requested an updated probation report and allowed Power to remain on bail pending the new hearing. The decision does not yet specify a custodial term, but indicates that a custodial sentence may be imposed.
2016-06-21 · Wicklow
An agreement was reached that allows Druids Glen Golf Club Ltd to exit examinership. The club, which owns and operates the Druid's Glen Golf Course, had sought High Court protection after Gulland Property Finance Ltd appointed a receiver over the course following a claim of €4.85 million owed by Lakeford Ltd. The receiver's appointment led to the appointment of interim examiner Mr John McStay. The High Court heard that Druids Glen and Lakeford secured funding through investment from Candarlii Ltd and a €1.8 million loan from AIB, which satisfied Gulland's debt. The club also agreed to pay the interim examiner's costs and has funds to pay all preferential and trade creditors. Consequently, the court agreed to withdraw the examinership petition, and the club, which employs 36 people, will continue to operate the course and its associated facilities.
2016-05-27 · Wicklow
In a High Court hearing on 27 May 2016, Druids Glen Golf Club Ltd sought to replace the receiver appointed by Gulland Property Finance Ltd with an examiner. Gulland, which had acquired a loan from Anglo Irish Bank that had been taken by a related company, claimed it was owed €4.85 million and had appointed a receiver over the 18‑hole championship course at Newtownmountkennedy, Co Wicklow. Druids Glen requested the removal of the receiver and the appointment of Mr John McStay of McStay Luby Accountants as interim examiner for both Druids Glen and the related company Lakeford Ltd. Gulland's counsel, Lyndon MacCann SC, said the examinership would be opposed, while Druids Glen's counsel, Patrick Leonard SC, said the club would consider the objection. The judge adjourned the matter to a June hearing. The course employs 36 people and has hosted Irish Open tournaments and the 2002 Seve Trophy.
2015-11-06 · Wicklow
Ian Waters, 35, of Springfield Heights, Newtownmountkennedy, was sentenced to six years' imprisonment with two years suspended for harassing and threatening two former partners, Orla Sheridan and Amy Tresson, over money. He pleaded guilty to harassing Sheridan with mobile calls and texts from 19 August to 10 December 2013, and to making menacing demands of Tresson between May and July 2014. Waters claimed he was under debt pressure and sought cash from Sheridan, who lent him over €10,000, and from Tresson, who gave him €1,000 after he threatened to drag her from work and kick her in the head. He threatened to shoot or kill both women and their families. Judge Patricia Ryan imposed consecutive sentences totalling six years, suspended two years, and ordered Waters to stay away from Sheridan and her family for twenty years. No prior convictions were recorded.