Court archive

Court reports mentioning Wicklow

2017-10-31 · Wicklow

Judge to direct acquittal in trial of former Anglo exec on conspiracy charges

Judge Martin Nolan of Dublin Circuit Criminal Court intends to direct the jury to acquit Tiarnan O'Mahoney, a former chief operations officer at Anglo Irish Bank, of all charges. The 58-year-old, who pleaded not guilty, was accused of conspiring to destroy, mutilate, or falsify books and documents relating to the bank's property or affairs, and conspiracy to defraud the Revenue Commissioners regarding bogus non-resident accounts potentially liable for Deposit Interest Retention Tax (DIRT). The alleged offences, involving eight accounts connected to former chief executive Sean FitzPatrick, occurred between March 2003 and December 2004. This retrial followed the Court of Appeal quashing O'Mahoney's 2015 conviction in April 2016. Judge Nolan ruled the prosecution's case was "too tenuous" and "too remote" to go to the jury, stating that a conviction would be "perverse" due to a lack of formal evidence linking O'Mahoney to Aoife Maguire, a former assistant manager. Although the judge noted O'Mahoney had insight into the accounts and was instrumental in removing certain staff from the DIRT investigation team, he found the evidence insufficient to prove conspiracy. The judge described Maguire as a "mere conduit" for more powerful voices and acknowledged that FitzPatrick benefited from the account deletions to trade Anglo shares during a prohibited period. The judge praised the Garda investigation but concluded that the jury would be asked to speculate to fill gaps in the evidence. The formal acquittal is scheduled for the following day.

2017-10-23 · Wicklow

Challenge over development of pedestrian and cycle track around Blessington lakes

A high court challenge has been launched by local resident Brian Kingham and Blessington Sailing Club against Wicklow County Council's decision to allow a pedestrian and cycle track around Blessington Lakes. The challenge argues that the council's approval on 3 July 2017 breaches EU requirements for an Appropriate Assessment and fails to meet obligations under the 2000 Planning and Development Act and the EU Habitats Directive. The proposed track, made of crushed stone, would follow the lakeshore and include about 100 new culverts, 18 bridges over larger streams, fencing and minor landscaping. It would also upgrade existing tracks, involving excavation, geotextile membrane installation and a crushed limestone surface layer. The applicants, represented by Michael O'Donnell Bl, seek declarations that the council did not comply with the required assessments and that the development materially contravenes the Wicklow Development Plan. Permission to bring the challenge was granted ex‑parte by Mr Justice Seamus Noonan, who set a return date for December.

2017-10-20 · Dublin

Man convicted for gangland murder brings appeal over seizure of mobile phone data

The Court of Appeal has reserved judgment in an appeal brought by Gary Flynn, who was convicted of the 2009 gangland murder of Seamus Shay O'Byrne in Tallaght. Flynn, who pleaded not guilty at the Central Criminal Court, received a mandatory life sentence in 2016. He is the third person jailed for the crime, following the convictions of Garrett O'Brien, the gunman, and Eugene Cullen, who organised the murder and later died in custody. Flynn's counsel argued that the seizure of mobile phone data was disproportionate and violated human rights laws, claiming gardaí indiscriminately collected devices without adequate justification. Defence also contended that the trial judge failed to properly direct the jury regarding gunshot residue evidence and the prosecution's failure to prove Flynn's knowledge of the killing plan. The Director of Public Prosecutions countered that the phones were linked to the crime and that privacy rights do not extend to devices used for murder. The three-judge panel, comprising Mr Justice Birmingham, Mr Justice Mahon, and Mr Justice Hedigan, heard the arguments and reserved their decision. The matter remains adjourned pending the court's final ruling on the admissibility of evidence and the trial judge's directions.

2017-10-13 · Dublin

Robber jailed for six years for string of armed offences

Noel Reddington, aged 30, was sentenced to six years' imprisonment for a series of armed robberies, some committed while he was on bail. He pleaded guilty to robbery of cash from a bookmakers in Rialto on 17 November 2016, possession of a semi‑automatic handgun during that robbery, robbery of a Spar on Errigal Road in March, and robbery of a Gala the day before. In the Spar incident he was armed with a large knife and shouted, "it's a robbery, give me the money"; the shopkeeper Mark Cahill sprayed an aerosol can at him, after which Reddington fled. Gardaí used Cahill's description to arrest him later that day. Reddington had previously served a sentence for robbery offences and was serving a suspended sentence at the time of the March incidents.

2017-10-12 · Wicklow

Trial opens of former Anglo exec on conspiracy charges

Tiarnan O'Mahoney, 58, former Chief Operations Officer of Anglo Irish Bank, is on trial in Dublin Circuit Criminal Court for conspiracy to destroy, mutilate or falsify records relating to eight bank accounts linked to former chief executive Sean FitzPatrick. He pleaded not guilty to both the record‑alteration charge and a separate conspiracy to defraud the Revenue Commissioners. The alleged offences, dated between 25 March 2003 and 31 December 2004, involved deleting six accounts from the bank's electronic system and disguising two others. The prosecution, led by Dominic McGinn SC, argues that the accounts were part of a scheme to conceal non‑resident accounts exceeding £100,000 from the Revenue during an audit. Witnesses included a former Revenue Principal Officer and a trust and pensions advisor. The trial, presided over by Judge Martin Nolan with a jury of twelve, is expected to last four to six weeks.

2017-10-12 · Wicklow

Waitress who drove man who loved her into harbour has murder conviction upheld

Marta Herda, a 30‑year‑old Polish waitress, was convicted of murder after she drove a Volkswagen Passat into the harbour at Arklow on 26 March 2013, causing the drowning of 31‑year‑old Hungarian passenger Csaba Orsos. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda had pleaded not guilty, arguing that the drive into the water was accidental and that she had no intent to kill. She appealed on 17 grounds, including recklessness, the nature of the driving, assault manslaughter, alleged confessions and the judge's charge to the jury. The Court of Appeal dismissed all grounds, ruling that the trial judge's instructions were clear and that the evidence supported a finding of murder. Herda was described as a Polish national who had lived in Ireland since age 19 and had a limited command of English.

2017-10-09 · Dublin

O'Flynn Capital Partners sue planning board over refusal of Cabinteely development

A company of developer John O'Flynn, O'Flynn Capital Partners, has taken a legal challenge to An Bord Pleanala after the board refused planning permission for a Cabinteely development that would include 34 houses and an access road. The company seeks to have the board's decision of 17 July quashed. The development, which had earlier received permission from Dun Laoghaire‑Rathdown County Council, was appealed by local residents and others. O'Flynn Capital Partners argues that part of the proposed road lies within the Cherrywood Planning Scheme, a zone that the board cannot consider, and that the board's decision about the road outside that zone was made on irrelevant matters and was unreasonable. The company claims it has spent €15 million on land and planning fees and estimates construction costs at €50 million, with the project expected to create 240 jobs.

2017-10-05 · Dublin

Man produced imitation firearm in Pygmalion beer garden

On 2 October 2015, Charles Schlaubitz, aged 45, produced an imitation firearm in the beer garden of the Pygmalion Public House on Coppinger Row. He was wearing army gear, had a can of beer, and pulled a replica gun from his pocket. Garda John Clancy was alerted and found Schlaubitz intoxicated, slurring, and unsteady. He did not conceal the gun, which was in his bag, and was restrained. Schlaubitz was arrested and bailed for a public order offence that did not proceed. Later that day he returned to a pharmacy on Berkeley Road to retrieve toiletries he had purchased for his children. He produced the same imitation handgun, was aggressive, and was asked to leave. The pharmacy staff called Gardaí, who found him semi‑naked in a corridor at his hostel. He was arrested again. Charles Schlaubitz pleaded guilty.

2017-10-02 · Wicklow

Jury sworn in for trial of former Anglo exec on conspiracy charge

A jury of eight women and four men was sworn in for the trial of Tiarnan O'Mahoney, 58, a former Chief Operations Officer at Anglo Irish Bank. He has pleaded not guilty to a conspiracy charge alleging that he conspired to destroy, mutilate or falsify books and documents relating to Anglo Irish Bank's property or affairs between 25 March 2003 and 31 December 2004, involving several named accounts. O'Mahoney, now a business consultant living in Glen Pines, Enniskerry, denies the charge. Judge Martin Nolan of the Dublin Circuit Criminal Court explained that the trial is expected to last four to six weeks and that anyone with an association to the bank or who could not act impartially should not serve. He warned the jury against researching the case online. The prosecution is represented by Dominic McGinn SC and Kerida Naidoo SC, while O'Mahoney's defence is led by Brendan Grehan SC with Lorcan Staines BL and Edward Doocy BL.

2017-07-31 · Wicklow

82-year-old has jail term cut over 1960's abuse of girl

Jack Donohue, aged 82 and from Holdenstown, Baltinglass, Co Wicklow, was convicted in 2017 for indecently assaulting an eight‑year‑old girl between 1968 and 1969. He had originally been sentenced to two years' imprisonment, with the last six months suspended. On appeal, the Court of Appeal found that a larger portion of the sentence should have been suspended because of Donohue's poor health and frailty. The judge noted that the victim had grown up on a farm where Donohue worked and that the abuse involved digital penetration and other sexual contact. Donohue had no prior convictions and was described as a man of good character who lived a quiet, isolated life. The Court re‑sentenced him to two years' imprisonment, suspending the final 15 months, so that 18 months would be served in custody. The decision was made by Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan. Jack Donohue pleaded guilty.

2017-07-27 · Dublin

"Menace to society" jailed for terrfiying burglary on home of woman (77)

Carl Freeman, aged 22, was sentenced to five years' imprisonment, back‑dated to January, for an aggravated burglary at a 77‑year‑old Dublin woman's home in Tallaght on 12 March 2013. The court noted the victim was left severely traumatised, fearing for her life and subsequently never returned to the house, now living with her daughter. Freeman pleaded guilty to the burglary and had 62 prior convictions, including dangerous driving, burglary and assault. The judge described him as a "menace to society" and imposed a five‑year term, with the court's decision reflecting the serious impact on the victim. The burglary involved the theft of jewellery, a TV, cash and other items, and the perpetrators used a stolen Audi A4 to escape. Freeman's defence highlighted his family's support and his history of drug abuse and ADHD. The court accepted his guilty plea as a genuine benefit to the victim.

2017-07-27 · Dublin

Prisoner collected social welfare, fathered child while on the run

The Court of Appeal has allowed the State's appeal, setting aside a High Court judgment that had declared the 2014 arrest of Mark Finnegan unlawful. Finnegan, a resident of Tallaght, was convicted in November 2008 of allowing himself to be carried in a mechanically propelled vehicle without the owner's consent. He was sentenced to 16 months' imprisonment on May 27, 2009. After serving two months in Wheatfield Prison, he was transferred to Shelton Abbey open prison, from which he escaped on October 31, 2009. He remained at large until his arrest in November 2014, during which time he collected social welfare and fathered a child. Mr Justice John Hedigan, writing for the court, stated that the delay in his recapture was attributable to a human error by authorities who failed to enter his absconding details into the Garda PULSE system, preventing nationwide notification. The judge described Finnegan's conduct as a "protracted evasion of justice" and "simply ignoring" his lawful sentence. The court found that the arrest and detention were in accordance with law, noting that the role of gardaí is to catch escapees and hand them to prison authorities. The appeal was allowed, and Finnegan faces a return to prison to complete his sentence. However, lawyers for the State undertook not to arrest him if his solicitor lodges a Supreme Court appeal.

2017-07-25 · Wicklow

Alleged Silk Road administrator brings Supreme Court appeal against US extradition

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.

2017-07-25 · Dublin

"Talented underage footballer" cycled around Dublin snatching phones from women

Brandon Cumberton, 19, was sentenced to 18 months in prison, with nine months suspended for one year, after pleading guilty to four phone thefts in Dublin. The court heard he cycled around the city, snatching phones from women while intoxicated, and later apologized to some victims. He had eight prior convictions for minor theft. Judge Karen O'Connor noted the premeditated nature of the offences and the fact all victims were women. Cumberton cooperated with Gardaí, claimed no violence was used, and was described by his defence as a "talented underage footballer" who had played for Belvedere College and Hardwick FC. The judge warned him he could either move past his offending or face significant time in custody. No phones were recovered.

2017-07-25 · Dublin

Suspended sentence for man who repeatedly threatened ex-partner weeks after attacking her

Neven Vukovic, 40, received a suspended three‑year sentence for assault causing harm to his ex‑partner Fionnuala Ní Mhartín after a September 2015 attack at her Dublin home. Vukovic had previously pleaded guilty to assault and had a prior conviction for cannabis possession in Croatia. The assault involved punches and kicks, including a full‑force punch to the eye, resulting in a fractured eye socket and other injuries. Following the attack, Vukovic repeatedly threatened and harassed Ní Mhartín via text and Facebook, sending messages that included threats of violence and death. The court imposed a 30‑year prohibition on any contact with Ní Mhartín and ordered Vukovic to stay away from her. He has since completed anger‑management and counselling courses. The judge noted his remorse and lack of prior violent convictions. The sentence was suspended for three years.

2017-07-19 · Wicklow

Waitress did not deliberately drive "man who loved her" into deep harbour, murder appeal lawyers submit

Marta Herda, a 30‑year‑old Polish waitress, was convicted of murder after she drove a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Hungarian man Csaba Orsos. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda escaped through the driver's window, but Orsos's body was recovered on a nearby beach. A post‑mortem confirmed drowning as the cause of death, not injuries from the crash. Herda's defence argued the incident was an accident, citing her lack of intent, language barriers, and the absence of evidence of deliberate action. The prosecution maintained that she deliberately drove into the water, knowing Orsos could not swim. The Court of Appeal has reserved judgment on her appeal, which challenges the conviction on grounds of recklessness, alleged confessions, and the judge's instructions to the jury. Marta Herda pleaded not guilty.

2017-07-18 · Wicklow

Waitress who drove "man who loved her" in to harbour appeals murder conviction

Marta Herda, 30, of Arklow, appealed her murder conviction after driving a Volkswagen Passat into a harbour on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos, who could not swim. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda's appeal argues that the driving was not deliberate, that the prosecution's case relied on alleged confessions and circumstantial evidence, and that the trial judge failed to properly charge the jury on recklessness or intent. She contends that her statements to Gardaí were misrecorded, that she did not intend to kill, and that the prosecution's theory of a pre‑meditated execution is far‑fetched. The appeal seeks a reconsideration of the conviction on these grounds. Marta Herda pleaded not guilty.

2017-07-13 · Dublin

Palestinian man is jailed for stabbing ex-wife in front of 4-year-old daughter

Kassem Hamdam, 30, was sentenced to three and a half years' imprisonment with the final nine months suspended for assault causing harm and production of a weapon after he repeatedly stabbed his ex‑wife in front of their four‑year‑old daughter. The incident occurred on Blessington Street, Dublin 7, on 23 August 2015. Hamdam pleaded guilty at Dublin Circuit Criminal Court. He claimed he had wanted the woman to be left with a permanent scar and said he could not leave his child "with this bitch". He told Gardaí that the woman had "fucked my life" and that the relationship had ended because she was jealous and did not like him drinking. The court noted that Hamdam had been brought to a Lebanese refugee camp as a six‑year‑old, witnessed daily shootings and detonations, and had been diagnosed with post‑traumatic stress disorder after arriving in Ireland in 2006 to seek asylum.

2017-07-04 · Dublin

Repeat sex offender with convictions for "sacrilege" and "buggery of an animal" broke court order

Anthony Goodman, 72, a convicted sex offender with a history of sacrilege and buggery of an animal, breached a court order by travelling on public transport without notifying Gardaí. In 2012, a Cork Circuit Criminal Court order prohibited him from attending certain locations and from using public transport except one local bus route unless he gave two hours' notice. In 2015, Goodman failed to give notice before boarding buses on Westmoreland Street and to Enniskerry, leading to his arrest on 3 September 2015. He has remained in custody since. Judge Elma Sheahan backdated a two‑and‑a‑half‑year sentence to September 2015, suspended the final eight months, and structured the sentence so the suspended portion benefits him. Goodman has over 200 prior convictions, including sexual assault, electrical diversion, animal buggery, sacrilege, and previous transport violations. He was removed from the sex offenders register on 29 June after five years on it. Anthony Goodman pleaded guilty.

2017-06-27 · Dublin

Secrecy of jury deliberations a "hallmark of our criminal legal system"

In a 2017 Court of Appeal decision, the appeal of Garrett O'Brien, convicted of murdering Seamus O'Byrne, was dismissed. O'Brien, aged 40, had pleaded not guilty to the 2009 killing of the 27‑year‑old father‑of‑two at his home in Tallaght. A jury at the Central Criminal Court found him guilty and imposed a mandatory life sentence. The appeal argued that the jury's failure to provide reasons for its verdict breached O'Brien's fair‑trial rights. Justice Alan Mahon upheld the conviction, stating that Irish law does not require juries to explain their deliberations and that such a request would be impractical. He noted that the jury's verdict was clear and that the prosecution's case identified O'Brien as the gunman, a fact that was not disputed by the evidence presented. The Court found no procedural error and confirmed the legality of O'Brien's arrest and trial.

2017-06-22 · Dublin

No jail for convicted killer who threatened to burn down charity worker's home

Mark Bissett, 31, was sentenced at Dublin Circuit Criminal Court after pleading guilty to making a threat to damage Michael Maher's house. The incident occurred on May 27, 2016, at Central Bank Plaza, Dame Street, where Bissett allegedly threatened to burn down Maher's home. Bissett, who previously served a six-year sentence for manslaughter, was reportedly angry that Maher's charity, "You're not alone," was assisting a relative with whom he had fallen out. Judge Karen O'Connor imposed a two-year sentence, which she suspended on strict conditions. The judge described the behavior as disgraceful and warned Bissett that he faced two years in prison if he reoffended. She ordered him to stay away from the charity, Mr. Maher, and his home. Bissett has 60 previous convictions, including assault and public order offences. Defense counsel submitted that Bissett had significantly turned his life around and addressed risk factors related to substance misuse. The court noted Bissett remains at high risk of re-offending and ordered him to be brought back before the judge if further trouble arises.

2017-06-21 · Dublin

"Keystone Cops": garda decisions at Jobstown protest "unwise and inappropriate", defence say

The trial of six men accused of falsely imprisoning former Tánaiste Joan Burton and her adviser Karen O'Connell at Fortunestown Road, Jobstown, Tallaght, on November 15, 2014, has heard closing arguments. Solidarity TD Paul Murphy, Councillor Michael Murphy, Councillor Kieran Mahon, Frank Donaghy, Michael Banks, and Scott Masterson have all pleaded not guilty to the charges. Defence counsel for Councillor Michael Murphy argued that gardaí decisions were "unwise and inappropriate," claiming police failed to negotiate early and that video footage disproved prosecution evidence. He stated his client attempted to de-escalate the situation. Counsel for Councillor Kieran Mahon described his client as a political activist who did not use force or threaten violence, arguing that fear caused by violent disorder from others, not his actions, prevented the women from leaving. He criticized the arrest of his client as an abuse of power. The prosecution countered that Councillor Murphy interfered with gardaí and acknowledged the women were not free, while Councillor Mahon returned to the scene and participated in the sit-down protest. The trial continues before Judge Melanie Greally.

2017-05-25 · Wicklow

ODCE seeks access to transcripts of Sean FitzPatrick trial

Lawyers for the Director of Public Prosecutions requested that the Office of the Director of Corporate Enforcement (ODCE) be given access to the transcripts of the Sean FitzPatrick trial. The trial, which lasted 127 days, ended with Judge John Aylmer directing an acquittal on all charges after heavily criticising the ODCE investigation. Mr FitzPatrick, aged 68 and from Greystones, had denied misleading Anglo's auditors about multi‑million euro loans linked to him and his family. ODCE staff were largely excluded from the extensive legal argument that characterised the trial. Dominic McGinn SC informed the judge that the DPP already possessed the transcripts and could liaise with the ODCE. Judge Aylmer said the court had no objection to the ODCE receiving the documents, noting they were a public record. The ODCE announced it would prioritise a report on the trial's collapse and seek the transcripts to aid that work. Sean FitzPatrick pleaded not guilty.

2017-05-24 · Wicklow

Former Anglo chairman will not face any more criminal charges

Sean FitzPatrick, former chairman of Anglo Irish Bank, was acquitted of all 27 charges in a 127‑day trial at Dublin Circuit Criminal Court. Judge John Aylmer directed the jury to acquit, citing insufficient evidence and procedural shortcomings in the Office of the Director of Corporate Enforcement's investigation, including document shredding and witness coaching. The prosecution had alleged that FitzPatrick misled auditors about multi‑million‑euro loans linked to him and his family, and had concealed the full extent of these loans. The charges included 22 counts of misleading auditors and five of furnishing false information between 2002 and 2007. Earlier, nine charges were withdrawn for lack of evidence. No further criminal proceedings remain against FitzPatrick. Sean FitzPatrick pleaded not guilty.

2017-05-16 · Dublin

Thief swiped hot pants from back of delivery truck

Noel Dempsey, 61, was sentenced to 14 months in prison after pleading guilty to stealing four boxes of women's clothing, valued at €1,988, from the back of a delivery truck on Wicklow Street, Dublin, on 13 August 2013. Garda Joseph Heaphy reported that the lorry's tail lift had been tampered with and that CCTV footage identified Dempsey as one of two men who removed the boxes and drove away in a van linked to him. The van was found at Dempsey's home, where the stolen items were recovered. Dempsey's 99 prior convictions included 27 theft offences and 67 road traffic offences. Judge Karen O'Connor cited his health conditions, guilty plea, and bereavement as mitigating factors, noting that without them she might have imposed a two‑and‑a‑half‑year sentence. He has been in custody since January 2017 and was scheduled for release in February.

2017-05-16 · Dublin

"Renowned" former equestrian manager who spent 11 years on the run is jailed for having €6m in cannabis

Raymond Molloy, a 55‑year‑old former equestrian centre manager, was sentenced to six and a half years in prison for possessing over €6 million worth of cannabis resin. Molloy had spent 11 years on the run, living and working on the Isle of White, before being extradited to Ireland. Gardaí stopped a van he drove in Coolock during a surveillance operation, seizing 498 kg of cannabis resin. He pleaded guilty to possession of drugs for sale or supply on 16 August 2002. The court noted that Molloy had no prior convictions and was not a member of a criminal enterprise. He had been pressured by associates to transport the drugs, and he claimed he was threatened with harm to his horse if he did not comply. The judge acknowledged his early guilty plea and cooperation but imposed the custodial sentence for the serious nature of the offence.

2017-05-15 · Wicklow

Priest who raped boy he'd paid to do gardening is jailed

Denis Nolan, a former priest aged 64, was sentenced to eight years in prison for six counts of oral rape, defilement and sexual assault of a boy aged 10‑11 between 2005 and 2006. He had previously been convicted of sexually abusing another child in 2006 and was defrocked. The court found Nolan had groomed the victim by offering garden work and paying him €10‑€15, later increasing the amount after abuse began. He made inappropriate remarks about puberty, encouraged online sexual content, and progressed to fondling, oral rape and assault in his home, the presbytery and a car. The final rape in the presbytery caused injury requiring surgery. The victim, now 24, suffered PTSD, anxiety, depression and ongoing health problems. Nolan will serve his sentence concurrently with a four‑year post‑release supervision order. The case was prosecuted by Conor Devally SC and defended by Conor McKenna BL. The sentence was imposed by Mr Justice Patrick McCarthy.

2017-05-12 · Cork

Student secures freezing order on monies held for teen who assaulted him

In a High Court hearing on 12 May 2017, William Thompson secured a temporary freezing order over €30,000 that had been awarded to Kevin Buckley, a teenager who assaulted Thompson on 24 August 2016 in Cork city centre. Thompson, a University College Cork student, was knocked to the ground and repeatedly kicked, sustaining injuries including a fractured eye socket. Buckley had previously pleaded guilty to assaulting Thompson and to false imprisonment of a woman, for which he was sentenced to four years' detention and is currently incarcerated. The €30,000 award, lodged in court for Buckley's benefit until he turned 18, was to be released to him after that date. Thompson's lawyers argued that the only way he could enforce a damages award against Buckley is to have the court‑lodged monies frozen until his personal injuries claim is decided.

2017-05-09 · Wicklow

Court rules quarry company must cease works at Dublin mountains site

The Court of Appeal ruled that Shillelagh Quarries Ltd must stop all quarrying works on a 3.27‑hectare area of its 25‑hectare site near Brittas, Co. Dublin, on the north‑facing slope of Butter Mountain, a 465‑metre peak. The site lies within an area of exceptional public amenity and close to two Special Areas of Conservation. The court upheld a High Court order that required the company to cease works by the following Friday and confirmed a two‑month stay on the cessation, allowing the firm to seek to regularise its planning status and give employees notice to find alternative work. The appeal concerned only the length of the stay, not the substantive finding that the quarrying was unauthorised. The court found the company had continued commercial activity despite a 2010 refusal of planning permission, creating a discordant landscape in a protected area. The ruling was made by Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan.

2017-05-08 · Wicklow

Priest raped and sexually abused young boy he'd paid to do gardening

A 64‑year‑old former priest, who has been defrocked, is set to be sentenced for raping and sexually assaulting a boy he paid to work in his garden in County Wicklow between January 2005 and September 2006. The boy, who was about 13 at the time, was paid €10–€15 for gardening work, a sum that rose after the abuse began. The priest first made inappropriate remarks about the boy's puberty, then fondled him, and later carried out oral rape and sexual assault in the priest's bedroom, a presbytery, and a car. The final rape in a presbytery caused injury that required surgery and left the boy with ongoing health problems. The boy, now 24, has suffered post‑traumatic stress disorder, anxiety, depression and panic, and has expressed feeling "almost impossible" to live. He reports difficulty holding a job, avoiding social events, and feeling he does not fit in. The unnamed 64-year-old was found guilty.

2017-05-04 · Dublin

Unknown whether murderer was convicted of being gunman or "gopher", lawyers submit

In 2012, Garrett O'Brien, 39, was convicted of murder and sentenced to life imprisonment for the killing of Seamus O'Byrne, 27, in Tallaght. O'Brien's lawyers argue that his fair‑trial rights were violated because the jury never clarified whether he was found guilty as the gunman or merely a "gopher" in a joint enterprise. They claim the prosecution presented a dual case—first as a joint enterprise, then as a triggerman—creating a procedural flaw. The appeal, lodged in the Court of Appeal, contends that if the jury had reasonable doubt about O'Brien's role as the gunman, he should have been acquitted. The defense also challenges the judge's directions regarding the necessity of a search warrant and the legality of data obtained from a third‑party subcontractor. The prosecution maintains that all evidence pointed to O'Brien as the gunman and that the jury's lack of specificity should not affect the conviction. The Court of Appeal has reserved its decision. Garrett O'Brien pleaded not guilty.

2017-04-28 · Wicklow

Prosecution completes case in longest running criminal trial in State's history

On day 115 of Ireland's longest criminal trial, the prosecution declared its case complete in the trial of former Anglo Irish Chairman Sean FitzPatrick, aged 68. FitzPatrick admitted to taking multi‑million euro loans from the bank and his family, which were "artificially reduced" for two weeks around the bank's year‑end statement by short‑term loans from other sources, including Irish Nationwide Building Society. He denied seeking to conceal the loans from the board, shareholders or auditors, claiming the refinancing was done by others and he merely signed off. FitzPatrick said there was no financial benefit to him, his family or the bank and that the refinancing was intended to avoid a misleading picture. He pleaded not guilty to 27 offences under the 1990 Companies Act, including 22 charges of misleading auditors and five of furnishing false information between 2002 and 2007. The jury was instructed to return on 11 May.

2017-04-26 · Wicklow

Action over alleged "noxious smells" adjourned

In a High Court case, Michael and Edel Mulvihill of Co Wicklow sued several companies linked to the Ballynagran landfill, alleging that noxious fumes from the site forced them to abandon their home after nearly 25 years of residence. They also claimed damage from floods in 2006 and 2008, attributing the 2008 flood to landfill activities. The defendants, including Ballynagran Landfill Ltd, Grunberg Ltd, and various Greenstar entities, denied the allegations and argued the claims were time‑barred. The case, heard by Ms Justice Carmel Stewart, was adjourned after a brief hearing, with a further adjournment to January 2018 to allow the parties to finalize a confidential agreement. The Mulvihills currently live two miles away in a small wooden chalet without running water, citing ongoing odor problems and health concerns from the landfill fumes. The defendants did not contest the claim against Starrus ECO Holding Ltd.

2017-04-24 · Wicklow

Prosecution case against former Anglo chairman to finish this week

The prosecution case against former Anglo Irish Bank chairman Sean FitzPatrick, aged 68, is set to finish this week after a protracted trial that began in September 2016. The trial, held in the Dublin Circuit Criminal Court, was delayed by weeks of legal argument and the absence of a jury, with evidence only presented in December. In February the case reached its 90th day, longer than any other criminal trial. The prosecution alleges that FitzPatrick and his family artificially reduced multi‑million euro loans for two weeks around the bank's year‑end by taking short‑term loans from other sources, including Irish Nationwide Building Society, and failed to disclose these to auditors between 2002 and 2007. FitzPatrick denies all charges. He has pleaded not guilty to 27 offences under the 1990 Companies Act, including 22 charges of misleading auditors and five of furnishing false information.

2017-04-12 · Louth

Jahiri flanked by riot police as jury finds him guilty of murdering mum-of-two

In a Central Criminal Court hearing, Vesel Jahiri was found guilty by a unanimous jury of murdering his former partner Anna Finnegan, aged 25, and of assaulting her brother Karl Finnegan. The trial, lasting eight weeks, included testimony that Jahiri had threatened Finnegan on a phone call and that he stabbed her in her own home on 21 September 2012. Witnesses described a violent confrontation in which Jahiri forced the door, stabbed Finnegan and Karl, and fled in his car. Jahiri represented himself, was removed from court multiple times, and was escorted by riot police when the verdicts were announced. The judge set a sentencing date for 8 May, remanded Jahiri in custody, and thanked the jury for their service. The case concluded with the jury's decision and the court's adjournment for sentencing. Anna Finnegan pleaded not guilty. Vesel Jahiri pleaded not guilty.

2017-04-05 · Wicklow

Court dismisses injunctions sought over golf course lands

The High Court has dismissed an application by a businessman seeking injunctions to regain control of a golf course property in County Wicklow from a court-appointed receiver. Ms Justice Caroline Costello ruled on Wednesday that the applicant had failed to establish a credible case for trial or demonstrate that financial compensation would be inadequate. The judge found that granting the injunctions would undermine the receivership process. The dispute centres on 126 acres at Coolnaskeagh, Delgany, which form the basis of the golf club business. The defendant fund had appointed a receiver following the applicant's failure to meet a demand for €1.65 million on mortgage arrangements originally entered into with a bank in 2003, 2005, and 2008. The loans were later acquired by the fund in 2015. A property in County Roscommon was among the assets secured against the loans. The case has been adjourned to a date following the Easter recess.

2017-04-05 · Wicklow

Store manager tapped into dormant customer accounts to steal over €10k

Noel Carroll, a 27‑year‑old Xtravision store manager, stole €10,025 from dormant customer accounts between December 2013 and June 2015. He created a €10,025 gift card, deposited it in a savings account, and withdrew the cash. He also issued vouchers to purchase a television, laptop, and computer from Xtravision branches. An auditor noticed unusual batch refunds from dormant accounts, leading to investigation and discovery of the theft. Carroll pleaded guilty at Dublin Circuit Criminal Court. Judge Cormac Quinn described the offence as a serious breach of trust but noted Carroll's good character and full admissions. He was sentenced to 18 months' imprisonment, which was fully suspended on strict conditions after a probation report indicated a low risk of re‑offending. Carroll repaid the company in full with a loan from his parents, and his father described him as withdrawn and depressed following the incident.

2017-04-03 · Dublin

Murder accused taped conversation with social worker, trial hears

In a Central Criminal Court hearing, the 35‑year‑old Vesel Jahiri, who has pleaded not guilty to the murder of his former partner Anna Finnegan (aged 25) and the assault of her brother Karl, was found to have recorded a conversation with social worker Karen Byrne on the day of the alleged attack. The prosecution presented a transcript of the audio, noting that Jahiri had a recording device in his pocket and had captured the entire meeting, yet Byrne claimed the tape was doctored and omitted her statement that Jahiri had threatened to kill Finnegan. Byrne had been present at a meeting with Finnegan and Jahiri on 21 September 2012, after a referral from the Bray Women's Refuge, and had made a statement to the Gardaí attributing certain comments to Jahiri. The trial, presided over by Mr Justice Paul Coffey, continues with a jury of nine men and two women.

2017-03-31 · Wicklow

Woman to appeal murder conviction for driving man into harbour where he drowned

Marta Herda, a 29‑year‑old woman from Arklow, drove a 31‑year‑old Hungarian man, Csaba Orsos, into a deep harbour where he drowned. The incident occurred on 26 March 2013 when Herda drove her Volkswagen Passat through the crash barriers at South Quay, Arklow, before 6 a.m. The Polish waitress, who was with Orsos, escaped through the driver's window, but Orsos's body was found on a nearby beach later that day. A post‑mortem found he died from drowning, not from injuries related to the crash. Herda pleaded not guilty, but a jury at the Central Criminal Court found her guilty of murder and she received a mandatory life sentence on 28 July 2016. She has lodged an appeal and a hearing is scheduled for 18–19 July 2024, with the expectation that the appeal will take two days of hearing. The case management hearing was held without Herda present.

2017-03-29 · Dublin

Anna Finnegan texted murder accused that she wanted to feel "safe without some animal beating and bullying" her, jury hears

Anna Finnegan sent text messages to her former partner, Vesel Jahiri, who is accused of murdering her, saying she did not want to see him again and wanted to feel "safe without some animal beating and bullying" her. The Central Criminal Court jury heard that the texts were sent between 8 and 14 September 2012, with Finnegan describing Jahiri as a "control freak" and a "fucking drug dealer" and stating she had "had enough" and would change her number and the locks on their home. Jahiri denied sending the texts and claimed they were from Finnegan's sister and cousin. The jury also heard that a letter written by Finnegan, found in a handbag in the kitchen of Allendale Glen, alleged that Jahiri had beaten her and almost killed her. The trial continues before Mr Justice Paul Coffey and a jury of nine men and two women. Anna Finnegan pleaded not guilty.

2017-03-29 · Wicklow

Trial of former Anglo chairman will run into May, judge tells jury

The trial of former Anglo Irish Bank chairman Sean FitzPatrick, who is 68, is scheduled to continue into May. It began in September in the Dublin Circuit Criminal Court and was expected to finish by Christmas, but delays from legal arguments and the jury's absence pushed it back. The jury returned in December to hear evidence, and the trial is now on day 106. The prosecution alleges that FitzPatrick and his family artificially reduced multi‑million euro loans for two weeks around the bank's year‑end by taking short‑term loans from other sources, including Irish Nationwide Building Society, and failed to disclose these to auditors between 2002 and 2007. FitzPatrick denies all charges. He faces 27 offences under the 1990 Companies Act, including 22 for misleading auditors and five for furnishing false information.

2017-03-28 · Dublin

Deceased mum wrote that murder accused beat her and made life "hell", jury hears

In a Central Criminal Court trial, Anna Finnegan's letter to her former partner, Vesel Jahiri, was presented to a jury. The letter, found in her handbag, described how Jahiri had beaten her, made her life "hell," and had almost killed her on several occasions. Finnegan, aged 25, had moved to Bray Women's Refuge with her two children before the letter was written. Jahiri, 35, pleaded not guilty to her murder and to assaulting her brother, and now represents himself. The prosecution highlighted that Jahiri had received protection, barring, and safety orders, and that the letter revealed his possessive, controlling, and jealous behaviour. The case, overseen by Mr Justice Paul Coffey, continues before a jury of nine men and two women.

2017-03-28 · Dublin

Sentencing delayed over previous convictions of driver who caused death of best friend

Kevin McCarthy, aged 23, pleaded guilty to dangerous driving causing the death of 21‑year‑old Thomas Carroll on the N81 near Brittas on 29 May 2014. The sentencing hearing was delayed because the court may not have received a complete record of McCarthy's 73 prior convictions, including 14 for failing to produce insurance proof and 18 for failing to produce a licence. Prosecutor Diarmuid Collins requested time to obtain a full record, citing possible incomplete or inaccurate information. McCarthy, who was 20 at the time of the crash, drove the vehicle at an estimated 100‑120 km/h, although the speed limit was 60 km/h. The crash involved the car flipping twice and spinning about ten times before stopping on the wrong side of the road. McCarthy expressed remorse, stating he had no intention to harm anyone and that Thomas was a best friend.

2017-03-24 · Wicklow

Webster guilty of murdering Anne Shortall

Roy Webster, aged 40 of Ashbree, Ashford, County Wicklow, was found guilty of murder by unanimous jury verdict at the Central Criminal Court on 24 March 2017. The victim, Anne Shortall, aged 47, died from injuries sustained at The Murrough near Wicklow Town on 3 April 2015. Justice Patrick McCarthy imposed a life sentence, backdated to 7 April 2015. The court heard that Webster struck Ms Shortall repeatedly with a hammer after she threatened to disclose a previous encounter to his wife. He subsequently restrained her with duct tape before transporting her body in his van. Webster initially provided a false account to gardaí, claiming he had released Ms Shortall at The Murrough. He later confessed to his wife in the presence of Detective Sergeant Fergus O'Brien, revealing the body's location in his workshop. The defence argued provocation as mitigation, which would reduce the charge to manslaughter. The jury rejected this, finding Webster acted with knowledge and intent to kill or cause serious injury.

2017-03-23 · Dublin

Murder accused told gardai there was no point in living if former partner was dead

During the fourth week of the 35‑year‑old Vesel Jahiri's trial, the court heard that he had told Gardaí there was no point in living if his former partner, Anna Finnegan, was dead. The video interview, shown to a Central Criminal Court jury, revealed that Jahiri, originally from Kosovo and now self‑represented, had no problem with Finnegan but claimed a problem with her sister and husband, who allegedly urged her to go to a refuge. Jahiri said he did not stab Finnegan and described the killing as a "bad accident." He also stated he could not cry, citing the loss of his mother and sister. Jahiri denied seeing Finnegan bleeding and claimed no blood was found in his car after driving her to hospital. The trial, presided over by Mr Justice Paul Coffey, continues with a jury of nine men and two women, one of whom was discharged due to illness. Vesel Jahiri pleaded not guilty.

2017-03-23 · Wicklow

Roy Webster murder trial jury ask to re-hear Pathologist's evidence

The jury in the Roy Webster murder trial will return to the Central Criminal Court to continue deliberations after spending just over six hours considering their verdict. Webster, 40, pleaded not guilty to murder but guilty to manslaughter of Anne Shortall, 47, at The Murrough, Co Wicklow. The State rejected his plea. At the jury's request, Justice Patrick McCarthy re‑read State Pathologist Professor Marie Cassidy's evidence and read a statement by Dr Stephen Clifford of Forensic Science Ireland.

2017-03-23 · Dublin

Victim's fiancee tells court of changing wedding bouquet into wreath as murderer is jailed for life

In a Central Criminal Court hearing, Thomas O'Connor, 29, was sentenced to life imprisonment for the murder of John O'Brien, 22, who was bludgeoned to death with a rock on 4 June 2010. O'Connor had pleaded not guilty to murder but guilty to manslaughter. The victim impact statement, read by Detective Sergeant Eamon O'Neill, described how O'Brien's fiancée, Alice O'Brien, had to replace her wedding bouquet with a wreath after the fatal attack. The statement also recounted the couple's wedding plans, the couple's drinking together before the incident, and O'Connor's attempts to destroy evidence by scrubbing his hands and burning his hoodie. O'Connor's counsel, Feargal Kavanagh SC, acknowledged his client's remorse. The sentence was back‑dated to 5 June 2010. The hearing highlighted the personal loss suffered by O'Brien's family and the impact of the crime on the community. Thomas O'Connor was convicted.

2017-03-22 · Wicklow

Roy Webster trial jury re-hears woman's statement

The jury at the Roy Webster murder trial has reheard the statement of Carmel Phibbs, a friend of the accused's wife, after she was present at the Webster home on the afternoon Anne Shortall was killed. Mr Webster, 40, from Ashbree, Ashford, Co Wicklow, pleaded not guilty to murder but guilty to manslaughter of Shortall, 47, at The Murrough on 3 April 2015. The State did not accept his plea. The jury, after a 3½‑hour deliberation, will return tomorrow with the hammer alleged to have been used in the killing.

2017-03-21 · Wicklow

Roy Webster "lost all self control" when he beat woman to death with hammer, defence tell jury

Roy Webster, 40, of Ashbree, Ashford, Co Wicklow, pleaded not guilty to murder but guilty to manslaughter for the death of Anne Shortall, 47, on Good Friday 3 April 2015 at The Murrough, Co Wicklow. His defence barrister, Brendan Grehan SC, told the jury that Webster had not planned the attack and had no attempt to conceal it. Grehan described Webster's actions as a loss of self‑control rather than a premeditated crime, noting that Webster had tied Shortall's wrists with duct tape and wrapped tape around her head after she was already dead, an act he could not explain. Webster had driven Shortall to The Murrough in his van, then brought her body home to his workshop, where he kept it for four days before admitting the crime to his wife and the Gardaí. The jury was instructed to decide whether Webster was guilty of murder or manslaughter, with deliberations to continue the next day.

2017-03-20 · Wicklow

"Self pity" in Roy Webster statements to gardai, prosecution tell jury

In a 2017 murder trial, Roy Webster, aged 40, pleaded not guilty to murder but guilty to the manslaughter of Anne Shortall, aged 47, who died on 3 April 2015 after Webster struck her nine times with a hammer. Prosecutor Paul Greene SC argued that Webster's statements to Gardaí after confessing to the killing displayed a "degree of self‑pity," noting that Webster had delayed revealing his involvement until 7 April, lying to Shortall's daughters and to Gardaí over several days. Greene highlighted Shortall's financial difficulties and alleged threats she made to Webster's wife. He described Webster's post‑attack conduct—returning home, drinking, watching television, and later moving the body to his workshop—as evidence of a clear intention to kill. Greene urged the jury to disregard sympathy and find that Webster intended to kill or cause serious injury, thereby supporting a murder conviction. The case was set for trial at the Central Criminal Court.