Court archive

Court reports mentioning Wicklow

2017-01-17 · Wicklow

Trial hears former Anglo chairman borrowed millions to invest in hotels, oil refineries

The trial of former Anglo Irish Bank chairman Seán FitzPatrick, aged 68, heard that he borrowed millions from 2002 to 2007 to invest in hotels, property syndicates and oil refinery projects. The State alleged that the loans taken by FitzPatrick, his wife Triona and family members rose from about €10 million in 2002 to roughly €100 million in 2007, and that the amounts 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. FitzPatrick pleaded not guilty to 27 offences under the 1990 Companies Act, including 22 charges of misleading auditors and five charges of furnishing false information between 2002 and 2007.

2017-01-17 · Wicklow

Senior insurance official is jailed over €220k fraud after DPP appeal

Naila Zaffer, a 38‑year‑old former senior claims official at IPB Insurance, was sentenced to eight months' imprisonment after a Court of Appeal found her earlier two‑and‑a‑half‑year suspended sentence too lenient. Between April 2007 and August 2012, Zaffer defrauded her employer of €220,000 by forging insurance claims, adding an extra claim to policies paid out by IPB. She had pleaded guilty to ten counts of using a false instrument, theft and attempted theft. The original Circuit Court judge noted the money was not recovered and questioned the need for imprisonment. The appellate court, led by Mr Justice Alan Mahon, upheld the headline sentence but suspended all but eight months, citing her cooperation, guilty plea, remorse, lack of prior convictions, psychological vulnerability and efforts to address addiction. She was required to enter a good‑behaviour bond for the suspended period.

2017-01-16 · Wicklow

Former Anglo official "surprised" external auditors never queried refinancing of bank's loans, court hears

Sean FitzPatrick, 68, of Greystones, Co Wicklow, is on trial at Dublin Circuit Criminal Court, where he has pleaded not guilty to 27 alleged offences under the 1990 Companies Act. The State alleges he failed to disclose the extent of multi-million euro loans linked to him between 2002 and 2007, including 22 charges of making misleading statements to auditors and five charges of furnishing false information. Testimony from former Anglo Irish Bank financial controller Cyril Boyd stated he was surprised external auditors never queried the annual refinancing of FitzPatrick's loans using funds from Irish Nationwide Building Society (INBS). Boyd described the practice as common knowledge, noting that quarterly reports to the Central Bank disclosed total director loans, which would show a drop in the final quarter when refinancing occurred. The prosecution contends the loan amounts were artificially reduced for two weeks around the financial year-end. Witness Alan Dukes testified that FitzPatrick told the board in December 2008 he was resigning principally over the loan refinancing issue, claiming the loans were on commercial terms. Former INBS chairman Michael Walsh stated the refinancing was good business and that INBS reported the loans to the financial regulator. The trial is ongoing.

2017-01-13 · Wicklow

Repayment of multi-million euro Sean FitzPatrick loans "no secret", trial hears

The trial of former Anglo Irish Bank chairman Sean FitzPatrick, aged 68, is hearing evidence that the multi‑million euro loans he took out between 2002 and 2007 were paid by another bank before the end of Anglo Irish Bank's financial year. FitzPatrick is charged with 27 offences under the 1990 Companies Act, including 22 counts of misleading auditors and five counts of furnishing false information. Evidence from Joe McWilliams, who became lending director in 2006, shows he co‑signed several loans for FitzPatrick and family members from 2006 to 2007. The court reviewed ten credit committee application forms approving loans up to just over €100 million, and noted that by November 2007 FitzPatrick had drawn down €103 million with a limit raised to €120 million. Sean FitzPatrick pleaded not guilty.

2017-01-13 · Wicklow

Edible insects businessman jailed over professional shoplifting scheme

Anthonie Van Wilderoden, a 44‑year‑old Dutch national living in Wicklow, was sentenced to two years' imprisonment for a professional shop‑lifting scheme. He operated a business called Eddiebug that sold edible insects and also directed a chocolate‑making company. Van Wilderoden admitted to placing online adverts on the Donedeal website for household goods, then stealing the items from stores such as Arnotts, Curries and Harvey Norman. He used a modified baby's pram to conceal items including a Nespresso machine, crockery sets, a vacuum cleaner and an electric blanket. He was also convicted of stealing a €900 Jimmy Choo handbag from Brown Thomas, claiming it was a Mother's Day present. The judge suspended the last six months of the sentence because he is a foreign national. He had previously been arrested in 2015 and again after the handbag theft, and had fled to Belgium before his sentence date, where he was later apprehended under a European Arrest Warrant. Van Wilderoden pleaded guilty.

2017-01-13 · Wicklow

Woman who murdered man by driving him in to harbour to seek bail before appeal

Marta Herda, 29, was convicted of murder after driving a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos. The Central Criminal Court found that Herda had driven the car through the crash barriers at South Quay, applied the handbrake before entering the water, and that the only open window was the driver's. Orsos's body was recovered from a nearby beach; a post‑mortem confirmed death by drowning, not by crash injuries. Herda pleaded not guilty, was found guilty by a jury, and received a mandatory life sentence on 28 July 2016. She has lodged an appeal and is seeking bail pending the appeal hearing, arguing a "discrete, clear ground" that could give her a strong chance of success. The bail application is scheduled for 5 April. The case remains at the appeal stage, with no further verdicts announced.

2017-01-12 · Wicklow

Legal advisor denies suggestion of political pressure in Sean FitzPatrick investigation

In a court hearing on 12 January 2017, Kevin O'Connell, a former legal advisor with the Office of Director of Corporate Enforcement, denied that political or public pressure had influenced the investigation into former Anglo Irish Bank chairman Sean FitzPatrick. O'Connell, who had a "very significant involvement" in the case, explained that while the investigation attracted public and media interest, he had never experienced any suggestion of political pressure or felt that colleagues were under such pressure. He noted that Paul Appleby, the director of corporate enforcement, had sent confidential details of the investigation to senior officials in February 2009, and that O'Connell had been delegated statutory powers to request documents from banks. He maintained that he remained subordinate to Appleby and that the investigation was conducted methodically and without undue influence. The trial was scheduled to continue the following day. Sean FitzPatrick pleaded not guilty.

2017-01-12 · Wicklow

Edible insects businessman ran professional shoplifting scheme, court hears

Anthonie Van Wilderoden, a 44-year-old Dutch national and businessman, pleaded guilty at Dublin Circuit Criminal Court to ten sample counts of theft from four stores between December 2014 and March 2015. He also admitted possession of a specially modified pram and three stolen gold-plated mirrors. The court heard that Van Wilderoden allegedly ran a professional shoplifting scheme, placing advertisements on the Donedeal website for high-value household goods which he then stole from Arnotts, Curries, Harvey Norman, and Brown Thomas. He used a modified baby's pram to conceal items, including a Nespresso machine, crockery, and a vacuum cleaner. Although he claimed the thefts were driven by heavy debt and personal hardship, he has 19 previous convictions across Ireland, the Netherlands, and Belgium for fraud, forgery, theft, and embezzlement. After entering an early guilty plea, Van Wilderoden fled to Belgium before his sentencing date. He was subsequently arrested under a European Arrest Warrant and returned to Ireland in November 2016. Defence counsel highlighted his history of childhood abuse and financial instability, noting he was "totally incapable of handling money." Counsel stated that Van Wilderoden had purchased a plane ticket to the Netherlands and was willing to promise not to return to Ireland if granted a suspended sentence. The matter is currently at the sentencing stage, with Judge Cormac Quinn scheduled to hand down the sentence.

2017-01-12 · Dublin

Ex-garda handed himself in on manslaughter charge after seeing himself on Crimecall

The High Court ordered the extradition of Oliver Hurley, a 63‑year‑old former Garda living in the UK, to face a manslaughter charge in England. The case stems from the death of Manolito Chando on 9 April 2016 after an assault at a Salvation Army hostel in London. CCTV footage allegedly shows Hurley pushing Chando with considerable force, causing a head injury and a brain bleed that led to a coma and death. Hurley, who was homeless at the time, claimed he was defending himself and that Chando was intoxicated. He voluntarily presented himself to Gardaí in Ireland after seeing his image on RTE's Crimecall programme. The court granted the State's extradition application, noting the seriousness of the alleged offence and the lack of justification for the force used. The order directs Hurley's surrender to the UK for trial.

2017-01-11 · Wicklow

Anglo search warrants "unlawful and unconstitutional", jury hears

During the trial of former Anglo Irish Bank chairman Sean FitzPatrick, a jury heard that warrants used by Gardaí to search banking premises in 2009 and 2010 were unlawful and unconstitutional. Detective Sergeant Brian Mahon testified that he had obtained the warrants under Section 20 of the Companies Act and that Gardaí carried out searches of Anglo Irish Bank and Irish Nationwide Building Society offices, seizing documents and computer hard drives. Cross‑examination confirmed that the Dublin Circuit Criminal Court had ruled the warrants unlawful and unconstitutional, yet the seized evidence was still to be presented to the jury. Judge John Aylmer informed the jury that the trial would now likely finish by mid‑March, and warned against seeking external information. The unnamed accused pleaded not guilty.

2016-12-19 · Wicklow

Jurors in Sean FitzPatrick trial told to return in the new year

The trial of former Anglo Irish Bank chairman Sean FitzPatrick, who is accused of misleading auditors about multi‑million euro loans, is set to resume in evidence on 11 January after a bereavement of Judge John Aymler. The case, which began in September with a 15‑member jury, has been delayed by extensive legal argument, with over 50 days spent on proceedings and the trial now expected to run until the end of February. FitzPatrick, aged 68, has pleaded not guilty to 21 charges of making misleading statements to auditors and six charges of furnishing false information between 2002 and 2007. Prosecutor Dominic McGinn SC has argued that loans taken by FitzPatrick and his family rose from about €10 million in 2002 to roughly €100 million in 2007, and that the bank's auditors were not informed of short‑term loans that artificially reduced the loan amounts for a two‑week period around the bank's financial year‑end.

2016-12-16 · Dublin

Victim left with lifelong brain injuries after punches

Aaron O'Donoughoe, a 21-year-old from Greystones, pleaded guilty at Dublin Circuit Criminal Court to assault causing serious harm in Temple Bar on April 20, 2014. The court heard that O'Donoughoe punched Gerard McManus, who subsequently suffered bleeding and swelling on the brain, resulting in lifelong injuries including balance issues and impaired cognitive processing. O'Donoughoe admitted to striking the victim again while he was on the ground. Judge Martin Nolan noted that the Court of Appeal had previously judged this specific offence as deserving of a sentence of up to twelve-and-a-half years. However, considering O'Donoughoe's difficult background, his remorse, and the fact that he did not intend to cause a brain injury, the judge imposed a five-year custodial sentence. The prosecution argued the offence was on the upper end of the seriousness scale. O'Donoughoe stated he reacted after the victim allegedly used a racial slur and threatened him. The matter was finalised with the imposition of the five-year term.

2016-12-07 · Wicklow

Judgement reserved in appeal against Hillwalker's award

Judgement has been reserved in a High Court appeal against a Circuit Court decision awarding €40,000 in damages to Teresa Wall. The appellant, Mrs Wall, claims she tripped and fell on a boardwalk on the Wicklow Way near the JB Malone memorial on the Sally Gap to Djouce trail, sustaining a gashed knee requiring seven stitches. She alleges the National Parks and Wildlife Service (NPWS) was negligent for allowing a defect in the boardwalk, specifically a hole in a rotted railway sleeper, which created a tripping hazard and public nuisance. The NPWS denies negligence, arguing that Mrs Wall contributed to her injuries by failing to look where she was going and that she assumed the risks inherent in hillwalking. Last April, Dublin Circuit Court judge Jacqueline Linnane found the NPWS negligent and ordered the payment of damages. The NPWS appealed this ruling to the High Court. The appeal concluded on Wednesday before Mr Justice Michael White, following legal submissions from both sides. Mr Justice White reserved his decision, stating he hopes to deliver judgement in February. The matter is therefore adjourned pending the final determination of the appeal.

2016-12-07 · Wicklow

Jury discharged in trial of Wicklow man accused of murder

The jury for the trial of Thomas O'Connor, a 29‑year‑old from Greystones, Wicklow, accused of murdering 22‑year‑old John O'Brien on 4 June 2010, was discharged. O'Connor pleaded not guilty to murder but guilty to manslaughter, a plea rejected by the State. Justice Carmel Stewart informed the jurors that one member was absent and could not return, and therefore discharged the jury. The case will resume on 20 February 2017.

2016-12-06 · Wicklow

Hillwalkers should take personal responsibility for their actions, High Court told

In a High Court hearing on 6 December 2016, Ms Helen Lawless, Hillwalking, Access and Conservation Officer of Mountaineering Ireland, testified that hillwalkers must take personal responsibility for their footing on varied surfaces, including boardwalks. She argued that the 130‑km Wicklow Way boardwalk, laid over a decade ago, was solid, fit for purpose and had not failed, and that it was safe for hillwalkers after 15 years of use. Ms Lawless cited the 1995 Occupiers Liability Act, stating that the National Parks and Wildlife Service (NPWS) had a duty to maintain the boardwalk in a safe condition. She noted that the NPWS's counsel claimed the boardwalk was not safe on the day of Mrs Teresa Wall's fall. Mrs Wall, aged 60, had sued the NPWS for €40,000 damages and legal costs after tripping on a hole in the boardwalk on 6 August 2013, sustaining a gash to her right knee that required seven stitches.

2016-12-06 · Wicklow

Murder accused killed man with rock, trial hears

In a Central Criminal Court hearing, Thomas O'Connor, aged 29, pleaded not guilty to murder but guilty to manslaughter in the death of John O'Brien on 4 June 2010. Prosecutors presented evidence that O'Brien and O'Connor were drinking in an underground carpark of Superquinn in Greystones, then driving around with O'Brien's brother, Jimmy O'Brien. O'Brien struck two younger men and was restrained by Jimmy. O'Connor allegedly struck O'Brien on the head with a 1.6‑kg rock, which was heavily blood‑stained. The prosecution argued the rock caused a catastrophic head injury leading to O'Brien's death. Witnesses described O'Connor, wearing a grey hoody, standing over O'Brien and striking him repeatedly. O'Connor was arrested on 5 June 2010 and told Gardaí he did not intend to kill O'Brien. The trial continues before Ms Justice Carmel Stewart.

2016-12-05 · Wicklow

Wicklow man to stand trial accused of murder

The trial of Thomas O'Connor, aged 29, of Burnaby Court, Greystones, Co Wicklow, will commence this week. He is accused of murdering 22‑year‑old John O'Brien on 4 June 2010 at Farrankelly Road, Delgany, Co Wicklow. O'Connor pleaded guilty to manslaughter but not guilty to murder; the State did not accept the plea. A jury of eight men and four women was sworn in by Mr Justice Patrick McCarthy, who said the trial could start tomorrow or on Wednesday, depending on a judge's availability, and expected to last two weeks.

2016-12-05 · Dublin

Dublin man stabbed mother to death with kitchen knife, jury hears

A jury heard that Fionn Braidwood, aged 32, stabbed his retired psychiatrist mother, Jane Braidwood, to death with a kitchen knife on 20 January 2015 at their Dun Laoghaire home. He also punched his sister Ceili Braidwood and assaulted Anthony Maguire on the same day. Mr Braidwood pleaded not guilty to murder and the assault charges. The prosecution, led by Alex Owens SC, presented evidence that the accused had long‑standing mental health problems, had stopped his medication in November 2014, and had been experiencing severe psychiatric symptoms for years. Witnesses, including Ceili Braidwood via video link, described the brother's tense behaviour, his decision to take a knife from the drawer, the stabbing of his mother, and subsequent assault on Ceili. The court heard that the accused was under care at Cluain Mhuire but was not receiving assistance at the time. The trial is proceeding before Ms Justice Carmel Stewart.

2016-11-25 · Wicklow

'Wicklow Way' in doubt over hillwalker's injuries award, High Court hears

The High Court is hearing an appeal by the National Parks and Wildlife Service (NPWS) against a Circuit Court ruling that awarded €40,000 in damages to hillwalker Teresa Wall, who fell on a wooden boardwalk on the Wicklow Way. Wall, aged 60, claims the boardwalk was unsafe because the timber had rotted and was poorly maintained, causing her to trip and suffer a knee injury requiring seven stitches. She sued the NPWS for negligence and breach of duty of care. The Circuit Court judge, Jacqueline Linnane, found that reasonable care had not been taken to maintain the boardwalk, and the failure was responsible for Wall's injuries. The NPWS argues that Wall contributed to her injuries by not looking where she was walking. The appeal will resume in two weeks.

2016-11-24 · Wicklow

Hillwalker denies giving different version of fall

Ms Teresa Wall, aged 60, denied giving a different account of her fall on a boardwalk on the Wicklow Way. She told High Court Justice Michael White that she fell when her foot snagged in a hole in a railway sleeper near the JB Malone memorial on the Sally Gap to Djouce trail. She rejected claims that she had told an NPWS official she had tripped on chicken wire. The incident occurred at about 4 pm on 6 August 2013 while she and her husband were descending the mountain. Ms Wall had previously testified in the NPWS's appeal against a Circuit Court finding that the NPWS was negligent and owed her €40 000 in damages. She confirmed phone calls with NPWS employees on 14 August, but denied telling the District Conservation Officer that the fall was due to chicken wire or that she could not holiday in Slovakia.

2016-11-23 · Wicklow

Appeal against Wicklow Way negligence finding opens at High Court

A woman with 40 years of hill walking experience, Teresa Wall, told the High Court she was seriously injured after falling on a rotting boardwalk on the Wicklow Way. She described being 'black and blue on her right side' and suffering a gash to her knee requiring seven stitches. Her husband had to carry her down the mountain due to lack of mobile signal. The appeal against a Circuit Court finding that the National Parks and Wildlife Service (NPWS) was negligent and must pay €40,000 in damages is ongoing. The Circuit Court had ruled that the boardwalk, made of rotted railway sleepers, was unsafe and that the NPWS failed in its duty of care. The NPWS is appealing, arguing that Ms Wall contributed to her injuries by not looking where she was going.

2016-11-23 · Wicklow

Trial of former Anglo chairman significantly overrunning, judge tells jury

The trial of former Anglo Irish Bank chairman Sean FitzPatrick, accused of misleading auditors about multi‑million euro loans, is running significantly over schedule, Judge John Aylmer told the jury. The State alleges that loans taken by FitzPatrick, his wife and family rose from about €10 million in 2002 to roughly €100 million in 2007, and that the amount was artificially reduced for two weeks around the bank's year‑end by short‑term loans from other sources, including Irish Nationwide Building Society, and that these were not disclosed to Ernst & Young auditors, contrary to the 1990 Companies Act. FitzPatrick, 68, pleaded not guilty to 21 charges of making misleading statements to auditors and six charges of furnishing false information between 2002 and 2007.

2016-11-07 · Galway

Legal challenge to Apple's €850m Athenry data centre is fast-tracked

The High Court has fast-tracked a legal challenge to An Bord Pleanála's August decision permitting Apple to develop an €850m data centre in Athenry, Co Galway. Applicants Sinead Fitzpatrick and Allan Daly seek to quash the planning permission, alleging the board failed to conduct a proper Environmental Impact Assessment regarding the development's significant energy demands. Apple Distribution International, represented by Rory Mulcahy SC, applied for the case to be admitted to the commercial court list to resolve the matter expeditiously. Mr Justice Brian Cregan admitted the Fitzpatrick and Daly action to the fast track. Apple intends to seek the transfer of a second challenge, brought by Co Wicklow landowner Brian McDonagh, to the commercial court to have both cases heard together in March next year. However, Mr McDonagh, representing himself, objected to the transfer, claiming it would prejudice his action. Mr Justice Cregan stated that nothing would be done regarding Mr McDonagh's action until it returns before the court next Monday. The matter involving Fitzpatrick and Daly was thus admitted to the commercial list, while the procedural status of McDonagh's separate challenge remains pending further hearing.

2016-11-04 · Wicklow

Legal issue to be "thrashed out" in Sean FitzPatrick trial, jury told

In the Dublin Circuit Criminal Court, the jury hearing former Anglo Irish Bank chairman Sean FitzPatrick's trial was sent away for a week to resolve a legal issue. FitzPatrick, aged 68, faces 21 charges of misleading auditors and six charges of furnishing false information between 2002 and 2007. The State alleges that loans taken by FitzPatrick, his wife and family rose from about €10 million in 2002 to roughly €100 million in 2007, and that the amount was artificially reduced for two weeks around the bank's year‑end by short‑term loans from other sources, including Irish Nationwide Building Society, without disclosure to auditors Ernst & Young, contrary to the 1990 Companies Act. Judge John Aylmer explained that progress was stalled by an unforeseen legal matter, and the jury will reconvene on 14 November after a week's break. The trial, originally scheduled for 12 weeks, had a 15‑member jury and had already seen two jurors excused for personal reasons. Sean FitzPatrick pleaded not guilty.

2016-11-03 · Dublin

Criminal caused €40k in damage after setting fire to stolen car

Gareth Quinn, 33, was sentenced to one year in prison for setting fire to a stolen BMW X5 and two other parked cars, causing €40,000 in damage. The incident occurred on 9 August 2015 when Quinn, under the influence of alcohol, crashed the BMW into a parked Audi TT and then attempted to dislodge it for 10–15 minutes before igniting the vehicle with a cigarette lighter. The fire spread to an Audi A4 and a Fiat Punto. Quinn, who has 71 prior convictions, pleaded guilty to unlawful use of the BMW and arson. The sentence is consecutive to his existing four‑year term for unlawful taking of a car, which began in April 2019. The court noted Quinn's intoxication and frustration as the motive for the arson. The case was heard at the Wicklow Circuit Criminal Court and the Dublin Circuit Criminal Court. The judge imposed the additional year of imprisonment, extending Quinn's current custodial period.

2016-11-03 · Wicklow

Trial of former Anglo chairman Sean FitzPatrick begins

The trial of former Anglo Irish Bank chairman Sean FitzPatrick began at Dublin Circuit Criminal Court. FitzPatrick, 68, is accused of misleading the bank's auditors, Ernst & Young, about multi‑million euro loans taken by him, his wife and family between 2002 and 2007. The loans grew from about €10 million in 2002 to roughly €100 million in 2007 and were used to finance shopping centres, hotels and offices. Prosecutor Dominic McGinn argued that FitzPatrick artificially reduced the loan figures for two weeks around the bank's year‑end by taking short‑term loans from other sources, including Irish Nationwide Building Society, and by transferring funds from deposits and savings accounts. The case involves 27 offences under the 1990 Companies Act, including 22 charges of making misleading statements to auditors and five charges of furnishing false information. The jury will hear evidence from 75 witnesses, including former bank staff and the former chairman of Anglo's successor bank, IBRC. Sean FitzPatrick pleaded not guilty.

2016-10-28 · Wicklow

Suspended sentence given to woman who defrauded employer of €220k is found "too lenient"

Naila Zaffer, 38, a former senior insurance claims official, was found guilty of defrauding her employer, IPB Insurance, of €220,000 over six years. She pleaded guilty to ten counts of using a false instrument, theft and attempted theft between April 2007 and August 2012. In May 2015, Judge Terence O'Sullivan imposed a wholly suspended two‑and‑a‑half‑year sentence. The Court of Appeal, hearing an application from the Director of Public Prosecutions, ruled that the sentence was "unduly lenient" and ordered a fresh hearing in December. The appeal judge noted that Zaffer had no prior convictions, had lost her job, and that the fraud was pre‑meditated and prolonged. The case was remitted for the probation service to prepare reports before the new sentencing hearing.

2016-10-19 · Wicklow

NI's Dept of Agriculture cannot be sued due to sovereign immunity

The High Court has dismissed a damages claim against Northern Ireland's Department of Agriculture and Rural Development, ruling that the body is entitled to sovereign immunity as an agent of the British Crown. The action was brought by Co Wicklow potato farmers Paul and John Brady, who alleged that in 2012 they purchased €88,000 worth of seed potatoes sourced in Co Down that subsequently failed. The applicants claimed total crop losses of €332,000 and alleged the Department was negligent in certifying two batches of Premier Elite seed potatoes as fit for purpose. They contended that shortcomings in the examination of the seed by inspectors resulted in their crop being suitable only for animal feed. In a pretrial motion, the Department argued that the Dublin Court lacked jurisdiction to hear the claim against it. At the time the proceedings were launched, Sinn Fein's MLA Michelle O'Neill was NI's Minister for Agriculture; she has since been replaced by DUP MLA Michelle McIlveen. Mr Justice Seamus Noonan held that the Minister and the Department were agents of the Crown, exercising executive powers under the Northern Ireland Act of 1998. The judge determined that the Department was administering the seed certification programme in a public law capacity, not engaging in private trade. Consequently, the court was not competent to adjudicate upon the administrative acts of a foreign sovereign's agent. The statement of claim against the NI Department was set aside. The Brady's damages claim against other defendants remains live.

2016-10-19 · Wicklow

New trial date set for former Anglo executive

Tiarnan O'Mahoney, a former Chief Operations Officer of Anglo Irish Bank, was scheduled to stand trial on Monday, 19 October 2016, for charges of conspiring to conceal or alter bank accounts. He had previously been convicted in July 2015 on seven charges and sentenced to three years' imprisonment, but that conviction was quashed by the Court of Appeal in April 2016. The new trial date was set for 24 October 2016. The charges allege that in 2003 and 2004 O'Mahoney conspired to hide or omit accounts from Anglo's Core Banking System or from documentation provided to Revenue, which was investigating bogus non‑resident accounts potentially liable for Deposit Interest Retention Tax. The prosecution, led by Dominic McGinn SC, requested that the trial not be held concurrently with the ongoing trial of Sean FitzPatrick, and Judge Melanie Greally agreed, setting a new trial date for 2 October 2017. Tiarnan O'Mahoney pleaded not guilty.

2016-10-18 · Wicklow

Polo trainers bring challenge over worker's permit

An equine firm, Herbst Manufacturing Ltd trading as Polo Wicklow, has lodged a High Court challenge against the Minister for Jobs, Enterprise and Innovation following the refusal to renew a work permit for an Argentine trainer who has lived in Ireland with his family since 2003. The company, based in County Wicklow, argues that the refusal was based on a conviction it received after admitting a worker it believed had the right to work in Ireland but did not possess the required permit. The firm, which has operated for 25 years training polo horses for export to other European countries, claims it is practically impossible to find suitably qualified trainers in Ireland and therefore recruits South American nationals. In January 2024 the company was fined €750 in the District Court after pleading guilty to an offence under the 2006 Employment Permits Act for employing an Argentine national for seven weeks who was not entitled to work in Ireland.

2016-10-18 · Dublin

Croatian man beat up ex-partner in her home

In September 2015, Neven Vukovic, a 40‑year‑old Croatian man, attacked his ex‑partner Fionnuala Ní Mhartín at her Dublin home. After the couple had split two days earlier, Vukovic entered the house, attempted to hug her, and when she refused, he slapped her on the head and then repeatedly punched and kicked her. The assault left her with a fractured eye socket and other injuries. Vukovic later sent harassing text and Facebook messages, including threats, for weeks. Gardaí arrested him and he pleaded guilty to assault causing harm at the Dublin Circuit Criminal Court. He was charged with assault and harassment, placed on bail with strict conditions, and a sentencing hearing was adjourned to April. He has since attended anger‑management and counselling courses.

2016-10-17 · Wicklow

Sean FitzPatrick trial loses two jurors

In the trial of former Anglo Irish Bank chairman Sean FitzPatrick, two jurors were excused from serving. The trial, which began with a specially enlarged jury of 15 at Dublin Circuit Criminal Court, is expected to last three months. Judge John Aylmer explained that the parties were still involved in a legal matter that the jurors had been made aware of, and that the time estimate for dealing with this matter had been underestimated. One juror was excused because she could not afford the €67 a week she would receive in social welfare and had started a full‑time job. The second juror was excused due to a bereavement and related difficulties. Judge Aylmer noted that the trial could start before the jury by Wednesday, 26 October, and that the remaining 13 jurors had no objections to continuing. Sean FitzPatrick pleaded not guilty.

2016-10-05 · Dublin

Burglar gets chance to put criminality behind him

In a Dublin Circuit Criminal Court hearing, 22‑year‑old Gerry Wall pleaded guilty to burglary at Hyde Road, Dalkey, after breaking into a house and stealing jewellery worth €4,030 and a jar of coins valued at €58. CCTV captured Wall and an accomplice climbing over a fence, entering the house, and later exchanging the stolen coins for notes at a neighbouring petrol station. The burglary caused €2,315 in damage and none of the stolen property was recovered. Wall, who has nine prior convictions, was given a suspended sentence of two and a half years on strict conditions. The judge, citing a probation report that showed a "turnaround in attitude" and Wall's recent fatherhood, accepted that no further charges were pending and allowed him a chance to demonstrate his commitment to leaving criminality behind him.

2016-09-27 · Wicklow

Jury in trial of former Anglo chairman sent away for two weeks

The jury for the trial of former Anglo Irish Bank chairman Sean FitzPatrick, charged with misleading auditors about millions of euros in loans, was sent away for almost two weeks. A specially enlarged panel of 15 jurors was sworn in at Dublin Circuit Criminal Court, with the trial expected to last three months. Judge John Aylmer reminded the jurors to remain impartial, to avoid seeking information online or on social media, and not to discuss the case with family or friends. FitzPatrick, aged 68, pleaded not guilty to 27 offences under the 1990 Companies Act, including 22 charges of misleading statements to auditors and five charges of furnishing false information between 2002 and 2007. The judge told the jury that the case would resume before counsel for the State, Dominic McGinn SC, who would explain the lengthy indictment.

2016-09-26 · Wicklow

Three new jurors sworn for FitzPatrick trial

Three new jurors were sworn in for the trial of former Anglo Irish Bank chairman Sean FitzPatrick, who faces 27 offences under the 1990 Companies Act for allegedly misleading the bank's auditor Ernst and Young about director's loans received between November 2002 and February 2008. The trial, held at Dublin Circuit Criminal Court, is expected to last three months. Judge John Aylmer instructed the jury, now nine women and six men, to remain impartial, avoid internet or social media research, and not discuss the case with family or friends. He emphasized that the jury must base their verdict solely on the evidence presented in court and will return a decision tomorrow afternoon before being dismissed for about two weeks. FitzPatrick, aged 68, has pleaded not guilty to the charges.

2016-09-21 · Wicklow

Jury sworn in for trial of former Anglo chairman

The trial of former Anglo Irish Bank chairman Sean FitzPatrick began at Dublin Circuit Criminal Court on 21 September 2016. A specially enlarged jury of 15 was sworn in, with the case expected to last up to three months. FitzPatrick, aged 68, denies misleading the bank's auditors Ernst and Young about loans totalling up to €119 million received between November 2002 and February 2008. He pleaded not guilty to 27 offences under the 1990 Companies Act, including 22 charges of making misleading statements to auditors and five charges of furnishing false information from 2002 to 2007. The prosecution plans to call 75 witnesses, such as former bank employees Matt Moran and Tiarnan O'Mahoney, and former IBRC chairman Alan Dukes. Potential jurors were excluded if they had been affected by the banking crisis, expressed views on it publicly, or were members of protest groups. The jury, after exclusions, comprised eight women and seven men.

2016-09-21 · Wicklow

Trial of former Anglo chairman to begin today

Sean FitzPatrick, former chairman of Anglo Irish Bank, will begin a twelve‑week trial at Dublin Circuit Criminal Court on 26 September. He is accused of misleading the bank's auditors over a five‑year period, facing 27 offences under the 1990 Companies Act. The charges include 21 counts of making misleading, false or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. The case will be heard by a specially enlarged jury of 15 members, with two days of legal argument in the jury's absence.

2016-07-28 · Wicklow

Woman found guilty of murdering colleague by driving him to sea

In March 2013, 29‑year‑old Marta Herda drove her Volkswagen Passat through crash barriers at South Quay, Arklow, into a deep harbour. She had been arguing with her passenger, 31‑year‑old Csaba Orsos, who could not swim. The car entered the water, and Orsos drowned. A post‑mortem confirmed drowning, not crash injuries. Herda, a Polish waitress, pleaded not guilty and was tried at the Central Criminal Court. The jury found her guilty of murder by a 11‑to‑one majority. She was sentenced to life imprisonment. The case highlighted the argument between the couple, Herda's claim of wanting the situation to stop, and the fact that Orsos was in love with her. The trial did not address any subsequent appeals or further legal developments.

2016-07-27 · Wicklow

Idea for 'Celebrity Bainisteoir' not stolen, Supreme Court holds in dismissed appeal

Patrick Kinsella of Callohill, Newtown, Co Wicklow, who had not been represented, claimed that RTE and media personality Fiona Looney stole his original idea for the reality show 'Celebrity Bainisteoir'. He had submitted a concept titled Top Coach/Top Team to RTE in August 2007. In 2011 the High Court, presided over by Mr Justice George Birmingham, dismissed Kinsella's claim, finding that the idea was solely that of Ms Looney, who had first submitted it to RTE in 2004. The judge concluded that the evidence presented at the hearing showed no merit in Kinsella's allegations and ordered him to pay the legal costs of the seven‑day hearing. Kinsella appealed to the Supreme Court, arguing that the High Court decision should be set aside. The Supreme Court, comprising Chief Justice Susan Denham, Mr Justice William McKechnie and Mr Justice John MacMenamin, dismissed the appeal, affirming the High Court's ruling and awarding costs to Ms Looney and RTE.

2016-07-27 · Wicklow

Jury in woman's murder trial given majority verdict option

In the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, the jury was informed that a majority verdict could be accepted. Herda is charged with the murder of 31‑year‑old Csaba Orsos, who drowned after the car she was driving entered a harbour on 26 March 2013. She pleaded not guilty. The court heard that the couple had worked together in a hotel and that Orsos had been in love with Herda, who did not reciprocate. He had reportedly followed her for two years, calling and messaging her, and the pair were arguing in the car when it entered the water. The jury, consisting of eight men and four women, was given three possible verdicts: guilty of murder, acquittal, or not guilty of murder but guilty of manslaughter.

2016-07-27 · Dublin

Developer's wife loses bid to halt alleged invalid transfers case

Gayle Dunne, wife of property developer Sean Dunne, lost a bid to halt proceedings aimed at setting aside alleged invalid transfers of assets worth about €100 million. The case, brought by Chris Lehane, the official administering Mr Dunne's Irish bankruptcy, concerns two alleged agreements from 2005 and 2008 involving the Lagoon Beach Hotel in Cape Town and Irish properties. Mr Dunne filed for bankruptcy in Connecticut in 2013 and was declared bankrupt in Ireland the same year, a decision upheld by the Irish Supreme Court. Ms Dunne argued the transfers were compensation for her career and that Irish proceedings were oppressive, seeking dismissal on the basis that U.S. courts should decide the matter. The Official Assignee denied these claims, noting the assets were Irish and the transfers involved Irish share and loan assignments. Judge Caroline Costello dismissed Ms Dunne's application, stating Ireland was the proper forum and that her arguments did not show abuse of process.

2016-07-26 · Wicklow

Jury to continue deliberating in woman's murder trial

In the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, the jury resumed deliberations on Wednesday after a Monday morning session. Herda is charged with the murder of 31‑year‑old Csaba Orsos, a Hungarian national, who drowned when the car she was driving entered a harbour on 26 March 2013. Herda pleaded not guilty. The Central Criminal Court heard that the couple had worked together and that Orsos had been in love with Herda, who did not reciprocate. He had followed her for two years, calling and texting her, and they were arguing in the car when it entered the water. The judge explained the possible verdicts—guilty of murder, acquittal, or not guilty of murder but guilty of manslaughter—and that a unanimous decision was required. The jury had spent six hours and 14 minutes on the case before being sent home, and they will resume tomorrow.

2016-07-25 · Wicklow

Trial date set for Wicklow murder accused

The Central Criminal Court has set a trial date for the re-trial of Thomas O'Connor, a 35-year-old man from Burnaby Court, Greystones, Co Wicklow. O'Connor is the appellant in this matter, having previously been convicted of the murder of John O'Brien at Farrankelly Road, Delgany, Co Wicklow, on June 5, 2010. In 2011, he was sentenced to life imprisonment following his conviction at the Central Criminal Court. However, in November 2014, the Court of Criminal Appeal quashed his murder conviction and ordered a retrial. Today, the case was called before the Central Criminal Court, where Mr Justice Patrick McCarthy scheduled the re-trial to commence on December 5, 2016. This procedural step marks the next stage in the legal proceedings following the appellate court's decision to overturn the original finding. The report confirms that the matter is currently at the pre-trial stage, with the specific date for the new trial now established by the presiding judge. No new charges, pleas, or sentences were recorded in this specific court appearance, which focused solely on fixing the timeline for the upcoming re-trial of the accused.

2016-07-25 · Wicklow

Jury to resume deliberations in trial of woman accused of harbour murder

In the Central Criminal Court, a jury will resume deliberations on Tuesday morning in the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, charged with the murder of 31‑year‑old Csaba Orsos. The case concerns an incident on 26 March 2013 when Herda drove her car into a harbour at South Quay, Arklow, causing Orsos to drown. Herda escaped the water, but Orsos could not swim and his body was recovered from a nearby beach later that day. The trial established that the two had worked together and that Orsos had been in love with Herda, who denied feeling the same way. She claimed he had followed her for two years, phoned and sent messages, and that they were arguing in the car when she drove into the water.

2016-07-22 · Wicklow

Jury to begin deliberating in trial of woman accused of harbour murder

The trial of Marta Herda, a 29‑year‑old Polish waitress, is set to begin jury deliberations on Monday. She is charged with the murder of 31‑year‑old Csaba Orsos, who drowned after the car she was in drove into a harbour on 26 March 2013. Herda escaped the water, but Orsos could not swim and his body was recovered later that day. The prosecution presented evidence that the couple had been arguing in the car and that Orsos had been following Herda for two years, calling and texting him. Herda pleaded not guilty. Judge Patrick McCarthy explained to the jury that they could find her guilty of murder, acquitted, or not guilty of murder but guilty of manslaughter, noting that intent to kill could arise on the spot and that motive need not be proven. He also clarified that gross negligence would be required for a manslaughter verdict. The jury must reach a unanimous verdict.

2016-07-22 · Wicklow

Judge begins charging jury in trial of woman accused of harbour murder

In a Central Criminal Court hearing on 22 July 2016, Judge Patrick McCarthy began charging the jury in the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, with the murder of 31‑year‑old Csaba Orsos. The case concerns an incident on 26 March 2013 when Herda drove her car into a harbour at South Quay, Arklow, causing Orsos to drown. Herda had pleaded not guilty. The trial established that both were in the car when it entered the water shortly before 6 a.m., that Herda escaped while Orsos could not swim and his body was recovered later that day. Herda had told police that Orsos was in love with her and had followed her for two years, but she did not reciprocate. She also claimed they were arguing in the car when she drove into the water.

2016-07-21 · Wicklow

Driving car into sea deliberately would have been "suicide", defence tells murder trial

In a murder trial in the Central Criminal Court, the defence counsel for Marta Herda, a 29‑year‑old Polish waitress, argued that if she had deliberately driven her car into the harbour at South Quay, Arklow, it would have constituted suicide rather than murder. Herda is charged with the death of 31‑year‑old Csaba Orsos, who drowned after the vehicle entered the water on 26 March 2013. The defence highlighted that the prosecution's case was unsustainable, noting that the handbrake may have been pulled by Orsos and that the evidence did not prove intent to kill. The counsel suggested that any verdict should consider whether Herda's actions were reckless or intentional, and urged the jury to consider a not‑guilty outcome. The trial was scheduled to continue with the jury hearing on Friday.

2016-07-20 · Wicklow

Car driven into sea was "instrument of murder", prosecution tells woman's murder trial

In a 2016 Central Criminal Court trial, the prosecution argued that Marta Herda, a 29‑year‑old Polish waitress, deliberately drove her car into the sea at Arklow harbour on 26 March 2013, resulting in the drowning of 31‑year‑old Csaba Orsos. Herda, who was in the car with Orsos that morning, escaped the harbour while Orsos' body was found later that day on a nearby beach. The prosecution's case relied on circumstantial evidence, including CCTV footage showing Herda's car moving from her home toward Orsos' residence around 5.30 am, a brake‑mark of 13 ft 6 in at the scene, and phone records indicating she called Orsos three times that morning, the last at 5.37 am. Herda had previously claimed that Orsos had been stalking her and that she could not stand his anger, but she also stated she knew he could not swim.

2016-07-20 · Wicklow

Detective put it to murder accused that she "lured" colleague out of his house

In a 2016 trial, Marta Herda, a 29‑year‑old Polish waitress, was charged with the murder of 31‑year‑old Csaba Orsos, who drowned after being driven into a harbour on 26 March 2013. Herda and Orsos had been in her car when it entered the water that morning; she escaped, but Orsos' body was recovered later that day on a nearby beach. The prosecution alleged that Herda had lured Orsos out of his house, citing phone records showing she called him at 5.30 am and that he had been in love with her, though she did not reciprocate. Detective Sergeant Fergus O'Brien testified about interviews conducted after Herda's arrest, and portions of those interviews were played to the jury. The prosecution closed its case, with closing speeches scheduled before Mr Justice Patrick McCarthy and a jury of eight men and four women.

2016-07-19 · Wicklow

Murder accused told gardai of fight for her life after car entered water

Marta Herda, 29, of Arklow, is on trial for the murder of 31‑year‑old Csaba Orsos, who drowned after their car entered a harbour on 26 March 2013. She pleaded not guilty. During the trial, excerpts of her garda interviews were played. In them, she described a struggle in the car as they approached the harbour, saying she had to "fight for my life" in the water. She recounted losing her shoes and sweater, hearing waves, and being unable to swim or say goodbye. She claimed she had been pursued by Orsos for two years, receiving calls and texts. The court heard her statement that she wanted the situation to stop when she drove into the water. The trial is before Mr Justice Patrick McCarthy with a jury of eight men and four women.