During the tenth day of her trial, the Central Criminal Court heard portions of video interviews conducted by Garda Detective Sergeant Fergus O'Brien with Marta Herda, a 29‑year‑old Polish woman charged with the murder of 31‑year‑old Csaba Orsos. The interviews, taken a few months after Herda's arrest in August 2013, were played to the court. Herda was accused of driving Orsos into a harbour where he drowned. She pleaded not guilty. In the interviews she stated that she had wanted the situation to stop, referring to the phone calls and text messages she had been receiving from Orsos, who had been following her for two years. The defence cross‑examined O'Brien about the context of her statement, and the barrister for Herda suggested that the statement might describe the events in the car that morning rather than an admission of intent. The trial continues.
Ms Marta Herda, 29, of Pairc Na Saile, Arklow, is charged with the murder of 31‑year‑old Csaba Orsos, who drowned after being driven into a harbour on 26 March 2013. Both were in Herda's car when it entered the water; she escaped, but Orsos's body was found later that day. During her trial, video of Herda's garda interviews was shown. She stated she had hoped to save him if she had seen him in the water, but a friend told her not to think of it, fearing they would die together. She described Orsos as a good‑hearted person who had fallen "in love with me badly" and admitted she was afraid of him. The court heard that she had no sexual relationship with him and that she had never been with someone who would "lock me somewhere." The trial continues.
In the Central Criminal Court, Marta Herda, 29, pleaded not guilty to the murder of 31‑year‑old Csaba Orsos, who drowned after the car she drove entered a harbour on 26 March 2013. Herda, a Polish waitress from Arklow, claimed she was not in love with Orsos and that the incident was accidental. She said she had been arguing with him in the car and that she did not want to drive fast. Garda testimony revealed that she had called Orsos at 5.20 am and again at 5.35 am, and that the handbrake had been applied before the car entered the water. Forensic evidence showed a skid mark consistent with handbrake use and a shattered driver's side window. The trial was set to continue on Monday before Mr Justice Patrick McCarthy and a jury of eight men and four women.
The Central Criminal Court heard evidence on the eighth day of the 29‑year‑old Marta Herda's trial for the murder of 31‑year‑old Csaba Orsos. Herda, a Polish waitress, is charged with driving Orsos into a harbour where he drowned on 26 March 2013. She pleaded not guilty and claimed the victim had been in love with her, a feeling she did not share, and that she could no longer tolerate the situation. Forensic Collision Investigator Garda Cliff Harding testified that a skid mark on the quay indicated the handbrake had been applied before the car entered the water, as the mark was consistent with a locked tyre caused by emergency braking. He noted that ABS would prevent such a mark, implying the handbrake was used.
During the seventh day of the 29‑year‑old Marta Herda's murder trial, the jury viewed a video of the deceased, 31‑year‑old Csaba Orsos, celebrating his birthday with Herda. The footage, shown in the Central Criminal Court, shows Herda seated beside Orsos as he blew out candles on a cake. Herda is charged with murdering Orsos by driving him into a harbour where he drowned on 26 March 2013. Orsos's brother, Zoltan Sandor, testified that the family had celebrated Orsos's birthday at his home in July 2012 and that the video was part of that celebration. The trial, presided over by Mr Justice Patrick McCarthy, continues with a jury of eight men and four women. The court heard additional testimony from witnesses about Herda's relationship with Orsos and alleged prior conflicts, but no verdict has yet been reached.
During the trial of 29‑year‑old Marta Herda, a jury was shown a Valentine's card she had received from the 31‑year‑old Csaba Orsas, the man she is accused of murdering by driving him into a harbour where he drowned. The card, held up by Garda Anthony Crehan, had pink roses on the front and the words "Thinking of you" inside a love heart. Inside, handwritten notes declared love, promised to change habits, and offered a phone number. The card was dated 21/5/12 at 22.54. Herda denied deliberately driving into the water and claimed she had not proposed that she drive into the water. The trial, presided over by Mr Justice Patrick McCarthy, continues with a jury of eight men and four women. The defence has not yet presented a verdict.
Marta Herda, 29, of Arklow, was charged with the murder of 31‑year‑old Csaba Orsas on 26 March 2013 after he was driven into a harbour and drowned. In her first Garda statements, read to the Central Criminal Court on the fifth day of the trial, Herda said she could no longer tolerate Orsas, who had followed her for two years, texted her, and claimed to love her. She described how he had followed her to work, to her friends' homes, and even to a playground, and how she had felt threatened and depressed. Herda claimed that she drove the car into the water to stop the situation, stating she knew he could not swim. The trial heard testimony from Garda Anthony Crehan, Dr Donal Bailey, and Nurse Claire Best, and continues before Mr Justice Patrick McCarthy and a jury.
In the Central Criminal Court, Marta Herda, aged 29, is on trial for the murder of 31‑year‑old Csaba Orsas. The prosecution alleges that on 26 March 2013, Herda drove Orsas into a harbour at South Quay, Arklow, where he drowned. During the trial, a paramedic testified that he was called to the quay at about 6.15 a.m. and found Herda soaked, cold and shivering, with white foam in her mouth. He treated her for hypothermia and transported her to hospital. While in the ambulance, Herda repeatedly said that Orsas "shouldn't have been there" and that she had driven the car into the water. A witness, Christina Byrne, claimed to have heard Herda shout that she had been raped, but her statement was cross‑examined and the court noted uncertainty about the words. The case remains at the trial stage.
The trial of Marta Herda, 29, for the murder of 31‑year‑old Csaba Orsas began on the second day at the Central Criminal Court. Herda, a Polish waitress from Arklow, is charged with driving Orsas into a deep harbour on 26 March 2013 and has pleaded not guilty. Defence counsel Giollaíosa Ó Lideadha SC argued that the State's case is that Herda lured Orsas to his death through phone calls. Garda Michael Hall presented records of calls and texts between Herda, Orsas and colleagues at the Brook Lodge Hotel, noting several between 5.20 am and 5.21 am that day. The prosecution suggested these communications were suspicious and instrumental in luring Orsas. State Pathologist Professor Marie Cassidy testified that Orsas's injuries were consistent with drowning, citing abundant blood‑stained froth in his airways and overinflated lungs. The jury, presided over by Mr Justice Patrick McCarthy, heard these arguments and evidence before continuing the trial later that day.
During the murder trial of Marta Herda, a 29‑year‑old Polish waitress, the court heard that a witness, Paul Hickey, saw Herda arguing on the phone in a car early that morning. Hickey described seeing a Volkswagen Passat with a driver who appeared animated and engaged in a heated conversation. He noted the car's slow movement and that it did not overtake a cyclist, suggesting the driver was still on the phone. Hickey also reported that the car had later been pulled from the harbour where the victim, 31‑year‑old Csaba Orsas, was found drowned. The jury also heard that a postman discovered Orsas's front door open about two hours after the car entered the water. Garda Michael Hall testified that Herda had two mobile phones; the first was used for most contact with Orsas, including a final call at 5.35 am lasting two minutes.
During the trial of Marta Herda, a 29‑year‑old Polish waitress charged with murdering her 31‑year‑old Hungarian colleague Csaba Orsas, a postman named Stephen Mitchell testified. He was delivering mail to Brookview Court at 8.15 am on 26 March 2013 when he noticed the front door of the house at Pairc Na Saile, Emoclew Road, Arklow, open. He described the door as a couple of feet ajar and reported it to a Garda car that had pulled up. The case is before Justice Patrick McCarthy with a jury of eight men and four women.
In a Wicklow harbour murder trial, a 29‑year‑old Polish waitress, Marta Herda, was charged with killing her 31‑year‑old Hungarian colleague, Csaba Orsas, by driving her car through harbour barriers into the sea. Prosecutor Brendan Grehan presented evidence that the car entered the water at high speed, that Herda was the driver, and that Orsas was a front‑seat passenger. He noted that Herda could swim while Orsas could not, and that the body was found drowned on a beach two miles away. Testimony from a security guard described a high‑speed vehicle and a woman screaming near the quay, later identified as Herda. Garda Fiona Furlong recounted finding Herda wet and distressed, pointing to the harbour. The case was opened to the Central Criminal Court, with a three‑week trial before Mr Justice McCarthy and a jury of eight men and four women. The unnamed 29-year-old pleaded not guilty.
The trial of former Anglo Irish Bank chairman Sean Fitzpatrick is scheduled to begin in September at Dublin Circuit Criminal Court. Fitzpatrick, 66, of Greystones, Co Wicklow, has pleaded not guilty to 27 alleged offences under the 1990 Companies Act. These charges include 21 counts of making misleading, false, or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. Judge John Aylmer set September 21 for the swearing-in of a specially enlarged jury of 15 members. The court noted that jury swearing will occupy a full day, followed by two days of legal issues to be addressed in the jury's absence. Evidence is expected to commence on Monday, September 26. The trial is estimated to last twelve weeks. The matter is currently at the trial stage, with the proceedings formally set for the upcoming month.
A 29‑year‑old woman, Marta Herda of Arklow, was arraigned in the Central Criminal Court on 4 July 2016 for the murder of Hungarian Csaba Orsas at South Quay, Arklow, on 26 March 2013. Mr Justice Patrick McCarthy informed the court that the trial would last three weeks and had sworn in a jury of seven men and five women. When the jury returned, the judge addressed one juror who confirmed she had been a member of An Garda Siochana. He explained that while there was no principle objection to a former Garda serving, the case might present a difficulty because of her insider knowledge. The judge, acknowledging her eligibility, discharged her with some embarrassment, stating it was best for the jury to remain impartial. He informed the remaining 11 jurors that the panel would leave for the day and that a replacement would be sworn in the following day, when the trial was expected to commence.
A man has been sentenced to three years imprisonment at Dublin Circuit Criminal Court for his role in two violent car-jackings committed on the same night in April 2014. David Thomas, aged 32, of Glenties Avenue, Finglas, Dublin, pleaded guilty to unlawful seizure of a vehicle at Shankill, Dublin. The court heard that Thomas and another man pulled the driver from his car, assaulted him, and threatened to shoot him after he witnessed their faces. The stolen vehicle was subsequently abandoned on the N11 near Wicklow. Thomas went on to forcibly remove a second driver from a van in the vicinity. Judge John Aylmer imposed a concurrent sentence, stating the Shankill incident was the more serious offence. The victim reported experiencing significant fear and psychological distress following the attack. The defence argued the incidents constituted a chaotic, alcohol-fuelled episode, with no actual firearm involved.
A judge discharged a jury of twelve sworn to hear the trial of 29‑year‑old Marta Herda, accused of murdering Hungarian Csaba Orsas in Arklow on 26 March 2013. Herda pleaded not guilty at her arraignment. The judge explained that a difficulty had arisen and the estimated trial time had been revised from seven or eight days to three weeks, making it impossible to start until Monday. He discharged the jury, noting they had agreed to a shorter estimate, and said the system would seek them again. Herda will return to court on Monday for a new jury.
The Commercial Court declined to fast‑track a claim by Berlin‑based W2 Filmproduktion Vertriebs GmbH against Irish film producers Morgan O'Sullivan and James Flynn. W2 alleges that the producers diverted €25 million of revenue from Octagon Films Ltd, a company in which W2 holds 49 percent, by transferring funds to themselves or to corporate entities they control. The defendants deny the allegations, calling them unfounded and an affront to their good character. W2 sought a fast‑track hearing, but the defendants argued that W2 had delayed in bringing the action and had not sought permission for a derivative claim. Judge Brian McGovern found that, based on correspondence dating back to July 2015, W2 had indeed delayed and was therefore not entitled to fast‑track status. The case will now proceed on the regular court lists. The defendants are directors of Octagon and have produced notable television series and films.
A 29‑year‑old woman, Marta Herda of Arklow, will stand trial for the 2013 murder of Hungarian Csaba Orsas in Wicklow. She was arraigned at the Central Criminal Court, where she pleaded not guilty. The case will be heard by a jury of seven women and five men, with the trial expected to last seven or eight days. The prosecution requested a Hungarian interpreter for one witness, while the defense was assisted by a Polish interpreter during the arraignment.
A woman with 234 previous convictions, Winne Cash (46) of Blessington Road, Tallaght Dublin, has been sentenced to four years in prison for stealing a handbag from a 73-year-old woman and trespassing on the curtilage of a house at Main Street, Baldoyle on November 23, 2015. Cash pleaded guilty to the charges at Dublin Circuit Criminal Court. Judge Melanie Greally noted that Cash had previously received a three-year sentence for burglary in 2013 and surmised that she would not have been out of prison for long at the time of this offence. The judge described the offence as particularly nasty with some degree of premeditation and imposed a four-year sentence, suspending the final year. The matter was adjourned for the purposes of the court's consideration of the suspended portion of the sentence. The case-subject, Tallaght Dublin, also admitted to the same charges and pleaded guilty, but no sentence was imposed at this procedural stage.
An agreement was reached that allows Druids Glen Golf Club Ltd to exit examinership. The club, which owns and operates the Druid's Glen Golf Course, had sought High Court protection after Gulland Property Finance Ltd appointed a receiver over the course following a claim of €4.85 million owed by Lakeford Ltd. The receiver's appointment led to the appointment of interim examiner Mr John McStay. The High Court heard that Druids Glen and Lakeford secured funding through investment from Candarlii Ltd and a €1.8 million loan from AIB, which satisfied Gulland's debt. The club also agreed to pay the interim examiner's costs and has funds to pay all preferential and trade creditors. Consequently, the court agreed to withdraw the examinership petition, and the club, which employs 36 people, will continue to operate the course and its associated facilities.
In a Commercial Court case, Berlin‑based W2 Filmproduktion Vertriebs GmbH, holding 49% of Irish company Octagon Films Ltd., sued Irish producers Morgan O'Sullivan and James Flynn for diverting funds from Octagon to themselves or their controlled entities. W2 claims the defendants breached a shareholders agreement, causing an estimated €50m loss to Octagon and €25m loss to W2. The company alleges the defendants misled W2 with false financial statements, sold work at cost to related entities, and failed to ensure Octagon received income from productions such as Vikings. W2's director, Winfried Hammacher, testified that Octagon was a nominal developer with minimal income, while the defendants denied any wrongdoing and argued the case should not be fast‑tracked. The judge adjourned the matter for a week to allow the defendants to submit objections in sworn statements.
Siobhan Hatton, a woman in her 30s from Roundwood, Wicklow, is facing an extradition hearing in Dublin for alleged involvement in a multi‑million euro steroid distribution scheme. She appeared briefly before Justice Aileen Donnelly at the High Court, where a hearing was set for 1 November. Sean Guerin SC said the hearing could last three days. Hatton was remanded in custody until 11 July, when the case will be mentioned again.
A man who became involved in selling a stolen car to reduce his drug debt has been given a suspended sentence. Karl Burke (27), of Oatfield Lawns, Clondalkin Dublin, pleaded guilty at Dublin Circuit Criminal Court to handling a stolen car and possession of a false Vehicle Registration Certificate (VRC) at The Park Shopping Centre, Carrickmines on October 30, 2014. The case was heard_or_decision. Burke admitted to the charges and was found guilty. Judge Melanie Greally noted that Burke had no longer been using drugs and had a supportive family. She imposed a three-year sentence, which was suspended in full. Garda Paschal Carley stated that gardai were alerted by an official at Wicklow County Council about suspicions regarding a VRC. The investigation revealed the car had been stolen from Castleknock and had a cloned chassis number. Burke had initially met the buyer in Clondalkin and later sold the car at Carrickmines, producing a driver's licence in a false name. Burke told gardai he had become involved in the offence to pay off a cocaine debt of between €8,000 – €10,000. He was to have €500 taken off his debt for his role. Mary Rose Gearty SC, defending, said Burke had taken care of the main catalyst for the offence and no longer wants anything to do with drugs or his old associates. He is a father of two and wishes to return to full-time education.
An autistic man, Bijan Afshar, 23, was found not guilty by reason of insanity for murdering his mother, Lynn Cassidy, 50, in Bray, County Wicklow, on 26 or 27 June 2014. The Central Criminal Court, after less than an hour of deliberation, ordered his committal to the Central Mental Hospital (CMH) in Dundrum. Justice Isobel Kennedy acted on a report by Dr Anthony Kearns, who diagnosed Afshar with autism and a mental disorder that impaired his thinking, emotions and judgment. Dr Kearns and defence counsel Michael O'Higgins agreed that Afshar was vulnerable and required inpatient care to prevent further harm. The court noted that Afshar would be reviewed by the Mental Health Board and considered for discharge under Section 13 of the Criminal Law (Insanity) Act. Justice Kennedy thanked the jury and exempted them from service for 15 years.
In June 2016, an 18‑year‑old man from Wicklow was sentenced to six years in prison for raping two children, one of whom had Down Syndrome. He pleaded guilty to four counts of rape, one count of threatening to kill and one count of sexual assault committed between 20 June 2013 and 31 December 2014. The offences were described by Justice Patrick McCarthy as "of the utmost gravity" because they involved children and a child with a mental disability. The accused threatened to kill a victim to prevent reporting. The first victim, a boy aged ten at his first rape and eleven at the second, suffered a permanent scar and ongoing psychological harm. The second victim, a girl with Down Syndrome, reported that the accused kissed her and inserted his tongue into her mouth. She now self‑harms and distrusts men. The defendant, who had no prior convictions, was 15 when he first offended and has attempted suicide.
Trevor Curtis, aged 35 and of no fixed abode, has been sentenced to five years imprisonment at Dublin Circuit Criminal Court following guilty pleas to two separate offences. Curtis pleaded guilty to possession of a syringe to threaten injury or intimidate another person on Bedford Lane, Temple Bar, Dublin on April 14, 2014, and to robbery of a betting shop on Wicklow Street, Dublin on October 27, 2014. During the first incident, Curtis was experiencing hallucinations after consuming a head shop drug and believed he was being attacked by demons. When gardaí arrived, he was found holding a syringe which he waved aggressively, leading to his being pepper-sprayed. In the second offence, he jumped over the counter and brandished a syringe at a pregnant employee, demanding money. Judge Martin Nolan suspended the final year of the sentence and backdated it to 2014 when Curtis entered custody. Curtis has 43 previous convictions, including three for similar syringe-related offences.
In a Wicklow case, a 51‑year‑old man was sentenced to 21 years in prison, with the final seven years suspended, for raping and sexually assaulting two of his step‑sons hundreds of times over a ten‑year period. He also abused one boy with a device he created and forced the boys to commit incest with each other. The judge, Mr Justice Tony Hunt, described the evidence as "industrial quantities" and said the crimes had caused permanent, irreparable damage. The defendant pleaded guilty to 165 counts of rape and sexual assault against one boy and 40 similar offences against his brother between 1993 and 2003. He was ordered to be supervised by Probation Services for five years post‑release, undergo rehabilitation, and have no contact with the two boys. The anonymity orders remain in place for the time being. The victims, who have chosen to waive anonymity, gave moving evidence of the abuse.
Noel Smith otherwise Smyth, 53, of Manomolin, Gorey, was convicted of harassment, making an unwarranted demand with menaces and money laundering between April and June 2009. He pleaded not guilty at Wicklow Circuit Criminal Court, was found guilty by a jury and sentenced to nine years' imprisonment, with the final three years suspended by Judge Gerard Giffin on 7 April 2014. The prosecution argued that a named individual received drugs from Smith about fifteen times and was pressured by Smith to pay for them; the individual had gone to his mother for money in summer 2008 and entered rehab in March 2009. Smith's appeal was dismissed by the Court of Appeal, which found the trial satisfactory and the conviction safe. The appeal was rejected on grounds including telephone records, search warrants and the alleged hoax bomb device found under a mother‑of‑three's car in June 2009.
In a High Court hearing on 27 May 2016, Druids Glen Golf Club Ltd sought to replace the receiver appointed by Gulland Property Finance Ltd with an examiner. Gulland, which had acquired a loan from Anglo Irish Bank that had been taken by a related company, claimed it was owed €4.85 million and had appointed a receiver over the 18‑hole championship course at Newtownmountkennedy, Co Wicklow. Druids Glen requested the removal of the receiver and the appointment of Mr John McStay of McStay Luby Accountants as interim examiner for both Druids Glen and the related company Lakeford Ltd. Gulland's counsel, Lyndon MacCann SC, said the examinership would be opposed, while Druids Glen's counsel, Patrick Leonard SC, said the club would consider the objection. The judge adjourned the matter to a June hearing. The course employs 36 people and has hosted Irish Open tournaments and the 2002 Seve Trophy.
An autistic 23‑year‑old, Bijan Afshar, was found not guilty by reason of insanity for the murder of his 50‑year‑old mother, Lynn Cassidy, who died on 26 or 27 June 2014 at their home in Deepdales, Bray, Co Wicklow. Afshar beat his mother to death after she told him she could not prevent the sale of the house he shared with his father. He pleaded not guilty by reason of insanity and the jury of six men and six women delivered a unanimous verdict after less than an hour of deliberations at the Central Criminal Court. Afshar was committed to the Central Mental Hospital in Dundrum. Justice Isobel Kennedy ordered that he be examined by an approved medical officer who will report to the court on his condition and ongoing treatment on 8 June.
In a 2016 hearing at the Central Criminal Court, Bijan Afshar, aged 23, pleaded not guilty by reason of insanity for the murder of his mother, Lynn Cassidy, at their Deepdales home in Bray on 26 or 27 June 2014. Dr Brenda Wright, a forensic psychiatrist, testified that Afshar, who has autism with depression, had no control over his actions when he beat his mother to death. She explained that the impending sale of the family house, following his parents' separation, caused him extreme distress and that he believed his only options were to stop the sale or kill himself. Dr Wright described his late‑diagnosed autism, his obsessive behaviours, and his poor emotional regulation, concluding that he was unable to refrain from the assault due to his mental disorder. The prosecution, represented by Dr Ronan Mullaney, agreed with this assessment. The case was set to continue before Justice Isobel Kennedy and a jury of twelve.
In a 2016 case, Bijan Afshar, aged 23, pleaded not guilty to the murder of his mother, Lynn Cassidy, 50, by reason of insanity. The trial, held at the Central Criminal Court, was expected to last three days. Afshar was charged with killing his mother on 26 or 27 June 2014 at her home in Deepdales, Bray. Prosecutor Paul Burns SC informed the jury that two psychiatrists would testify about Afshar's mental condition, specifically his Asperger's Syndrome diagnosis in 2008, and whether it made him unable to refrain from the act. Afshar, the eldest of four sons, had a strained relationship with his mother and had been living with his father and one brother after his parents split. He claimed he was worried about losing the family house, which had been sold, and that his mother's responses were "robotic." Afshar described grabbing his mother by the neck, hitting her with a white mug, and then leaving the scene.
In 2016 a Wicklow civil engineering company, RSJ Civil Ltd, was fined €30,000 after a fatal incident on Kill Avenue, Dun Laoghaire. Polish worker Grzegorz Burczak, aged 31, was struck to death by a manhole cover when a traffic cone that had been knocked over by a passing car detached and hit the cover. The company had failed to provide adequate warning signs, a safety exclusion zone, or sufficient traffic cones. RSJ had entered a plea of guilty at Dublin Circuit Criminal Court for failing to ensure the safety, health and welfare of its employees during work on manhole covers. The court accepted that the accident was largely due to human error and a lapse in training, and noted the company's cooperation and regret. The company subsequently completed a full health and safety review and engaged a consultant to improve its systems. The incident was described as an unavoidable and unnecessary loss of human life.
Naila Zaffer, 38, a former senior claims manager, was given a two‑and‑a‑half‑year suspended sentence after pleading guilty to ten charges of forgery, using a false instrument and theft from IPB Insurance between April 2007 and August 2012. She stole €221,685 in 18 transactions by forging documents, adding fictitious claimants, and directing cheques to accounts she controlled. The fraud was uncovered when a colleague noticed anomalies, leading to an internal investigation, her suspension and eventual dismissal in February 2014. Zaffer claimed the theft was driven by a "physical compulsion" to pay a spiralling drug debt, admitting she spent about €250 a day on cocaine. She has no prior convictions, is currently on social welfare, and the judge suspended the sentence on the condition she attend residential treatment and remain under probation supervision for the full period.
Sean FitzPatrick, former chairman of Anglo Irish Bank, has been scheduled for a new trial on 27 offences under the 1990 Companies Act, including 21 charges of misleading auditors and six of providing false information between 2002 and 2007. The trial, set for Dublin Circuit Criminal Court, will last two to three months and require a 15‑member jury. Judge Rory McCabe adjourned the original May start after concerns that the trial could not finish before the court's summer recess, and set a new start date of 4 October 2016. Sean FitzPatrick pleaded not guilty.
RSJ Civil Ltd of South Winds, South Quay, Arklow faced sentencing for health and safety failures that caused the fatal injury of Polish worker Grzegorz Burczak (31) on 12 June 2012. Burczak was working on a manhole cover on Kill Avenue, Dun Laoghaire, when a traffic cone struck by a passing car detached and hit the cover, fatally impacting him. The company had failed to provide advanced warning signs, a safety exclusion zone, or sufficient traffic cones; only two cones were used, whereas an expert engineer recommended a minimum of nine. RSJ Civil Ltd entered a plea of guilty at Dublin Circuit Criminal Court for failing to ensure the safety, health and welfare of its employees during manhole work. The court adjourned sentencing to 12 May, and the Health and Safety Authority inspector noted that RSJ Civil Ltd was a subcontractor on a development off Kill Avenue.
In 2015, former Anglo Irish Bank Chief Operations Officer Tiarnan O'Mahoney was convicted by a Dublin Circuit Criminal Court jury of conspiring to conceal or alter bank accounts sought by Revenue. He was jailed for three years. The Court of Appeal quashed the conviction and ordered a retrial. O'Mahoney, aged 57, was remanded on continuing bail until July 22, 2016, with a trial date set for October 24, 2016 and a provisional date of October 9, 2017. Judge Melanie Greally noted the case was expected to last six weeks and would be scheduled either in October or November 2016, or October 2017 if not ready earlier. The Court also addressed legal costs, awarding costs for the appeal and ancillary applications but reserving costs for the retrial. The case remains pending, with the retrial to be held before Judge Greally. Tiarnan O'Mahoney pleaded not guilty.
Circuit Court Judge Patrick McCartan has agreed to recuse himself from the trial of Sean FitzPatrick, who faces 27 alleged offences under the 1990 Companies Act. Mr FitzPatrick, 66, of Greystones, Co Wicklow, has pleaded not guilty to these charges, which include 21 counts of making misleading, false, or deceptive statements to auditors and six counts of furnishing false information between 2002 and 2007. The recusal follows a High Court application by the defence, prompted by Judge McCartan's previous presiding role in the trial of three Anglo Irish Bank officials who were jailed for one to three years. Although the Court of Appeal later quashed the convictions of two of those accused, Bernard Daly and Tiarnan O'Mahoney, the defence sought a new judge for this case. Judge McCartan initially refused to step aside but agreed to do so after being directed by the High Court to consult with Circuit Court President Mr Justice Richard Humphreys. Judge Rory McCabe has now been assigned to take the case. Judge McCabe stated he is anxious for the trial to proceed in late May. The proceedings are expected to last three months and will require a specially enlarged jury of 15 members. The matter remains at the pre-trial procedural stage with the trial yet to commence.
A Dublin man, Gary Flynn, aged 31, was sentenced to life imprisonment for the 2009 murder of Seamus Shay O'Byrne in Tallaght. The trial lasted nine weeks, with the jury taking one hour and forty minutes to convict. Flynn pleaded not guilty. The judge, Mr Justice Patrick McCarthy, backdated the sentence to October 2013, the date of Flynn's arrest under a European Arrest Warrant. Flynn was not identified as the gunman; the shooter was identified as Garrett O'Brien, convicted in 2012. Evidence against Flynn included CCTV footage of him traveling with Eugene Cullen, a "Topaz Phone" linking him to the gang, and gunshot residue on a hoodie. The court heard a victim impact statement from O'Byrne's family and girlfriend, Sharon Rattigan, who was also shot during the incident. Flynn was taken to prison to begin his mandatory life term.
The Court of Appeal quashed the convictions of former Anglo Irish Bank executives Tiarnan O'Mahoney (56) and Bernard Daly (67) for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts. The convictions, obtained by a jury at Dublin Circuit Criminal Court, had led to O'Mahoney's three‑year sentence and Daly's two‑year sentence in July 2015. The appeal was successful on several grounds: the proceedings were not commenced within the ten‑year limitation period; the charges were reformulated after the defendants were formally charged, creating a procedural error; the defendants were charged as principals rather than officers; and a substantial number of documents were wrongly admitted as evidence. The court also held that the conspiracy charge against Daly should have been withdrawn from the jury, and that the evidence against him was thin and tenuous. O'Mahoney's appeal was based on multiple complaints about the trial, and the court will consider whether a retrial is necessary.
In a murder trial at the Central Criminal Court, the prosecution argued that Gary Flynn, 31, was linked to the gang that killed Seamus 'Shay' O'Byrne on 13 March 2009. They cited CCTV, mobile phone and forensic evidence, including gunshot residue on Flynn's hoodie and a phone credit purchase at a Topaz garage shortly before the shooting. The prosecution claimed Flynn travelled in a Nissan Primera to Tymon Park with Garrett O'Brien, who shot O'Byrne, and that Flynn's alleged gang members fled after the victim's girlfriend, Sharon Rattigan, tackled O'Brien. Defence counsel countered that Flynn's phone use was not proven and that he may have simply bought credit for Eugene Cullen. The jury heard evidence that Flynn was seen with Cullen in Coolock after the shooting but not during the crime. The case was presented to a jury of nine men and three women, with the trial continuing on Monday. Gary Flynn pleaded not guilty.
The trial of Gary Flynn, 31, of Tallaght, continued at the Central Criminal Court before Justice Patrick McCarthy. Mr Flynn has pleaded not guilty to the alleged murder of Seamus 'Shay' O'Byrne on March 13, 2009, at Tymon Park North in Tallaght. Prosecution evidence presented by Alex Owens SC focused on mobile phone tracing conducted by gardai. Senior crime analyst Sarah Skedd testified that investigators traced calls, texts, and locations of 13 mobile phones believed to be used by a gang. She detailed communications between these devices in the days leading up to the shooting, including a text sent by a phone linked to Eugene Cullen to a device found at the crime scene, which is associated with Garrett O'Brien. The prosecution alleges Mr O'Brien was the shooter. Skedd's evidence, which includes charts of phone interactions, is ongoing. Additionally, Brendan McKenna of Vilicom Engineering provided analysis of mobile mast locations, tracing a phone seized from Mr O'Brien to areas from Bray to Ballymount, and another phone found in a Nissan Primera to Coolock. The trial previously heard from Forensic Science Laboratory analyst Liam Fleury, who stated that fingerprints lifted from the Nissan Primera matched Mr Flynn's. The matter is currently at the trial stage and will continue on Thursday.
In 2016, a Wicklow man, Declan Sheridan, aged 29, had his appeal against a life sentence for the murder of French musician and juggler Charles Sinapayen dismissed. Sheridan, who lived at Sugarloaf View, Sea Road, Kilcoole, had pleaded not guilty to the murder that occurred on the early hours of 29 May 2009 at Richmond Hill, Fassaroe, Bray. Sinapayen, 33, was shot through the window of an apartment he shared with his girlfriend Mary Kinlan. The Central Criminal Court found no known motive and, on 17 June 2011, Judge Paul Carney imposed a mandatory life sentence. Sheridan appealed on the ground that the jury should not have heard evidence of an informal identification procedure conducted at Shankill Garda Station while he was in custody.
A 16‑year‑old orphan was sentenced to three years' detention after he was caught with jewellery stolen from a 90‑year‑old woman during a "terrifying" raid. The victim had been awakened by a man pointing a knife at her, demanding money, and then taking her watch and rings. Gardaí found the teenager hiding under a duvet with the stolen items and, after he whispered to his uncle where he had left them, the jewellery was recovered and returned. The teenager pleaded guilty to handling stolen jewellery on 6 April 2015. He had 10 prior convictions, including a nine‑year sentence for an aggravated burglary in Wicklow, of which five years were suspended. The judge noted his disadvantaged background and, recognising his youth and high IQ, imposed a three‑year term with the suspended portion intended to encourage rehabilitation.
Sinead Branagh, CEO of Dublin‑based Zutec Inc Ireland Ltd, has filed a High Court action to stop her removal from the CEO role. She claims the company appointed another person to the position without notice and seeks injunctions to prevent termination, prevent any other appointment except temporarily, and stop the firm from stating she is no longer connected. The court granted her lawyers permission to serve short notice of the proceedings. Branagh, a 5% shareholder and former COO since May 2015, has worked for the company in various roles worldwide. She was detained in the UAE in 2015, returned to Ireland, and has been on sick leave. After learning of the new appointment, she wrote to the company demanding assurances that she would remain CEO and that the appointment was temporary. The company has not replied, only asking for more time. Branagh's counsel argues the alleged removal violates natural justice.
This report details seven extraordinary exonerations in Irish courts, highlighting cases where the justice system failed accused individuals. Among the validated subjects is Nora Wall, a former nun convicted in 1999 of rape, a charge she did not plead to but was found guilty of. She became the first woman convicted of rape in the State's history and the first to receive a life sentence for the crime, handed down by Mr Justice Paul Carney. However, her sentence was quashed after a prosecution witness admitted fabricating evidence, and in December 2005, the Court of Criminal Appeal declared her conviction a miscarriage of justice. Another subject, Michael Hannon, was convicted in 1999 of sexually assaulting a ten-year-old girl, Una Hardester, and assaulted Hannon's father. Hannon received a suspended prison sentence of four years. In 2009, the Court of Criminal Appeal declared his conviction a miscarriage of justice after Hardester admitted her allegations were fabricated for revenge following a land dispute. Christy Lynch, convicted of the murder of Vera Cooney in 1976, was also exonerated. Lynch claimed his confession was extracted under duress by the Garda murder squad. Although the Court of Criminal Appeal initially ordered a retrial, the Supreme Court ultimately set Lynch free, declaring him an innocent man based on the inadmissibility of his coerced statement. These cases underscore significant failures in the Irish legal process.
The High Court has dismissed an application by Gayle Dunne to cross-examine a US lawyer as part of her bid to halt Irish proceedings against her. The proceedings, brought by Chris Lehane, the official administering Sean Dunne's Irish bankruptcy, arise over alleged invalid transfers of assets to Ms. Dunne, including a South African hotel valued at over €18m. Ms. Dunne, who resides in Connecticut, sought to have the Irish action discontinued, arguing the transfers are already subject to US bankruptcy proceedings where Mr. Dunne was adjudicated bankrupt in 2013. In a preliminary motion, she requested permission to cross-examine Timothy Miltenberger, the lawyer for the US Bankruptcy Trustee. Mr. Lehane opposed this, seeking a reciprocal order to test the evidence of Ms. Dunne's US lawyer, Alec Ostrow. Justice Caroline Costello ruled that cross-examining Mr. Miltenberger was not necessary. Consequently, the application to cross-examine Mr. Ostrow did not arise. The judge adjourned the matter to a date later this month. The case concerns alleged agreements from 2005 and 2008 regarding assets in South Africa, Dublin, and Co. Wicklow. Mr. Lehane claims these agreements have no legal status, while Ms. Dunne asserts they were compensation for starting a family and her career sacrifices. The matter remains ongoing following the adjournment.
A 22‑year‑old burglar, Gerry Wall, was caught on CCTV attempting to exchange a stolen jar of 50‑cent coins for notes at a petrol station next to the house he had broken into. Wall and an accomplice also stole jewellery worth €4,030 and the coins, valued at €58. None of the property was recovered. The burglary took place at a house on Hyde Road, Dalkey, on 9 September 2014, and the house suffered €2,315 of damage. The court heard that several rooms were ransacked and that the homeowner's back‑door window and a window above the sink were smashed. Garda Kevin Carey recovered the CCTV footage, identified the men, and later arrested Wall at his home. The case was adjourned to 27 April for finalisation, with a plea in mitigation to be heard. The judge warned Wall that he was approaching the end of lenient treatment. Gerry Wall pleaded guilty.
Siobhan Hatton, a woman in her 30s from Wicklow, is wanted in the United States over an alleged multi‑million euro steroid enterprise. She appeared briefly at the High Court on 17 February 2016, where her lawyer, Mr Sean Guerin BL, informed Justice Aileen Donnelly that the required psychological report had not been completed. The psychologist had not met with Ms Hatton enough times, causing a delay. Justice Donnelly suggested hiring a new psychologist, but Mr Guerin preferred to continue with the current expert. The court remanded Ms Hatton until 12 April, setting aside two days for the extradition hearing.
This report details five notorious Irish murder cases, including the sentencing of Malcolm McArthur. McArthur pleaded guilty to the murder of Bridie Gargan and was sentenced to life in jail. The article also covers the Grangegorman killings, where Mark Nash was found guilty of the murders of Sylvia Shields and Mary Callinan in 2015, receiving a second life sentence. Although Dean Lyons initially confessed to these crimes, charges against him were dropped in 1998 after psychological testing suggested he was highly suggestible. Additionally, the report notes that Geoffrey Evans and John Shaw were sentenced to life in jail for the murders and rapes of Elizabeth Plunkett and Mary Duffy. Colin Whelan was sentenced to life in 2005 for the murder of his wife, Mary Gough, after faking his death and being extradited from Spain. Finally, Graham Dwyer is described in relation to the murder of Elaine O'Hara, though specific sentencing details for this case are not provided in the text. The validated procedural stage for the highlighted subjects is sentence, with findings of guilt and life imprisonment imposed for the proven charges.