Court archive

Court reports mentioning Wicklow

2024-02-26 · Dublin

Pair of repeat offenders jailed for 'cowardly, nasty and violent' attack on US tourists

In a Dublin Circuit Criminal Court hearing, two repeat offenders, Cian Cleary (23) and Patrick McCarthy (28), were sentenced for a "cowardly, nasty and violent" assault on twin American tourists aged 20. The incident occurred on July 19 when the men were walking home through Temple Bar. Cleary, who had 61 prior convictions, and McCarthy, with 18 prior convictions, attacked the tourists, punching, kicking, and robbing one of them. CCTV footage showed the attackers separating the brothers, assaulting them, and stealing a wallet and mobile phone. Cleary received a three‑year, three‑month sentence with nine months suspended; McCarthy received a two‑and‑a‑half‑year sentence with twelve months suspended. Both were warned that the suspended portions could be enforced if they reoffend during probation. The court noted the assault's severity and the victims' injuries, including a brain scan for one and a sore, shaken condition for the other. Cian Cleary pleaded guilty. Patrick McCarthy pleaded guilty.

2024-02-26 · Wicklow

Drugs sentence reduced after court hears defendant's two children died in house fire

James McGinn, 35, of Bray, was found guilty of possession of drugs for sale or supply after a search of his home revealed €197,000 worth of cocaine and cannabis. He pleaded guilty on 22 January 2023. The court noted his four prior convictions for minor traffic offences and his admission that he was holding the drugs to reduce an €8,000 debt. McGinn's case was marked by the tragic loss of his two children and another family member in a 2017 house fire, which his defence argued was the root of his addiction. Judge Martin Nolan, citing these exceptional circumstances, imposed a sentence of four and a half years, suspending the final three years on strict conditions. The remaining one and a half years of custodial time were to be served, with the court recognising McGinn's previous good conduct and his 11‑month period of sobriety. The sentence was delivered on 26 February 2024.

2024-02-26 · Galway

Married schoolteacher's one-year sentence for sexual exploitation of girl (16) was too lenient, court finds

John Murphy, a 43‑year‑old married secondary school teacher, was found guilty of sexually exploiting a 16‑year‑old girl via Instagram between June 2017 and June 2018 and of possessing child pornography in 2008 and 2010. He pleaded guilty at Wicklow Circuit Criminal Court in July 2023. The Court of Appeal, after reviewing a probation report that highlighted Murphy's hostility to women, medium risk of reoffending, and the serious impact on the victim, ruled that the original one‑year sentence was too lenient. The appeal court doubled the sentence to three years, suspended the final 12 months, and clarified that the effective custodial term is 24 months. The decision was based on aggravating factors such as the prolonged communication, explicit sexual content, and the victim's vulnerability, while mitigating factors like Murphy's lack of prior convictions and cooperation with Gardaí were deemed insufficient to offset the seriousness of the offences.

2024-02-19 · Wicklow

Michael Lynn gets 5.5 years for stealing over €18m from banks

Former solicitor Michael Lynn, aged 55, was found guilty of stealing €18,144,385 from six banks during the Celtic Tiger era. He was convicted on ten counts of theft in a Dublin Circuit Criminal Court trial; the jury could not agree on the remaining eleven counts. Judge Martin Nolan sentenced Lynn to five and a half years' imprisonment, crediting him for seven and a half years spent in Brazilian prison. The headline sentence was 13 years, but the final imposed term was five and a half years, with the credit for time served. Lynn was extradited from Brazil in 2018 after spending four and a half years in a harsh prison. He and his wife Brid Murphy were present at sentencing, showing no visible reaction. The court set a hearing for asset confiscation on 16 April. Michael Lynn pleaded not guilty.

2024-02-16 · Dublin

Fraudsters jailed over €5.5m Ponzi scheme targeting retired investors are made liable for debts

In a High Court ruling, Mr Justice Brian O'Moore declared that Garret Hevey and David Peile, jailed in 2019 for a €5.5 million forestry investment Ponzi scheme, were personally liable for Arden FM's debts. Hevey was ordered liable for €3.8 million, while Peile was ordered liable for an unspecified portion that will be determined at a future hearing. The court found that Arden FM, operated by the pair, had deceived mainly older foreign investors into believing their money would purchase forest land and yield returns after tree sales. In reality, the company spent only €133,000 on 30 acres of land and returned €393,000 to investors. The liquidator, Declan De Lacy, sought the orders, and the judge confirmed the fraudulent nature of the scheme and the defendants' intent to defraud creditors. The case remains at the stage of finalising Peile's liability. Garret Hevey pleaded guilty.

2024-02-14 · Ireland

Company getting 20,000 calls per day from customers who can't redeem money from prepaid cards, High Court told

In a High Court hearing on 14 February 2024, the liquidators of PFS Card Services Ireland Ltd (PCSIL) confirmed that the company, owned by the Australian fintech group EML, had been receiving about 20,000 daily calls from customers who could not redeem money from prepaid cards. The creditors, Creacard SA and Klopercom Limited (trading as Veritas), claimed they were owed €15 million and expressed concerns over customers' inability to activate funds and over a purported sale of the company's secure online portal to its shareholder Prepaid Financial Services (Ireland Limited) two days before liquidation. The liquidators, Kieran Wallace and Andrew O'Leary, were appointed provisional liquidators in March and confirmed as official liquidators by Justice Liam Kennedy. They acknowledged the creditors' concerns, began addressing them, and will seek independent advice on the asset sale.

2024-02-08 · Dublin

Addict pulled knife on man who drove him to buy crack, hijacked his car

Dale Kavanagh, 29, of Arklow, was sentenced to two and a half years' imprisonment for assault causing harm, unlawful seizure of a vehicle and driving without insurance. He was driven to Dublin by a man to buy crack cocaine, then attacked that man, hijacked his car with a knife and dragged the owner about ten metres. Garda Tom Balfe reported that Kavanagh had been driven to Dublin for drug purchase, that the car owner was known to him, and that the hijacking involved a knife and the theft of €200. Kavanagh pleaded guilty, was found to have a history of drug use from age 14 and heroin addiction from 21, and was described by his lawyer as remorseful and drug‑free.

2024-02-01 · Dublin

Teen with no priors robbed €4k from woman planning to buy car for son

Miley McDonald, 19, was sentenced by Judge Orla Crowe to a fully suspended two‑year imprisonment for robbing €4,000 in cash from a woman who had withdrawn the money to buy a car for her autistic son. The robbery took place on 18 November 2021 in Wicklow Town when McDonald, then 17, followed the victim from an AIB branch, seized the envelope of €50 notes, and fled in a silver Peugeot. The money was recovered under the passenger seat after the vehicle was stopped at a Garda checkpoint. McDonald pleaded guilty and expressed remorse, noting the incident was isolated. The judge highlighted the victim's ongoing distress and the lack of prior convictions, and warned that any future Garda attention could lead to the sentence being re‑entered. The case remains at the District Court stage.

2024-02-01 · Dublin

Businesswoman claims she has 'serious concerns' over €1m investment in Irish firm

Ms Li Sun, a Dublin-based Chinese businesswoman, has launched High Court proceedings against Clonmannon House Retirement Village Limited. Ms Sun claims she invested €1m in 2019 through the Irish Immigrant Investor Programme, expecting to secure an Irish Visa and receive €1.3m, including interest, after five years. She alleges she has only received €100,000 and that the defendant has refused to provide quarterly management accounts or allow inspection of its books. Ms Sun expresses concern that the company may dissipate assets to avoid payment. The defendant's solicitors have denied any wrongdoing and stated Ms Sun has no reason for complaint. Ms Sun, represented by Sean O'Sullivan BL, secured a temporary High Court injunction on an ex-parte basis from Mr Justice Mark Sanfey. The order restrains the defendant from disbursing, dissipating, or disposing of any monies received from the sale or disposal of its assets or shares. The judge noted the need for caution in granting freezing orders after hearing only one side but was satisfied to grant the temporary order. The matter was adjourned to a date later this week. Ms Sun also seeks judgment for €1.3m, damages for breach of contract, and orders directing the defendant to provide accounts and freeze assets below a certain level pending the determination of the proceedings.

2024-01-22 · Dublin

Pair jailed over €700k drugs operation

Killian McCabe, aged 27, was arrested on 20 November 2022 in Knocklyon, Dublin, with €718,240 worth of cannabis, cannabis resin, cocaine, amphetamine and heroin in two vans. He also had €30,800 in cash seized. Charlene Murphy, aged 33, was found with €87,240 worth of cannabis resin in her car and an additional €4,480 worth of cocaine in her home. Both pleaded guilty to possessing drugs for sale or supply; McCabe also pleaded guilty to possessing proceeds of crime. McCabe, with 43 prior convictions, was sentenced to eight years' imprisonment. Murphy, with 25 prior convictions, was sentenced to two years' imprisonment. The sentences were imposed by Judge Martin Nolan in the Dublin Circuit Criminal Court. The article reports the convictions and sentences only, without further speculation or future outcomes.

2024-01-22 · Wicklow

Man carried out 'brutal assault' on partner after drinking for five days

Dainius Sakevicius, 54, pleaded guilty to one count of assault causing harm on 26 December 2022 after drinking for five days. He entered his former partner's bedroom about 30 minutes after she had gone to bed at 10.10pm, looking for a speaker, and punched her repeatedly on the forehead, right eye, nose and mouth. The victim sustained bruising, swelling, a loose tooth and arm soreness, and was treated at St Vincent's Hospital before being referred to St James's Hospital. Photos and a medical report were presented to the court. Gardai found Sakevicius intoxicated at his Bray address and deemed him unfit for interview. The victim later withdrew her statement and declined a victim impact statement. The case was adjourned to 14 April for finalisation, with a probation report to be compiled. The court noted Sakevicius had no prior convictions and had paid over €4,000 for the victim's medical costs.

2024-01-17 · Wicklow

Appointment of provisional liquidators to pre-paid card firm may lead to 'considerable unease', High Court told

In a High Court hearing on 17 January 2024, Mr Justice Mark Sanfey appointed Kieran Wallace and Andrew O'Leary of Interpath Advisory Ireland as joint provisional liquidators for PCSIL, a prepaid card firm owned by the Australian fintech group EML. The court was told that PCSIL, which holds €516 million of segregated customer funds and issues 2.4 million prepaid cards, is currently solvent but loss‑making, having lost €7.3 million in 2022 and expecting further losses in 2023 and the current year. The firm's business model was deemed no longer commercially viable, and its parent had decided that further investment was not justified. PCSIL had faced compliance issues with the Central Bank of Ireland, including anti‑money‑laundering concerns, leading to regulatory restrictions. The court noted that appointing liquidators would allow professional communication with customers and employees, and that the Central Bank was not objecting to the application. The matter was adjourned to a date next month.

2024-01-15 · Wicklow

Sentencing of Michael Lynn delayed as defence seeks psychological report

Michael Lynn, aged 55, was found guilty of 21 counts of theft involving nearly €18 million stolen from six banks during a Dublin Circuit Criminal Court trial last year. The jury reached verdicts on 10 counts but could not agree on the remaining 11. Lynn, a former solicitor and property developer, had pleaded not guilty to all charges. He has no prior convictions and has been in custody since his conviction just before Christmas. The sentencing hearing scheduled for 15 January 2024 was adjourned for two weeks to allow his defence team to obtain a psychological report. Judge Martin Nolan set a new sentencing date of 19 February 2024. The adjournment was requested to address matters concerning Lynn's psychological health and detention status.

2024-01-12 · Wexford

Overworked Bord na Móna driver feared he would 'kill family in lorry', WRC hears

In a Workplace Relations Commission hearing, Daniel Picton, a Bord na Móna truck driver, alleged that he had been forced to work excessive hours and was denied the statutory 11‑hour rest between shifts. He claimed to have averaged nearly 50 hours a week for a year, with only one documented breach of the rest requirement in July 2023. Picton said he had repeatedly complained to management about fatigue, including a statement that he feared he might "kill a family in the lorry," but was told to continue the run. He said a manager threatened to take him to court and refused alternative working arrangements. Bord na Móna admitted "nominal" breaches of working‑time legislation but argued the violations were not routine and that Picton had voluntarily worked overtime. The adjudication officer will issue a written decision later.

2023-12-21 · Dublin

Banker who moonlighted in Dublin pub wins €25k for 'heartless' dismissal

Alan Ecock, a banking professional who had worked as a barman at Kavanagh's pub for nearly 30 years, was dismissed by the pub's owners in April for cost‑cutting. He claimed the dismissal was heartless and unlawful. Ecock had been employed full‑time by AIB since 1994 and worked two nights a week at the pub, a fact unknown to his bank colleagues. The pub's owners, the Peacock family, argued that Ecock was self‑employed and therefore not entitled to employment rights. The tribunal found Ecock was an employee under the Revenue code, and that the owners had breached the Unfair Dismissals Act by failing to consult or offer alternatives. Ecock was awarded €22,750 for unfair dismissal, €2,000 for lack of notice, and €1,000 for no written statement, totalling €25,750. The case was heard under the Unfair Dismissals Act 1977 and related statutes.

2023-12-20 · Wicklow

'Fairytale': the trials of Michael Lynn

The multi‑million euro theft trial of former solicitor Michael Lynn, aged 55, ended after two trials totalling 24 weeks. The first trial in spring 2022 failed to reach a verdict after 16 weeks of evidence. The second trial, held in October 2023, lasted eight weeks. Lynn was charged with 21 counts of theft for taking about €27 million from seven financial institutions between October 2006 and April 2007 while working as a solicitor and property developer. He pleaded not guilty. The prosecution alleged that Lynn obtained multiple mortgages on the same properties, forged documents, and used the loans for overseas property developments. Lynn denied the allegations, claiming banks had allowed him to use the money for such projects. The trial concluded with the jury still undecided, and no verdict was reached.

2023-12-20 · Antrim

First person convicted of insider trading in history of State fined £60k

Declan Service, a 63‑year‑old former multinational employee now a carer, was fined £60,000 at Dublin Circuit Criminal Court for insider trading. Between 18 and 22 May 2020, he used confidential information about Open Orphan's discounted share sale to sell his 3.89 million shares before the public announcement and then buy back a smaller amount at the lower price. The court heard he made a profit of about £11,500, which could have risen to £44,000 if he had held the shares for a year. Service pleaded guilty, admitted the wrongdoing, and expressed regret. He faces a potential 18‑month prison term when sentencing is finalised next February. The judge noted his cooperation, good character, and mental health issues as mitigating factors, but confirmed the insider‑trading offence. The fine was ordered to be paid to his solicitor's account.

2023-12-20 · Wicklow

Michael Lynn guilty of stealing €17.9m from banks

In a Dublin Circuit Criminal Court hearing, a jury convicted former solicitor Michael Lynn on ten counts of theft, finding him guilty of stealing approximately €17.9 million from six financial institutions between 2006 and 2007. The verdicts were delivered after a two‑day, eight‑week trial and six and a half hours of deliberation. The jury could not reach a verdict on the remaining eleven counts, including a single count against Bank of Ireland alleging a €2.7 million theft. Judge Martin Nolan remanded Lynn in custody and set a sentencing date for 15 January. Lynn, who had pleaded not guilty to 21 theft charges, had previously been struck off the roll of solicitors and had spent time in Brazilian prison before extradition. The case centred on Lynn's alleged use of "off‑the‑books" agreements to obtain multiple mortgages on the same properties, a practice he claimed was common in Celtic Tiger Ireland.

2023-12-19 · Wicklow

Jury to continue deliberating in Michael Lynn trial

The jury in the multi‑million euro theft trial of former solicitor Michael Lynn retired after a day of deliberation, having spent three hours and 45 minutes in the courtroom. Judge Martin Nolan sent them home, and they will resume consideration of their verdicts tomorrow. Lynn, 55, of Millbrook Court, Redcross, Co Wicklow, faces 21 counts of theft for allegedly stealing about €27 million from seven financial institutions between 23 October 2006 and 20 April 2007. He has pleaded not guilty. The trial continues.

2023-12-18 · Wicklow

Michael Lynn trial jury ready to start considering verdict

The jury in the multi‑million euro theft trial of former solicitor Michael Lynn is ready to begin deliberations after Judge Martin Nolan delivered his charge on day 33. Judge Nolan instructed jurors to set aside prejudice and remain dispassionate, noting that most people dislike banks and that reckless behaviour had harmed the state. Lynn, 55, is accused of stealing about €27 million from seven financial institutions between 2006 and 2007, including Bank of Ireland, National Irish Bank, Irish Life and Permanent, Ulster Bank, ACC Bank, Bank of Scotland Ireland and Irish Nationwide Building Society. He pleaded not guilty to 21 counts of theft. The prosecution alleges Lynn obtained multiple mortgages on the same properties without banks knowing other lenders were involved, while the defence claims he had "off‑the‑books" agreements with all banks to use the loan money for overseas property developments, and that the banks were aware of this purpose.

2023-12-18 · Wicklow

Murder accused in tears as jury fail to reach verdict

A woman accused of murdering her former housemate became visibly distressed when a jury at the Central Criminal Court failed to reach a verdict following a month-long trial. The jury of twelve spent seven hours and 33 minutes deliberating before informing Mr Justice Paul McDermott that unanimity was impossible. The judge had indicated he would accept a majority verdict of at least ten jurors before they returned unable to agree. Nicola Brennan, 33, of no fixed abode, had denied murdering Juris Viktorovs at Shillelagh, Ballyconnell, County Cavan, on 10 February 2022. The prosecution case centred on eye-witness testimony and forensic evidence. The defence challenged the consistency and reliability of the key witness account and questioned whether guilt had been established beyond reasonable doubt. Mr Justice McDermott adjourned the matter until 24 January 2024, when a date for retrial will be set. The jurors were discharged and exempted from further service for ten years. Nicola Brennan pleaded not guilty.

2023-12-15 · Wicklow

'He lived for the next big deal': Michael Lynn a 'greedy risk taker', prosecution tell jury

In a Dublin Circuit Criminal Court hearing on 15 December 2023, former solicitor Michael Lynn, aged 55, faced 21 counts of theft for allegedly siphoning about €27 million from seven banks between October 2006 and April 2007. Prosecutor Karl Finnegan SC portrayed Lynn as a "greedy risk‑taker" who used multiple mortgages on the same properties, claiming the banks were unaware of other lenders. Lynn testified that he had "off‑the‑books" agreements and a secret deal with former Irish Nationwide chief Michael Fingleton to use Irish Nationwide funds for overseas property development. Finnegan argued that the alleged arrangements were "implausible" and that the banks had no knowledge of any conspiracy. Defence counsel Paul Comiskey O'Keeffe BL countered that Lynn's "profit‑share" agreement with Fingleton and the banks' awareness of his borrowing meant no deception had occurred, and that the prosecution's case relied on alleged "undertaking‑only" mortgages that the banks had never formally documented. Michael Lynn pleaded not guilty.

2023-12-15 · Wicklow

Jury to continue deliberating in trial of woman accused of murdering former lover

The jury at the Central Criminal Court continues deliberating in the trial of a woman charged with murdering her former lover. Nicola Brennan, aged 33, denies the murder of Juris Viktorovs, a 36-year-old Latvian national, at Ballyconnell, County Cavan, on 10 February 2022. The jury of eight men and four women has spent five hours and ten minutes in deliberation across two days, beginning Thursday afternoon. They are scheduled to resume Monday morning at 10am. The prosecution's case rests primarily on eyewitness testimony and forensic evidence, while the defence has challenged the reliability of the witness account and urged the jury to consider inconsistencies in the evidence presented. Mr Justice Paul McDermott has directed the jury that the prosecution must prove its case beyond reasonable doubt, and that murder requires proof of both the infliction of the fatal wound and intent to kill or cause serious harm. Nicola Brennan pleaded not guilty.

2023-12-14 · Wicklow

Prosecutors tell Michael Lynn he's maligned others to 'save his skin'

In a Dublin trial, former solicitor Michael Lynn, aged 55, denies allegations of stealing about €27 million from seven banks between October 2006 and April 2007. He rejects the prosecution's claim that bank employees conspired to ignore normal lending practice and disputes that he misled the banks. Lynn says he obtained multiple mortgages on the same properties with the banks' knowledge and that he had "off‑the‑book understandings" with former INBS CEO Michael Fingleton. He argues the banks were aware of the purpose of the loans and consented. Prosecuting counsel, Karl Finnegan, accuses Lynn of blaming others, naming names, and maligning their characters to protect himself. Lynn maintains he had no intention to deceive or steal and that he planned to repay the loans through overseas property development. The case proceeds before Judge Martin Nolan and a jury. The unnamed accused pleaded not guilty.

2023-12-14 · Wicklow

Jury deliberating in trial of woman accused of murdering former lover

A jury at the Central Criminal Court has begun deliberating in the trial of a woman charged with murdering her former lover in Ballyconnell, County Cavan. Nicola Brennan, aged 33, denies the charge of murdering Juris Viktorovs, a 36-year-old Latvian national, by stabbing him on 10 February 2022. The prosecution case relies on eyewitness testimony and forensic evidence, including blood found on the accused's clothing. The defence has challenged the reliability of the primary witness and questioned whether the evidence proves guilt beyond reasonable doubt. The jury of eight men and four women spent nearly two hours considering their verdict before adjourning. They are scheduled to return to court tomorrow. Justice Paul McDermott instructed the jury that the prosecution must prove its case to the standard of beyond reasonable doubt, and that murder requires proof of intent to kill or cause serious harm.

2023-12-13 · Wicklow

Michael Lynn tells trial he was 'requested' to move abroad during 'financial tornado'

During his multi‑million euro theft trial, former solicitor Michael Lynn, aged 55, explained that a High Court order on 15 October 2007 froze his accounts and suspended him as a solicitor. He said he was asked to relocate abroad to "batten down the hatches" amid the 2008 financial crisis. Lynn moved first to London, then Portugal, and later to Brazil in 2011, where he taught English and sought opportunities. He denied evading Gardaí between 2008 and 2011, claiming he had followed legal advice and informed authorities of his whereabouts. Lynn was arrested in August 2013 and spent four and a half years in Brazilian prison before returning to Ireland in March 2018. He is on trial for 21 counts of theft, accused of stealing about €27 million from seven Irish financial institutions between October 2006 and April 2007. The trial is before Judge Martin Nolan and a jury. The unnamed accused pleaded not guilty.

2023-12-13 · Cavan

Woman had no motive to kill former lover, defence tell jury

At the Central Criminal Court, defence counsel has urged a jury to acquit Nicola Brennan of murdering Juris Viktorovs in Ballyconnell, County Wicklow, on 10 February 2022. Colman Cody SC submitted that the evidence against his client does not establish guilt beyond reasonable doubt and that she had no motive to kill the deceased. He highlighted inconsistencies in the prosecution's main witness, noting that Brenda Kane made no mention of seeing Ms Brennan stab Mr Viktorovs during three initial interviews, only describing this during a later cognitive interview. Mr Cody also contended that forensic evidence, including blood on Ms Brennan's clothing, could be explained by her assisting in moving the body. He submitted that the level of intoxication present, together with the chaos of the circumstances, meant the jury could not be satisfied that Ms Brennan possessed the necessary intent for murder. Mr Justice Paul McDermott will continue his charge to the jury. Ms Brennan, aged 33, has pleaded not guilty to murder.

2023-12-12 · Wicklow

Michael Lynn tells trial of alleged 'off the book' loan arrangements with bankers

During a Dublin Circuit Criminal Court hearing on 12 December 2023, former solicitor Michael Lynn, aged 55, explained that he had engaged in "off‑the‑book" loan arrangements with bankers, including former Irish Nationwide chief Michael Fingleton. Lynn said he met Fingleton in 2006 to sign a "memo of understanding" that would give Fingleton a stake in the third stage of Lynn's Portuguese apartment development, Cabanas 3. He claimed the memo was drafted by an English lawyer and that other bankers received discounts on apartment purchases, naming Ciaran Farrell of Permanent TSB as one who allegedly benefited from an "artificial deposit" on a Portuguese apartment. Lynn said the off‑book documents were mainly emails sent to bankers' addresses linked to his property companies, Kendar Holdings and Kendar Global. He denied that any other banker agreed to a stake in a development and said the Portuguese project never proceeded after 2007. The unnamed accused pleaded not guilty.

2023-12-12 · Cavan

Only eye witness in woman's murder trial can't be relied upon, defence tell jury

The Central Criminal Court heard closing arguments on Tuesday in the trial of a woman accused of fatally stabbing her housemate in Ballyconnell, County Cavan, in February 2022. Nicola Brennan, aged 33, denies murdering Juris Viktorovs during an incident at a shared residence. The defence argued that the sole eyewitness to the alleged stabbing gave inconsistent accounts across multiple garda interviews and court testimony, and therefore cannot be relied upon to prove guilt beyond reasonable doubt. Prosecution counsel countered that independent evidence supports the eyewitness version and highlighted contradictory statements made by the accused in emergency calls and police interviews as indicative of culpability. The jury of twelve was instructed to consider the effect of alcohol intoxication on the accused's state of mind. Closing arguments continue. Nicola Brennan pleaded not guilty.

2023-12-12 · Wicklow

Supreme Court to hear Graham Dwyer's appeal next month

The Supreme Court will hear Graham Dwyer's appeal against his 2015 conviction for the murder of Elaine O'Hara on January 16. The one-day hearing centres on whether call data records used at trial should lead to a retrial, following declarations that retaining mobile phone data breached rights under the European Charter. Dwyer's lawyers argue the data retention constituted mass surveillance, while the DPP opposes the application. The Supreme Court agreed to hear the case, citing significant issues of general public importance regarding the admissibility of evidence obtained under a 2011 law later struck down by the Court of Justice of the European Union. In a preliminary hearing before Mr Justice Maurice Collins, the judge confirmed a timetable for legal submissions and asked the DPP and Dwyer's team to inquire if the Irish Human Rights and Equality Commission wishes to participate. Dwyer, who denies murdering O'Hara, was originally convicted by a jury at the Central Criminal Court. Mr Justice Tony Hunt sentenced him to the mandatory term of life imprisonment, describing the killing as a chilling and premeditated murder following a protracted campaign of manipulation and abuse. Although the Court of Appeal dismissed his conviction appeal last March, finding the call data evidence did not cause a miscarriage of justice, the Supreme Court is now reviewing the legal characterisation of the data's illegality and the scope of legislation governing conviction appeals.

2023-12-11 · Wicklow

Michael Lynn takes the stand at own €27m theft trial

Michael Lynn, a former solicitor from County Wicklow, has begun giving evidence at Dublin Circuit Criminal Court in his trial on charges relating to approximately €27 million in alleged theft from seven financial institutions. Mr Lynn, aged 55, outlined his professional background to the jury, describing his career path from qualification in 1994 through to establishing his own practice in 1997, which eventually expanded to 15 staff members. He also detailed his involvement in property investment and development, including projects in Carrick-on-Shannon, County Leitrim, and Portugal. The prosecution alleges Mr Lynn obtained multiple mortgages on identical properties without the knowledge of participating banks. Mr Lynn has pleaded not guilty to 21 counts of theft occurring between October 2006 and April 2007. The trial, before Judge Martin Nolan and jury, continues with Mr Lynn's evidence ongoing.

2023-12-09 · Wicklow

'Quite a strange move': Michael Lynn trial hears of cancelled interviews, move to Brazil

In a Dublin Circuit Criminal Court hearing on 9 December 2023, former solicitor Michael Lynn, aged 55, faced 21 counts of theft involving about €27 million from seven banks between October 2006 and April 2007. Retired Inspector Patrick Linehan, who led the investigation, explained that Gardaí had arranged interviews with Lynn in 2011, first in Portugal and later in London, but the meetings were cancelled because Lynn's solicitors were not all available. Lynn had moved to Brazil before the October 2011 interview, a fact Gardaí only learned after the interview was postponed. Linehan noted that Gardaí had monitored Lynn's movements via Interpol and had no extradition treaty with Brazil. He also said Gardaí had not received a direction from the Director of Public Prosecutions to charge Lynn while he was in Portugal. The unnamed accused pleaded not guilty.

2023-12-07 · Wicklow

Law Society member tells Michael Lynn trial she's 'never' come across 'undertaking only' mortgage

In the Dublin Circuit Criminal Court, 55‑year‑old Michael Lynn stands trial for 21 counts of theft, accused of siphoning roughly €27 million from seven financial institutions between October 2006 and April 2007. Lynn maintains that the mortgages he secured on the same properties were "undertaking‑only" mortgages, not first legal charges, and that banks were unaware of overlapping financing. Suzanne Bainton, a practising solicitor and member of the Law Society's conveyancing committee, testified that she has never encountered a solicitor's undertaking‑only mortgage where a bank could claim against a solicitor's professional indemnity insurance. She explained that such undertakings are intended to reduce lending costs and rely on implicit trust in solicitors, noting that insurance coverage for solicitor fraud does not exist. Bainton also clarified that the undertaking is not meant for commercial lending, though banks may accept it. Michael Lynn pleaded not guilty.

2023-12-06 · Wicklow

ACC's €3.7m loan to Michael Lynn was for private home and was not commercial, witness says

An ACC Bank fraud officer has given evidence at Dublin Circuit Criminal Court in the ongoing theft trial of Michael Lynn, a former solicitor. Mr Lynn, aged 55 and resident in County Wicklow, faces 21 counts of theft relating to alleged offences between October 2006 and April 2007, with a total value of approximately €27 million across seven financial institutions. The prosecution alleges Mr Lynn obtained multiple mortgages on identical properties without the lenders' knowledge. The witness confirmed that a €3.7 million loan provided by ACC to Mr Lynn in 2007 for the purchase of Glenlion House in Howth was classified as a private residential mortgage and not a commercial facility. He stated the bank would not have advanced funds had it been aware that the Irish Nationwide Building Society and Bank of Scotland Ireland had simultaneously provided loans totalling over €8 million for the same property. The trial, before Judge Martin Nolan, continues. Michael Lynn pleaded not guilty.

2023-12-06 · Wicklow

Woman accused of murder denied housemate died after 'fit of jealousy and rage'

A woman standing trial for murder has denied allegations that her housemate died following a fit of jealousy and rage. Nicola Brennan, 33, pleaded not guilty to the murder of Juris Viktorovs, 36, at Ballyconnell, County Cavan, on 10 February 2022. At the Central Criminal Court, the jury heard that Ms Brennan initially told gardaí her boyfriend carried out the attack, later suggesting it may have been the deceased's partner. Forensic evidence presented showed blood belonging to the deceased on the cuff of Ms Brennan's pyjamas. The court also heard testimony regarding fake pink fingernails found at the scene and in garda custody. Ms Brennan maintained she was asleep at the time of the incident and had no reason to harm the deceased, whom she described as a good friend. The trial, before Mr Justice Paul McDermott, continues with a jury of twelve.

2023-12-05 · Wicklow

Trial hears that Michael Lynn's financial affairs were an 'open book'

During the trial at Dublin Circuit Criminal Court, former solicitor and property developer Michael Lynn (55) pleaded not guilty to 21 counts of theft, accused of stealing about €27 million from seven banks between October 2006 and April 2007. The prosecution argued that Lynn secured multiple mortgages on the same properties, with banks unaware that other institutions were also financing the same assets. John Kinsella, a partner at Kinsella Mitchell & Associates and former auditor for Lynn's company Kendar Holdings Limited, was cross‑examined. Kinsella admitted that Lynn had a favourable relationship with banks and was never denied a loan. He also confirmed that Lynn's financial affairs were "an open book" and that he had access to Lynn's accounts. The trial continues before Judge Martin Nolan and a jury.

2023-12-04 · Wicklow

Ex Michael Lynn solicitor tells trial she had no knowledge of borrowings, money transfers

During a Dublin Circuit Criminal Court trial, former Michael Lynn solicitor Fiona McAleenan denied any knowledge of Mr Lynn's bank borrowings and claimed she had never been a partner in the practice. Mr Lynn, aged 55, faces 21 theft counts for allegedly stealing about €27 million from seven banks between October 2006 and April 2007. McAleenan said she had only been appointed partner in October 2006 and that she had never been a partner before or after leaving the firm. She denied involvement in any bank transfers or money movements, stating she was unaware of the lending or the amounts. The prosecution's case alleges Mr Lynn secured multiple mortgages on the same properties while banks were unaware of other lenders. McAleenan's testimony concluded after the judge thanked her for her attendance, and the trial continues before Judge Nolan and a jury. Fiona McAleenan pleaded not guilty.

2023-12-01 · Wicklow

Cervi jailed for life for murdering innocent dad-of-three in notorious Bray Boxing Club shooting

At the appeal stage, Gerard Cervi was found guilty of murdering Robert 'Bobby' Messett (50) at Bray Boxing Club, Bray Harbour, Co Wicklow on June 5, 2018. Cervi had pleaded not guilty to the murder charge and also to the attempted murders of Mr Taylor and Ian Britton on the same date and at the same location. However, a jury unanimously found him guilty of the murder of Mr Messett, despite acquitting him of the attempted murder charges. Following today's hearing, Mr Justice Karen O'Connor sentenced Cervi to life imprisonment. The victim's children, Demi and Gary Messett, addressed the court during the sentencing hearing, expressing their grief and frustration over the senseless nature of the crime. No motive was ever advanced for the shooting, and it was confirmed that Mr Messett was not the target. Cervi, who has been in custody for over five years since his arrest in September 2018, was convicted last week after two trials lasting a combined 17 weeks over a two-year period. The matter was adjourned at the appeal stage and was never described as concluded or finalised.

2023-11-29 · Cavan

Witness says murder accused told him knife victim had died of heart attack

A witness at the Central Criminal Court murder trial testified that the accused woman told him the death of Juris Viktorovs resulted from a heart attack rather than stabbing. Paul Troy recounted that Nicola Brennan, aged 33, of no fixed abode, characterised the fatal wound as shallow when he questioned her about the incident. Brennan has pleaded not guilty to murdering Viktorovs, a 36-year-old Latvian national, at Shillelagh, Ballyconnell, County Cavan, on 10 February 2022. During cross-examination, the defence challenged Troy's account of the conversation, with counsel suggesting the accused did not make the statements attributed to her. Troy maintained that his statement to gardaí at the time was truthful. Another witness, Macislavs Obruzcovs, described finding Viktorovs on the floor with a small mark on his chest and no visible bleeding. The trial before Mr Justice Paul McDermott continues.

2023-11-27 · Wicklow

Witness in woman's murder trial accepts there was 'dramatic change' in statements

A witness at the Central Criminal Court has acknowledged a significant shift in her account of events surrounding the death of Juris Viktorovs in Ballyconnell, County Cavan on February 10, 2022. The woman told the court she initially omitted key details from three statements to gardaí but later described seeing the accused stab the deceased. Under cross-examination, she conceded this represented a "dramatic change" in her recollection, attributing the earlier omissions to difficulty processing the traumatic events and her grief. The witness denied allegations that she had been violent towards the deceased during previous disputes. Nicola Brennan, aged 33 and of no fixed abode, has pleaded not guilty to the murder of her housemate, a 36-year-old Latvian national. The trial before Mr Justice Paul McDermott and a jury continues.

2023-11-27 · Wicklow

Ex-Michael Lynn solicitor repeatedly denies she was involved in conveyancing

During the trial of former Michael Lynn solicitor Michael Lynn, aged 55, at Dublin Circuit Criminal Court, Ms Fiona McAleenan repeatedly denied any involvement in conveyancing within the firm. She was called to the stand for a third day and cross‑examined by defence counsel Paul Comiskey O'Keeffe BL. The prosecution presented internal emails and office documents suggesting Ms McAleenan received weekly conveyancing reports, which she denied remembering. She claimed she had no staff and that Mr Lynn was the principal solicitor, stating she performed her work properly and that no issues were raised with her litigation files. Defence counsel highlighted a memo from Mr Lynn in March 2007 requesting her to manage all files and a May 2007 email indicating she would take control of litigation matters. Ms McAleenan maintained she was not involved in conveyancing, offering to call witnesses who could confirm this. The trial, presided over by Judge Martin Nolan, continues with the jury hearing the evidence. Fiona McAleenan pleaded not guilty.

2023-11-24 · Wicklow

BOI official said Michael Lynn should be referred to Law Society, trial hears

In a trial held on 24 November 2023, Michael Lynn, aged 55, faced 21 counts of theft for allegedly stealing about €27 million from seven banks between October 2006 and April 2007. The prosecution argued that Lynn secured multiple mortgages on the same properties without banks knowing other institutions were financing them, and that he stole €2.7 million from Bank of Ireland in December 2006. Witness Arthur King, a Bank of Ireland employee, was cross‑examined about internal emails from March 2004 in which a head‑office official suggested Lynn should be referred to the Law Society. Lynn denied knowledge of the emails. The trial also examined testimony from former solicitor Fiona McAleenan, who resigned in 2007 and later sought advice from the Law Society after receiving letters from banks about shared property charges. The case continues before Judge Martin Nolan and a jury. Michael Lynn pleaded not guilty.

2023-11-24 · Wicklow

Woman describes moment partner was stabbed by housemate

A woman has testified at the Central Criminal Court describing how her partner was fatally stabbed in their bedroom at Shillelagh, Ballyconnell, County Wicklow, on February 10, 2022. Nicola Brennan, aged 33, of no fixed abode, has pleaded not guilty to the murder of Juris Viktorovs, aged 36, a Latvian national. The witness, Brenda Kane, told the jury she observed Ms Brennan enter the bedroom and stab Mr Viktorovs while he sat on the side of the bed. She said Mr Viktorovs attempted to rise but collapsed at the end of the bed. Emergency services were contacted immediately. The prosecution alleges forensic evidence supports their case, including DNA of the deceased found on the knife discovered in a mattress and blood of the deceased on clothing seized from Ms Brennan. The trial before Mr Justice Paul McDermott continues and is expected to last approximately three weeks.

2023-11-24 · Wicklow

Jury finds Cervi guilty of murder over notorious Bray Boxing Club shooting

Gerard Cervi has been found guilty of murdering Robert 'Bobby' Messett at the Bray Boxing Club in Co Wicklow on June 5, 2018. The Central Criminal Court jury unanimously accepted the prosecution's case that Cervi fired nine shots into the gym, killing the 50-year-old father of three. However, Cervi was acquitted of the alleged attempted murders of boxing coach Pete Taylor and Ian Britton, who were injured during the same incident. Cervi, who has no previous convictions, had pleaded not guilty to all charges. Following the verdict, Ms Justice Karen O'Connor remanded Cervi in custody until December 1, when she will hand down the mandatory sentence of life imprisonment. On that date, the Messett family will also have the opportunity to make a statement regarding the impact of the death. The judge offered her condolences to the family, praising their dignity throughout the trial. This verdict concludes a two-year period involving two trials that lasted a combined 17 weeks. The first trial collapsed in 2021 due to juror illness, while the second trial faced significant pre-trial legal issues. In a related procedural matter, the Court of Appeal previously considered Cervi's bail application, noting the difficulty of the case but ultimately keeping him in custody as a trial date was secured.

2023-11-24 · Wicklow

'Slender Man': the trials of Gerard Cervi

A man appeared at the doorway of Bray Boxing Club in County Donegal on the morning of 5 June 2018, dressed in high-visibility clothing and a balaclava, armed with a firearm. During a strength and conditioning class, he discharged multiple shots into the gym. Bobby Messett, a 50-year-old father of three, was fatally wounded. Boxing coach Pete Taylor was also shot but survived his injuries, which included a bullet wound to his chest and bicep. Witnesses described the gunman scanning the room between shots and firing in a sweeping motion across the gym. Several class participants, including a 16-year-old student and other regular attendees, were present during the incident. Taylor was taken to hospital for surgery and required extended medical recovery. The case has proceeded through the Central Criminal Court, with Gerard Cervi facing trial in connection with the shooting. The incident left multiple witnesses traumatised and the local boxing community devastated by Messett's death.

2023-11-23 · Wicklow

Solicitor tells Michael Lynn trial that exec did not have authority to sign her name

During the multi‑million euro theft trial of Michael Lynn, a solicitor who had worked in his practice testified that Ms Fiona McAleenan was never a partner in the firm. McAleenan denied that another legal executive had been authorised to sign her name and claimed she had not consented to such action. She said she had been involved in negotiations about becoming a partner but was ultimately advised not to proceed. McAleenan also stated that she had not signed the solicitor's letters of undertaking that were presented as her work, and that any signatures on those documents were made by former executive Liz Doyle. She maintained that she had not sent an email to a bank manager claiming partnership status and suggested that someone else may have used her account. The prosecution alleges that Lynn obtained multiple mortgages on the same properties, with several banks unaware of the other institutions' financing. Fiona McAleenan pleaded not guilty.

2023-11-23 · Dublin

Former skating gold medallist described as 'gentle soul' as killer found not guilty of murder by reason of insanity

Michael Olohan, a former European figure‑skating gold‑medallist, was described as a "gentle soul" by his sister after a jury found Sean Murphy not guilty of murder by reason of insanity. Murphy, 29, stabbed Olohan to death in August 2020 while they shared an apartment in a low‑support step‑down centre run by St Vincent's Hospital Mental Health Services in Clontarf. The jury heard that Murphy suffered from a severe obsessive‑compulsive disorder (OCD) with psychotic features, which led him to believe that killing would prevent him from going to hell and avert a catastrophe. Two psychiatrists testified that Murphy's OCD was acute and that he could not resist the urge to kill. The jury accepted this evidence and returned a unanimous verdict of not guilty by reason of insanity. Justice Mary Ellen Ring remanded Murphy to the Central Mental Hospital for further psychiatric assessment.

2023-11-23 · Wicklow

Jury to deliberate for third day in Bray Boxing Club murder trial

The Central Criminal Court trial of Gerard Cervi, 36, has reached the jury deliberation stage. Cervi, from Dublin 3, pleaded not guilty to the alleged murder of Robert 'Bobby' Messett and the alleged attempted murders of Pete Taylor and Ian Britton at Bray Boxing Club on June 5, 2018. The prosecution alleged that Cervi was the gunman who fired nine shots, citing CCTV footage of his movements and his DNA and fingerprints found in a Volkswagen Caddy van allegedly used in the attack. Defence counsel argued that a garda's retracted statements indicated investigative irregularities and asserted that there was no evidence linking Cervi to the shooting. Ms Justice Karen O'Connor charged the jury last Friday, instructing them to consider each count separately and reach unanimous verdicts. The jury, comprising six men and six women, began deliberations on Wednesday afternoon. After spending five hours and 51 minutes in discussion, the judge adjourned the proceedings for the evening. The jury was instructed to resume deliberations at the Central Criminal Court at 10.30am the following day. They were reminded not to discuss the case, conduct online research, or engage with social media regarding the trial. The matter remains ongoing as the jury continues to consider their verdicts.

2023-11-22 · Wicklow

Former senior INBS manager tells trial he never met Michael Lynn

During the multi‑million euro trial of Michael Lynn, former INBS senior manager Brian Fitzgibbon testified that he had never met or spoken to Lynn in any capacity, contradicting Lynn's earlier claim of repeated meetings. Fitzgibbon, who had the discretion to approve loan facilities when chief executive Michael Fingleton was unavailable, denied approving Lynn's €4.1 million mortgage for the Glenlion property in Howth. He said the loan was ultimately presented to Fingleton, who signed minimal documentation. Lynn, aged 55, faces 21 counts of theft for €27 million stolen from seven financial institutions between October 2006 and April 2007. The trial, presided over by Judge Martin Nolan, continues with the jury hearing evidence from INBS, Danske Bank, Ulster Bank, Rabobank and others regarding Lynn's alleged fraudulent loans. Michael Lynn pleaded not guilty.

2023-11-22 · Wicklow

Jury deliberating in Bray Boxing Club murder trial

A jury of twelve, split evenly between men and women, is deliberating on the verdicts for Gerard Cervi, a 36‑year‑old from Dublin, who is accused of murdering Robert 'Bobby' Messett and attempting to murder coach Pete Taylor and Ian Britton at Bray Boxing Club on 5 June 2018. The jury has spent 1 hour 47 minutes on the first day of deliberations, having been called out at 2.13 pm. Justice Karen O'Connor addressed the jurors at 4 pm, urging them to pause for the evening and return tomorrow at 10.30 am to resume, and warned them not to discuss the case or use social media. She reminded them that they must consider each charge separately and that a unanimous verdict is required. The trial has heard CCTV evidence, DNA and fingerprints linking Cervi to a van used in the shooting, and the defence has alleged possible investigative misconduct. Cervi has pleaded not guilty to all counts.