A 16-year-old boy has been sent forward for trial at the Central Criminal Court charged with murder following the death of a 17-year-old in Claremorris, County Mayo. The deceased, Dovydas Jenkus, sustained injuries on December 19th of last year and subsequently died. The teenager appeared before Mr Justice Patrick McCarthy, who set a trial date of July 19th. The case will proceed to the Central Criminal Court this summer.
Bryan Ryan (31) of Louisburgh, Co. Mayo, has had his appeal against conviction for murder dismissed by the Court of Appeal. Ryan was convicted in 2013 of the murder of Ian Tobin at Fortlawn Park, Blanchardstown, on May 27, 2007. A jury at the Central Criminal Court returned a majority guilty verdict, and the mandatory life sentence was imposed in March 2013. Ryan's legal team had argued that gardaí possessed "an agenda" to obtain a confession and that admissions made during garda interviews should have been excluded from evidence. Mr Justice George Birmingham, delivering judgment today alongside two other judges, found the trial judge was best positioned to assess these matters and had properly viewed all video evidence. The court upheld the trial judge's findings that Ryan was not oppressed and admissions were not involuntary. The Court of Appeal affirmed the conviction as safe and rejected all grounds of appeal.
Ross Allen, 25, was found guilty of manslaughter for his role in the killing of Christy Daly, a father of eight who lived alone on Bog Lane, Kilbride, Clara, Co Offaly. The Central Criminal Court jury, after nearly nine hours, returned a unanimous verdict of not guilty of murder but guilty of manslaughter. Allen acted as a lookout on 29 December 2013 while two Dublin gang members beat and shot Daly. The judge noted that Allen's intent was to cause injury, not death, and that the state of mind of the accused was central to the case. Allen had previously admitted to hiding a €30,000 bag of drugs near Daly's caravan and had been questioned by Gardaí about his intentions. He was remanded in custody pending sentencing on 18 July. The trial highlighted the gang's belief that Daly had taken the drugs and the subsequent violent confrontation that led to his death.
In the trial of Ross Allen, a 25‑year‑old from Carrickmines, the jury was informed that a majority verdict could be accepted if unanimity could not be reached. Justice Patrick McCarthy instructed the panel of five women and six men that a ten‑to‑one majority would suffice. The jury had deliberated for five hours and 35 minutes before requesting to return the next day. One juror had been discharged earlier due to bereavement. The judge outlined that the verdict could be guilty of murder, not guilty of murder but guilty of manslaughter, or not guilty.
A man was jailed for 20 years after pleading guilty to raping his disabled son and producing child pornography. Europol's international operation traced an Irish user, leading Garda investigators to locate the man via an IP address. A March 2015 search of his home uncovered 12,427 images, including 5,500 involving his son, aged six to seven at the time. He admitted two counts of rape, ten of sexual assault, three of sexual exploitation, two of production of child porn, and one of possession. Judge Tony Hunt noted the breach of trust was magnified by the son's disability and the father's intent to create material for distribution. He cited the man's early guilty plea and remorse as mitigating factors, ordering five years of post‑release supervision and backdating the sentence to April 2015. The judge expressed deep sorrow over the abuse of a disabled child.
During the sixth week of the trial, the court heard that a Garda search of the Waterford home, conducted 15 months after the child was taken into care, yielded no poker or blood‑stained material. The search, authorised by a warrant issued in August 2012, uncovered a camcorder, DVDs and tapes, most of which were family‑related. The father, who is accused of raping his son with a hot poker and forcing the boy to have sex with his mother, is alleged to have filmed some incidents and shown them to others. He is also alleged to have held a gun to the child's head and left him locked in a box. The unnamed accused pleaded not guilty.
A man from Armagh has been sentenced to nine years imprisonment at the Central Criminal Court following his conviction for sexually abusing his partner's daughter over a three-year period while the family lived in Monaghan. Darren Davidson, aged 37, was convicted in March 2016 of eleven counts including sexual assault with an object, sexual assault, and defilement. The offences occurred between 2008 and 2010 when the victim was aged thirteen to sixteen. Following interview with gardaí, Davidson emigrated to Australia but was subsequently arrested at Manchester Airport and extradited to Ireland. Mr Justice Robert Eagar imposed a ten-year sentence with the final year suspended, noting the victim displayed symptoms consistent with abuse by a trusted figure. He reduced the sentence from twelve years in light of Davidson's employment history and medical condition. The court ordered Davidson's registration as a sex offender. The adult victim, who waived anonymity, told the court she initiated the complaint to protect her siblings from further abuse.
In a Central Criminal Court hearing on May 9, 2016, Justice Patrick McCarthy instructed a jury of five women and six men to consider the state of mind of Ross Allen, 25, accused of murdering 47‑year‑old Christy Daly on December 29, 2013, at Bog Lane, Kilbride, Clara, Co Offaly. Allen pleaded not guilty. The judge explained that the jury could convict him of murder, find him not guilty of murder but guilty of manslaughter, or acquit him. He emphasized that the prosecution's case hinges on Allen's intent, based largely on statements he made while in custody in February 2014, where he said he expected to "give Mr Daly a few clouts" and "give him a beating." McCarthy warned that if Allen intended only to cause less than serious injury but the victim died, the charge would be manslaughter.
In 2007, Kieran Lynch, aged 49, was convicted of murdering his partner Catherine McEnery and sentenced to life imprisonment by Mr Justice Paul Carney. Lynch had previously pleaded not guilty at a Galway Central Criminal Court hearing in July 2005. The couple had lived together for ten years and moved into Rose Cottage in Craughwell in June 2005; Ms McEnery was found dead in a bedroom on 17 July 2005. Lynch appealed in December 2013, arguing that the trial judge misdirected the jury on provocation and that fresh evidence of a near‑drowning experience and high‑dose medication should be considered. In July 2015, Mr Justice Donal O'Donnell quashed the murder conviction, citing misdirection on provocation. A retrial was ordered. On the day of the retrial, Lynch was arraigned, pleaded not guilty to murder but guilty to manslaughter, and was remanded in custody. Mr Justice Patrick McCarthy directed that a probation report be prepared for sentencing on 18 July.
In the Central Criminal Court, 22‑year‑old Ross Allen was accused of murdering 47‑year‑old Christy Daly on 29 December 2013 at Bog Lane, Clara, Offaly. Prosecutor Patrick Marrinan argued that Allen, who had recently been released from prison and lived alone in a caravan, had hidden drugs and, after failing to retrieve them, set in motion a plan that involved a gang of armed men. Allen allegedly travelled with a Volvo, met with Dublin gang members, purchased tracksuits and a semi‑automatic machine gun, and later retrieved a hammer and a shotgun. The prosecution claimed Allen knew a serious assault would occur and that the use of a hammer and gun constituted intent to cause serious injury, sufficient for murder. Defence counsel Blaise O'Carroll counter‑argued that Allen's statements to Gardaí were made under duress, that he was not a hardened criminal, and that he had no intention to kill. Ross Allen pleaded not guilty.
A 41‑year‑old man, Declan O'Cualain, was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. In the Central Criminal Court, the prosecution argued that O'Cualain was fixated on paedophilia and believed his brother had abused him, but two forensic psychiatrists testified that he was in a delusional state and should not be held responsible. The jury returned a not‑guilty verdict after 21 minutes of deliberation. Judge Margaret Heneghan ordered O'Cualain to be committed to the Central Mental Hospital (CMH). Dr Sally Linehan, a consultant forensic psychiatrist, reported that O'Cualain had been admitted to the CMH in December 2014, was under her care since February 2015, and had improved insight into his bipolar disorder. She confirmed he was receiving antipsychotic and mood‑stabilising medication and had responded well to treatment. The judge, satisfied with the psychiatric evidence, committed him to the CMH for inpatient care.
The State withdrew a murder charge against a 22-year-old man at the Central Criminal Court following several days of legal argument. Matthew Gralton, from Mt Prospect, County Roscommon, had pleaded not guilty to the murder of Christy Daly, aged 47, on a bog lane in Kilbride, Clara, County Offaly between 29 December 2013 and 7 January 2014. Prosecution counsel Patrick Marrinan SC entered a nolle prosequi, indicating the decision not to proceed with the case. Justice Patrick McCarthy discharged Mr Gralton from the charge. The trial of Ross Allen, aged 25, with addresses in Carrickmines, County Dublin and Clara, County Offaly, continues. Mr Allen has pleaded not guilty to Mr Daly's murder. The prosecution presented evidence from witnesses during proceedings before the jury, comprising five women and six men. The trial is due to resume before Justice McCarthy on Friday morning.
In the Central Criminal Court, the trial of a man and woman accused of sexually abusing and neglecting their son has entered its fifth week. The proceedings included brief testimony from a garda specialising in child cases, who interviewed the boy in 2011 after he was removed from the family home by social workers. She reported that the eight‑year‑old was distracted and struggled to focus during the interview, and that in a second interview he tried to hide and was very aware of the camera. The boy has previously alleged that his father raped him, sexually abused him with a hot poker, and forced him to have sex with his mother over several years from about age six. He also claims the father filmed some incidents, showed them to others, held a gun to his head, and locked him in a box. The parents face 82 abuse charges from 2007 to 2011 in Waterford. The unnamed man pleaded not guilty.
The jury in the David Mahon murder trial will resume deliberations on Thursday morning to decide whether Mahon killed his stepson, Dean Fitzpatrick, or whether Fitzpatrick's fatal stab wound was accidental or self‑inflicted. Fitzpatrick, 23, died after a stab wound to the abdomen outside the apartment shared by his mother, Audrey Fitzpatrick, and Mahon at Burnell Square, Northern Cross, Dublin. Mahon, 45, pleaded not guilty to murder on 26 May 2013. He claimed the death was an accident or possible suicide, stating that an argument over a water bottle led Fitzpatrick to pull a knife, which Mahon wrestled away and put in his pocket, then later showed to Fitzpatrick, who allegedly stepped onto it. The trial heard that Fitzpatrick ran downstairs, collapsed outside, and bled to death internally. Justice Margaret Heneghan explained the three possible verdicts—guilty, not guilty of murder but guilty of manslaughter, or not guilty—before sending the jury home.
In a trial at the Central Criminal Court, a nine‑year‑old boy alleged that his father raped him with a hot poker, sexually abused him, forced him to have sex with his mother, filmed the incidents, held a gun to his head and locked him in a box. The boy, taken into care when about six, was medically examined by Dr Elizabeth Walsh, who found no bruises, lacerations or scars on his genitals or anus and negative tests for sexually transmitted diseases. Dr Walsh explained that the absence of visible injury does not rule out sexual abuse, noting that 80 % of children show no signs within seven days of abuse and 95 % after more than seven days. The unnamed boy pleaded not guilty.
In the Central Criminal Court, David Mahon's barrister argued that Mahon had no motive to kill his stepson, Dean Fitzpatrick, and that his love for Fitzpatrick's mother, Audrey, gave him every reason not to harm him. The defence suggested that Fitzpatrick's death was caused by self‑impalement and that the jury should decide whether Mahon bore criminal responsibility, not whether the death was his fault. Mahon claimed he wrestled a knife from Fitzpatrick, showed it to him, and that Fitzpatrick walked onto the blade, collapsing and bleeding to death. The barrister highlighted that the prosecution's scientific evidence did not contradict Mahon's account and urged the jury to consider the possibility of an accidental death. The judge informed the jury that they could find guilty, guilty of manslaughter, or not guilty. The case remained at the trial stage.
In a Central Criminal Court hearing on 3 May 2016, Justice Deirdre Murphy adjourned sentencing for Michael Kinsella, 24, who admitted his part in the 2011 stabbing that killed 29‑year‑old Adil Essalhi. Kinsella pleaded guilty to manslaughter in December 2015. The court reviewed details of the incident: Kinsella and his uncle, Wayne Kinsella, took Essalhi from a party to a field in Tallaght where the fatal attack occurred. Wayne Kinsella, already convicted of murder for the same death, was described by defence counsel as a "dominant" force that Kinsella feared. Prosecutor Kerida Naidoo confirmed that Kinsella admitted his role, including bringing a weapon, using it, and later attempting to set Essalhi's body on fire. The State accepted the guilty plea on the basis of these admissions, and Justice Murphy agreed the case constituted an "assault to manslaughter" verdict. Sentencing was postponed until 31 May 2016.
At the Central Criminal Court, an unnamed 48-year-old Waterford man was sentenced to eight concurrent life terms for offences committed between July 2 and July 5, 2015, in Dublin. The defendant pleaded guilty to the rape of two women in various ways, as well as false imprisonment, attempted rape, aggravated burglary, making threats to kill, and aggravated sexual assault. Mr Justice Patrick McCarthy described the offences as "wholly exceptional" and among the most serious cases of their type he had encountered. The court heard that the accused had previously been jailed for three and a half years last December for kidnapping and seriously assaulting one of the victims. During the current proceedings, the judge extended legal aid should the defendant appeal the sentence or conviction. The sentencing followed a detailed account of the assaults, including the victim's daughter hearing the attack via a voicemail, which alerted Gardaí. The defendant's solicitor noted the client had insight into his offending and was awaiting psychological treatment in prison.
During the trial, a foster mother of a 12‑year‑old boy who had been taken into care at eight and moved to her home in March 2012, explained that she had to seek counselling after the child left her home because of the "horrendous stuff" she had to listen to. She said the boy's sexualised behaviour had increased over time, leading to therapy in 2013. The boy had alleged that his father raped him, sexually abused him with a hot poker and forced him to have sex with his mother from about age six. The father is also alleged to have filmed some incidents, held a gun to the boy's head and locked him in a box. The parents face 82 abuse charges between 2007 and 2011, with both pleading not guilty to multiple counts of sexual exploitation, assault and child cruelty.
The trial of David Mahon, 45, for the murder of his stepson Dean Fitzpatrick, 23, has progressed with the court hearing that the deceased had expressed a death wish linked to guilt over his missing sister, Amy. Mahon claimed that Dean had walked into a knife he was holding on purpose, and that the fatal stab occurred outside the apartment shared with Mahon's mother in Burnell Square. The prosecution described the wound as a 'gutting'. Detective Sergeant Eddie Carroll testified that Dean had a history of self‑harm, substance abuse, and a prior death wish, and that he had been admitted to St Ita's Hospital in 2011. Mahon also admitted to having told Gardaí that Dean had stolen his car and run over a policeman in Spain. The prosecution has closed its case, and the trial continues before Ms Justice Margaret Heneghan.
During a trial at the Central Criminal Court, a foster mother of a 12‑year‑old boy who was alleged to have been raped by his father and forced to have sex with his mother, stated that she believes the child's accusations. She described the boy as a "total contradiction," noting that he sometimes behaved child‑like and at other times acted and spoke like an adult, including sexual behaviour. She said she found it hard to believe an eight‑ or nine‑year‑old could fabricate such claims, citing an incident when the boy collapsed crying and nearly couldn't breathe. The boy had previously alleged that his father raped him, sexually abused him with a hot poker, forced him to have sex with his mother, filmed some incidents, held a gun to his head, and locked him in a box. The unnamed 12 year old pleaded not guilty.
During the murder trial of David Mahon, the jury heard memos and video excerpts of Garda interviews in which Mahon, aged 45, claimed that his stepson, Dean Fitzpatrick, had walked into the knife he was holding. Mahon said he had voluntarily approached the Gardaí after his arrest on 26 May 2013, and that Fitzpatrick had pulled the knife on him shortly before the fatal incident. He described the event as a 'gutting' and stated that he had no intention to kill Fitzpatrick. Mahon also discussed his relationship with Fitzpatrick, noting it had been 'up and down', and mentioned a prior altercation in Spain where Fitzpatrick had pulled a knife. The court heard Mahon's statements and the prosecution's opening speech, and the trial continued before Ms Justice Margaret Heneghan.
In the trial of 46‑year‑old David Mahon, the jury heard that Mahon claimed he was not the killer of 23‑year‑old Dean Fitzpatrick, who was stabbed on 26 May 2013. Mahon said he had called the Gardaí from Coolock Garda Station, admitting that he had held a knife but that Fitzpatrick had walked into it. He described an argument the night before, during which Fitzpatrick allegedly brandished a knife. Mahon testified that he had put the knife in his back pocket and that he had no intention to kill Fitzpatrick. The prosecution presented a post‑mortem report describing a 14.5‑cm stab wound to Fitzpatrick's abdomen that caused fatal haemorrhage. The trial is proceeding before Justice Margaret Heneghan and a jury of twelve.
A foster mother testified that a young boy, who had been abused by his father and forced to have sex with his mother, left her foster home because she believed he required more specialist care for his sexualised behaviour. She said the boy had been raped by his father, sexually abused with a hot poker, forced to have sex with his mother, and that the father had filmed some incidents and shown them to others. The father and mother face 82 abuse charges between 2007 and 2011, and both have pleaded not guilty to multiple counts of sexual exploitation, child cruelty, sexual assault and anal rape. The foster mother described the boy's behaviour, including attempts to touch her and his fear of his father, and noted that he was never allowed to be alone with younger children again. The trial is before Mr Justice Robert Eagar and a jury.
In a murder trial, the 46‑year‑old stepfather, David Mahon, is charged with killing his brother, Dean Fitzpatrick, 23, on 26 May 2013. The prosecution described the death as a 'gutting'. Pathologist Dr Michael Curtis testified that Dean Fitzpatrick died from a single stab wound to the abdomen, about 14.5 cm deep, that entered the abdominal aorta, small intestine and ended in the spine, causing massive haemorrhage. He said the wound required moderate or considerable force. When questioned about a possible 'run‑on' – where a person advances onto a knife held by another – he could not distinguish between a run‑on and a deliberate thrust. Dr Curtis also noted old scars on Dean's forearm that might indicate past self‑harm. Forensic scientist Dr Fiona Thornton found a jagged tear in Mahon's shirt and a hole in his jeans, consistent with a knife being placed in his back pocket.
In the Central Criminal Court, 46‑year‑old David Mahon stands trial for the murder of Dean Fitzpatrick, who was stabbed on 26 May 2013. The prosecution presented text messages exchanged between Mahon, Fitzpatrick and Sarah O'Rourke in the days before the killing. O'Rourke testified that Mahon had threatened to stab her and urged her to contact Fitzpatrick, who had earlier claimed he had taken a bicycle part from Mahon. Mahon allegedly returned with a knife, and Fitzpatrick was stabbed in the abdomen outside Mahon's apartment on Burnell Square. Witness Karl O'Toole described Mahon's agitation and the presence of a whiskey bottle and tablet packets in the flat. The jury heard that Mahon claimed he had stabbed Fitzpatrick after a confrontation over the bicycle part. The case is before Justice Margaret Heneghan and a twelve‑person jury.
In a trial at the Central Criminal Court, a child who had been sexually abused and neglected by his parents testified that his father defecated on him as part of the abuse. The child, who had a good relationship with his second foster mother, had previously alleged that his father raped him, sexually abused him with a hot poker, forced him to have sex with his mother, filmed some incidents, held a gun to his head, and locked him in a box. He also claimed his father threatened to kill him if he told anyone. The foster mother, who gave evidence on day eleven, described the child's fear of showers and his father's sexual abuse in the shower, and his fear of being hurt by telling her. She praised the child's bravery and said she loved him. The trial continues before Mr Justice Robert Eagar and a jury.
Ross Allen (25) has pleaded not guilty to the murder of Christy Daly, aged 47, at Bog Lane, Kilbride, Clara, County Offaly between 29 December 2013 and 7 January 2014. His co-accused Matthew Gralton (22) of Mount Prospect, County Roscommon has also pleaded not guilty to the charge. At the Central Criminal Court, Detective Sergeant Jer Glavin gave evidence that Mr Allen told gardaí during interview that he attended a meeting in Clara where the use of violence against the deceased was discussed. Mr Allen stated he was instructed to obtain a hammer and torch, and that a sawn-off shotgun was collected during the journey to Bog Lane. He said he acted as lookout while others proceeded to the caravan, after which he heard two shots. Mr Allen told gardaí he believed these were warning shots and did not anticipate lethal force would be used. The trial continues before Justice Patrick McCarthy.
In a Central Criminal Court hearing, a 55‑year‑old Cork man was sentenced to four years' imprisonment for raping and sexually assaulting his niece between 1977 and 1985. The victim, aged eight to thirteen at the time, was the daughter of the accused's older sister. The man pleaded not guilty but was found guilty of two counts of rape and one count of indecent assault. Judge Isobel Kennedy imposed a ten‑year sentence for the rapes, six years suspended, and a six‑year sentence for the indecent assault, four years suspended; both sentences run concurrently. The court noted the accused's medical issues, including a leg amputation, and his lack of prior convictions, yet deemed custodial imprisonment necessary. The judge highlighted aggravating factors such as abuse of trust and threats, and mitigating factors including the man's ill health and age at the time of the offences. The sentence was delivered with the victim's impact report read with "great dignity.".
During the second day of the trial of 46‑year‑old David Mahon, the Central Criminal Court heard testimony from Sarah O'Rourke, the girlfriend of Dean Fitzpatrick. O'Rourke said that on 25 May 2013, hours before the alleged murder, Mahon called her and threatened to stab her in the neck if she did not arrange for Fitzpatrick to call Mahon. She described the call as aggressive and said Mahon demanded she go to a shop, buy credit, and call Fitzpatrick, threatening to drive to Lusk and stab her if she refused. O'Rourke then hung up, called her sister, and texted Fitzpatrick to explain the situation. The court has also heard that Fitzpatrick was the older brother of Amy Fitzpatrick, who disappeared in Spain in 2008. The trial continues. David Mahon pleaded not guilty.
In a Central Criminal Court hearing, a 12‑year‑old boy who claimed he was raped by his father and forced to have sex with his mother testified via video‑link about abuse he alleged occurred in Waterford between 2007 and 2011. He described being raped with a hot poker and having a gun held to his head. The parents face 82 abuse charges; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The mother also denied 16 sexual assault counts, while the father denied 16 anal rape and 16 sexual assault with a poker counts. During re‑examination, the boy said he still liked his father, citing "happy times" such as holidays. A teacher testified that the boy had behavioural problems, including biting, spitting, inappropriate touching, and talking about death, and that he was taken into care in 2011 after a school visit.
A 47‑year‑old Latvian man was jailed for seven years after pleading guilty to raping and sexually assaulting a 42‑year‑old woman in her Tipperary flat on 17 November 2014. He forced himself into her bedroom, beat her, dislocated her wrist, and performed anal, oral and vaginal rape while she was restrained. He also forced her to kiss him and threatened to act as a doctor. The victim, who had been living in poor accommodation, suffered nightmares and deteriorating mental health, and later returned to her native country. The court noted the offender's heavy alcohol intoxication and lack of prior convictions. The sentence, imposed by Mr Justice Patrick McCarthy, was back‑dated to the date of the offence and reflects the offender's guilty plea and foreign nationality. The case was heard at the Central Criminal Court.
A 53‑year‑old man, Danny Keena of Empor, Ballynacargy, Mullingar, Co. Westmeath, has been charged with murdering Brigid Maguire on 14 November 2015 at Main Street, Ballynacargy. Justice Patrick McCarthy of the Central Criminal Court set his trial for 23 January 2017.
In a Dublin court on 25 April 2016, 46‑year‑old David Mahon stood trial for the murder of his stepson, Dean Fitzpatrick, who was stabbed in the abdomen on 26 May 2013. Mahon pleaded not guilty and was arraigned before the Central Criminal Court. The prosecution, led by Remy Farrell SC, presented a case that Mahon, annoyed by Fitzpatrick's interference with his bicycle outside the Northwood Gym in Santry on 24 May, confronted him at his apartment. After a heated exchange, Mahon allegedly returned with a carving knife and stabbed Fitzpatrick, who collapsed and died the next day. CCTV footage and witness testimony were shown to the jury, which included six men and six women, and the trial was scheduled to continue before Justice Margaret Heneghan. The case was expected to last a week.
In a compassionate bail decision, Mr Justice Tony Hunt allowed Trevor Noone, aged 28 and charged with murder in the 2010 death of 17‑year‑old Daniel McAnaspie, to leave custody to attend his father's funeral. Noone, who lives on Whitestown Avenue, Blanchardstown, was granted bail on a €300 bond. The judge noted that Noone would be released today and must return by 6 pm, and again on Saturday at 11 am for the funeral, with a return to custody by 6 pm. He is restricted to Blanchardstown and the church where the service will be held, must remain sober, be reachable on his sister's mobile phone, and keep the peace. Detective Sergeant Dan Callaghan had objected to bail, citing Noone's flight risk and 12 prior bench warrants, but the judge accepted counsel's argument that it would be desirable to let him pay his respects. Noone's release is conditional; breaching the conditions would likely preclude future bail.
A 41‑year‑old Declan O'Cualain was found not guilty by reason of insanity for strangling his brother Adrian Folan with a bungee cord on 4 July 2014. O'Cualain, who lived in An Caoran Beag, An Cheathru Rua, Co Galway, was charged with murder after the body was discovered concealed under rocks near the Cliffs of Moher, Co Clare. He pleaded not guilty by reason of insanity, and after 21 minutes of deliberation a jury of nine men and three women returned that verdict. The judge, Justice Margaret Heneghan, exempted the jury from further service for 15 years and ordered O'Cualain to be committed to the Central Mental Hospital. The court heard forensic psychiatrists confirmed he was in an acute manic psychosis state, unable to appreciate the nature of his actions. The case was heard at the Central Criminal Court on 22 April 2016.
During the child sex‑abuse trial in the Central Criminal Court, a 12‑year‑old Waterford boy gave evidence on the eighth day. He alleged that his father threatened to throw his partner out of the family home if she refused to have sex with their son. The boy also claimed that his father owned a rocket launcher, machine guns, an AK‑47, an Uzi, a sniper rifle, a silencer‑compatible gun, a Beretta similar to one in a James Bond film, an 18th‑century ceremonial sword and several knives. He said the father had filmed some of the alleged abuse and shown the footage to others, held a gun to his head, and locked him in a box. The parents face 82 abuse charges from 2007 to 2011; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial continues before Mr Justice Robert Eagar and a jury.
A 41‑year‑old Galway man, Declan O'Cualain, was charged with murdering his brother Adrian Folan. The prosecution alleged that O'Cualain strangled Folan with a bungee cord, then disposed of the body in a water‑filled pit near the Cliffs of Moher, covering it with rocks. He confessed to the act to a friend and to Gardaí, and was arrested at his home on 7 July 2014. Gardaí found the body, which was later identified at Limerick University Hospital, and evidence of a burnt knife fragment and bungee cords was recovered. O'Cualain pleaded not guilty on the grounds of insanity, claiming he was in an "utterly delusional" state and believed his brother was a paedophile. The trial is ongoing.
At the Central Criminal Court, the jury in the trial of two men charged with murdering a 23-year-old man in County Roscommon has been instructed that it may return alternative verdicts of manslaughter or assault. Leszek Sychulec, aged 34, of Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 35, from Warsaw, Poland, have pleaded not guilty to murdering Patryk Krupa at Bogganfin, Athlone on 20 June 2014. Both deny a further charge of false imprisonment on the same date. The trial heard that Mr Krupa drowned in the Shannon following a violent assault that rendered him unconscious. Mr Justice Tony Hunt advised the jury it could return a manslaughter conviction if it found there was no intention to kill or cause serious injury, or alternatively convict of assault causing harm. DNA evidence linked Mr Sychulec to the deceased. The jury commenced deliberations before lunchtime.
An 87‑year‑old Meath man, charged with raping and indecent assault of his daughters between 1973 and 1975, was found unfit to be tried because he suffers from dementia. Justice Margaret Heneghan, after hearing medical evidence, applied Section 4 5b of the Mental Health Act, ruling that the man could not be remanded to the Central Mental Hospital as there is no treatment likely to improve his condition. He is automatically released from remand in Cloverhill and no longer faces bail or custody. The judge adjourned the case to 25 July to monitor his progress and recommended admission to Dr Michael O Cuill's unit for as long as necessary, with future transfer to a nursing home if appropriate. The court noted that the man will remain under Garda supervision until transport to the unit is arranged.
In a Waterford case, a 12‑year‑old boy is testifying at the Central Criminal Court about alleged abuse by his parents. He claims his father raped him, sexually abused him with a hot poker, and forced him to have sex with his mother over several years from about age six. The father is accused of filming some incidents and showing them to others, holding a gun to the boy's head, and locking him in a wooden box and later a larger metal‑barred box. The boy said he had forgotten to mention the second box to Gardaí and in last week's evidence. He described escaping by retrieving a key from a desk with a stick. The parents face 82 abuse charges and have pleaded not guilty to 16 counts each of sexual exploitation and one child cruelty charge. The trial continues before Mr Justice Robert Eagar and a jury.
During a trial at the Central Criminal Court, a 12‑year‑old boy, who was removed from his family home after alleging that his father raped him and forced him to have sex with his mother, testified that he was sexually abused while in foster care. He said the first foster family was almost as bad as his parents, with constant shouting but no hitting or rape. He also claimed that a relative of his foster mother sexually abused him, describing an older boy who wanted to have sex with him. The boy denied that his father had a gun to his head or that the father owned 50 guns and 50 bullets, insisting the allegations were true. The trial continues with the boy's evidence before Mr Justice Robert Eagar and a jury. The unnamed 12-year-old pleaded not guilty.
In 2016 a 39‑year‑old man was jailed for 14 years, with the final year suspended, for raping a woman four times at his Laois home in July 2012. He was convicted of two counts of rape, two counts of anal rape and assault. The judge also imposed a three and a half year assault sentence, with six months suspended, all running concurrently. The victim, who was invited to help with painting, described being assaulted, threatened, forced into a shower, raped vaginally and anally, and then forced to wash herself before being taken to a friend's house. She reported the attack nine days later. The man denied the allegations in a garda interview and was later arrested on a European Arrest Warrant. The victim's impact statement detailed ongoing trauma, nightmares and a loss of self‑esteem, but she expressed hope for the future. The unnamed 39-year-old pleaded not guilty.
Anthony Locke, aged 38, was sentenced to eight years' imprisonment for concealing the body of Christopher Jackson, 53, and cleaning up the murder scene at Jackson's flat on Prussia Street. The court found Locke guilty of impeding the apprehension of a person he believed to be guilty of murder. His sentence was back‑dated to 9 September 2012, with the final three years suspended. Locke had previously been convicted of arson and manslaughter in 1998, and had served a ten‑year sentence for a 1995 fire that killed a man and his pregnant girlfriend. The judge noted Locke's history of alcohol and drug problems, his willingness to reform, and the high risk of re‑offending in the next 12 months. The sentence reflects the seriousness of the offence and the need for rehabilitation. Anthony Locke pleaded not guilty.
A 41‑year‑old man, Declan O'Cualain of An Caoran Beag, An Cheathru Rua, Co Galway, pleaded not guilty to the murder of his brother, Adrian Folan (O'Cualain), at Lislorkin North, Liscannor, Co Clare, on 4 July 2014. The plea was made at the Central Criminal Court. Judge Patrick McCarthy informed a jury of nine men and three women that the case would last no more than a day, but they would be required to serve until the end of the week. He added that the matter would be handled by Ms Justice Heneghan.
Patrick Keating, 51, who was jailed for life for the murder of Joe O'Brien in Waterford in 2013, has lodged an appeal against his conviction. Keating, who lived at Moyne House, Grattan Quay, Waterford, had pleaded not guilty to the 2012 murder at an apartment on William Street. The Central Criminal Court found him guilty and imposed a mandatory life sentence. In his appeal, Keating's counsel, Seán Guerin SC, argues that the trial judge effectively reversed the burden of proof by dismissing the prosecution's witness, Mr Anthony Marshall, whose testimony described Keating stomping and striking O'Brien's head with a dumbbell. Guerin contends that the judge's instructions undermined the defence's challenge to Marshall's evidence, which was not supported by medical findings. The Director of Public Prosecutions, John O'Kelly SC, maintains that the pathologist's evidence of severe head injuries and the absence of a skull fracture do not invalidate Marshall's testimony. The court will reserve judgment.
In a trial at the Central Criminal Court, a 12‑year‑old boy testified that his father raped him and forced him to have sex with his mother in their Waterford home over several years, beginning when he was about six. He said the father filmed some incidents and showed them to others, held a gun to his head, and locked him in a box. The boy also described being forced to use a hot poker. He recounted that his parents bought him toys, including a motorised bike, and that he enjoyed riding it up and down the driveway. He described picnics, day trips to the beach, and holidays elsewhere. The parents face 82 abuse charges from 2007 to 2011; both plead not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial continues with further cross‑examination before Mr Justice Robert Eagar and a jury.
In a Waterford case, a 12‑year‑old boy testified that his father sexually abused him with a hot poker, forced him to have sex with his mother, threatened him with a gun, and locked him in a box between 2007 and 2011. The boy disclosed the abuse only after being placed in foster care at age eight, stating that the absence of his father allowed him to speak. He told the prosecutor that his foster mother was safe and kind, unlike his father who used abusive language. The parents face 82 abuse charges; both pleaded not guilty to 16 counts of sexual exploitation and one child cruelty charge each. The trial will continue with further evidence before a judge and jury.
Michael Collins, aged 34, has lodged an appeal against his conviction for the murder of Packie Hogan, aged 42, which occurred on 10 February 2011. Collins, who lives in Upper Kilmona, Grenagh, Co Cork, had pleaded not guilty to the murder, to possession of a rifle and to possession of ammunition with intent to endanger life. A Central Criminal Court jury found him guilty on all counts and he was sentenced to mandatory life imprisonment by Mr Justice Paul Carney on 29 November 2012. Collins now argues that the trial judge's directions to the jury on manslaughter were defective. He maintains that the shooting was accidental, that the firearm was defective and that he had no intention to kill, only to scare the deceased. The appeal is pending, with the court reserving judgment. The article does not report any further developments.
The Central Criminal Court trial of two men accused of murdering a 23-year-old at Bogganfin, Athlone has continued with legal argument in the absence of the jury. Leszek Sychulec, aged 34, of Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 35, with an address in Warsaw, Poland, face charges of murdering Patryk Krupa on 20 June 2014. Both men have pleaded not guilty to murder and to a separate charge of false imprisonment. The prosecution alleges the accused removed Mr Krupa from Athlone, travelled to the Shannon riverbank, and assaulted him before he drowned while incapacitated. The trial before Mr Justice Tony Hunt began last week and entered its seventh day. Procedural matters were addressed before the jury this morning, with further evidence anticipated this afternoon.