Court archive
Ennis Circuit Criminal Court
2023-05-16 · Clare
Tony McInerney, a 27‑year‑old drug dealer from Ennis, was sentenced to 12 years in prison in May 2021 for possession of cocaine for sale and for possessing €4,500 in proceeds of crime. The judge imposed an 11‑year term for the drug offence and a three‑year term for the cash offence, with the final two years of the cash sentence suspended. McInerney was caught "red‑handed" at a property in Kilfilum where he was mixing cocaine, wearing orange gloves and holding a bag of the drug. Gardaí seized mixing agents, a weighing scale, a knife, a blender, €2.5K in cash and an estimated €50K worth of cocaine. In September 2020, he pleaded guilty to both charges. On appeal, the Court of Appeal quashed the original sentence and re‑sentenced him to a total of 10 years' imprisonment, with no portion of either sentence suspended, back‑dated to the date of his first arrest.
2018-03-05 · Clare
Patrick Mahony, 50, former director of Boxform Ltd, pleaded guilty to five revenue offences for failing to remit VAT, PRSI and income tax for 2006‑2007. He was initially given a wholly suspended three‑year sentence and a €10,000 fine by Judge Gerald Keys at Ennis Circuit Criminal Court on 25 April 2017. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In the Court of Appeal, Mr Justice Alan Mahon reviewed the case, noting the fraud was discovered in March 2008 when former employees sought PRSI and found no records. The company's accountant later submitted an amended return, revealing additional liabilities. Total unpaid taxes amounted to €1,224,329, with a loss to Revenue of €2,594,000 including penalties and interest. Mr Justice Mahon re‑sentenced Mahony to 12 months imprisonment, with the remaining two years suspended, and ordered him to report to a Dublin Garda station to begin serving his term.
2016-05-30 · Clare
Neil Kelly, 41, pleaded guilty to criminal damage for setting fire to Garda Áine Troy's car at Scarriff Garda Station on 19 March 2013. He received a wholly suspended three‑year sentence from Judge Gerard Keyes on 1 May 2015. The Court of Appeal rejected the Director of Public Prosecutions' appeal that the sentence was "unduly lenient". Judge Garrett Sheehan noted the case was "borderline" but the suspended sentence fell within the margin of appreciation. He described how Kelly intervened to stop his co‑accused from abusing Garda Troy, who had seized a vehicle for lacking insurance. Kelly paid €6,000 compensation and expressed remorse. The court found the offence an attack on the rule of law, yet mitigation factors justified the suspended sentence. The appeal was dismissed.
2015-04-20 · Clare
Patrick Barry, 80, former principal of Moyasta National School in west Clare, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury, with the remaining eight dismissed by Judge Gerald Keyes. Barry received an 11‑year prison sentence, of which the final five years were suspended. On 20 April 2015, the Court of Appeal dismissed his appeal against conviction. Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, ruled that Barry's 12 grounds of appeal were unsubstantiated. The appeal was rejected, leaving the original conviction and sentence in place. The case highlighted allegations that Barry had physically abused pupils in class, including touching them indecently and forcing them to touch his genital area.
2015-03-26 · Clare
A 22‑year‑old Clare man, Joseph Lernihan, pleaded guilty to two robberies of a 68‑year‑old pensioner, Michael McMahon, in February 2012. The first robbery saw McMahon hand over €4,000 through broken windows; the second robbery involved a pipe‑like object used as a gun threat and the theft of €3,000. McMahon, terrified, cycled 30 miles to a nursing home in Ennis and never returned to his home. Lernihan was initially sentenced by Judge Carroll Moran to a wholly suspended three‑year term, €3,780 compensation and forfeiture of a Volkswagen Passat bought with the proceeds. The Court of Appeal agreed the sentence was unduly lenient but, citing Lernihan's progress, imposed no prison term, instead ordering 240 hours of community service in lieu of a 12‑month sentence, a suspended 24‑month period, and a €100 bond for good behaviour over the three‑year suspended term.
2015-03-20 · Clare
Joseph Lernihan, aged 22, pleaded guilty to two robberies of 68‑year‑old Michael McMahon in February 2012. The first robbery involved breaking windows and taking €4,000; the second involved a fake gun and taking €3,000. McMahon fled to a nursing home 30 miles away. Lernihan was sentenced on 3 March 2014 to a fully suspended three‑year term, ordered to pay €3,780 compensation and to forfeit a Volkswagen Passat bought with the proceeds. The Director of Public Prosecution appealed, arguing the sentence was too lenient. The Court of Appeal found the trial judge erred and sent the case back to assess suitability for community service. The case remains at the stage of determining whether Lernihan will serve community service rather than prison.
2015-02-23 · Clare
Patrick Barry, an 80‑year‑old former primary school principal from Kilkee, appealed his conviction for indecent assaulting 11 women who were pupils at Moyasta National School between 1964 and 1985. He had pleaded not guilty to 67 charges but was found guilty on 59 counts and not guilty on eight by Judge Gerald Keyes. Barry received an 11‑year sentence, with the final five years suspended. In the Court of Appeal, Barry's counsel, Roderick O'Hanlon SC, argued that the indictment lacked proper particulars, which he claimed materially affected Barry's defence and cross‑examination rights. He contended that the prosecution's failure to detail interviews with Gardaí and the delay in proceedings prejudiced Barry. The appeal was heard on 23 February 2015, with the court reserving judgment for 23 March. Barry was assisted by his sisters during the hearing and was noted to have poor health and impaired hearing.
2015-01-12 · Clare
Patrick Barry, 80, former principal of Moyasta National School, was denied bail while appealing his conviction for indecent assault. Barry faced 67 charges for assaulting 11 pupils between 1964 and 1985. A jury found him guilty on 59 counts; he was acquitted on eight. Judge Gerald Keyes sentenced him to 11 years, suspending the last five. The Court of Appeal, led by Mr Justice Seán Ryan, declined bail, noting no new legal point was raised, but set an appeal hearing for February 23. Barry was ordered to be identified on the foot of victim requests, which the victims declined. Patrick Barry pleaded not guilty.
2014-02-03 · Limerick
In February 2012, Larry Connors, aged 21, was sentenced to three years in prison for child cruelty after pleading guilty to assaulting a 10‑month‑old baby between 15 December 2010 and 3 January 2011. The baby suffered fractures to both arms, a dislocated right elbow, bruising, a burn on the right calf and brain bleeding, and was taken to Midwestern Regional Hospital in Limerick. Connors, who lived in Shannon, Co Clare, was not the child's father. The mother described Connors slapping, pinching, punching and throwing the baby for three weeks. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Criminal Appeal, presided over by Justice Nial Fennelly, increased the sentence to the maximum of seven years, suspending the final two years. The appeal was based on the claim that the guilty plea did not save witnesses from giving evidence and that the original discount of over 50 % was an error.