A consultant doctor, Dr Oisin Powell, has filed a High Court challenge against Beacon Hospital, alleging unlawful termination of his employment. On 13 December 2014, Mr Justice Paul Gilligan granted temporary injunctions preventing the hospital from appointing anyone to Powell's position, from announcing his termination, or stating he is unfit to perform duties. The injunctions were issued ex‑parte and are returnable next week. Powell, who has worked at Beacon since 2010 under fixed‑term contracts, claims his hours were reduced from 35 to 20 per week in November 2014, a change he rejected as a breach of contract. He was informed of termination earlier that week, which he contends was unjustified and linked to his intention to pursue legal action over the hour reduction. The court's orders aim to protect his reputation and employment status pending further proceedings.
The Central Bank obtained High Court orders that bar Smart Resolutions Mediation Ltd, based in Cashel, and its directors Geraldine and Thomas Quigley, as well as Clonmel C&R Management Consultants Ltd, based in Clerihan, Clonmel, and its directors Thomas and Cathal Quigley, from providing or offering debt‑management services. The orders also prevent any company controlled by the defendants from receiving remuneration for such services. The bank, represented by Maurice Collins SC, said the orders were sought after new information indicated the defendants were offering debt‑management services without authorization. The High Court President, Mr Justice Nicholas Kearns, granted the orders ex‑parte and set a return date later in the month. The bank also requested that the respondents preserve all books and records related to the services they provide and cooperate fully with the Central Bank.
The State opposed a legal‑costs application by lawyers for the hooded men, who sought compensation for the costs of a High Court action that aimed to compel the Irish Government to decide whether to ask the European Court of Human Rights (ECHR) to revise its 1978 judgment on alleged torture of the men in 1971. The men and their families had wanted the Government to pursue the matter against the UK before the ECHR after new evidence emerged in an RTE programme, "The Torture Files", which alleged that the evidence supplied to the ECHR by the British was deliberately misleading. The High Court proceedings were struck out after the Government announced it would seek a revision of the ECHR's 1978 finding. The State, represented by Michael McDowell SC, argued that it was not obliged to pay the men's legal costs and that the application was moot.
A High Court judge has reserved judgement in the extradition case of Ali Charaf Damache, a 50‑year‑old Algerian‑born Irish citizen wanted in the United States on international terrorism charges. Damache faces allegations of conspiring to provide material support for terrorists and attempting identity theft to facilitate an act of international terrorism. The case is the second time his extradition has been heard. In November, Damache won a Supreme Court appeal that he was entitled to judicial review of the Director of Public Prosecutions' refusal to prosecute him in Ireland and of the refusal to give reasons for that decision. If convicted in the U.S., he could face up to 45 years in prison. Ali Charaf Damache pleaded guilty.
A High Court hearing has opened regarding a challenge by 10 small businesses against proposed changes to public works contract qualification criteria. The applicants, who supply printers and devices to State bodies, are challenging criteria within a March 2013 Framework Agreement worth an estimated €25m over two years. The action is brought against the Commissioners of Public Works, who operate the National Procurement Service. The businesses allege that new minimum qualification criteria, specifically a requirement for a minimum annual turnover of €2m, will disqualify them from applying for tenders. They argue these regulations are disproportionate, discriminatory, and distort competition in the Irish market, seeking orders to set aside the criteria and declarations that they breach the 2002 Competition Act. The Commissioners oppose the action, rejecting the claims and arguing that the criteria are necessary to ensure contract fulfillment and were introduced under an EU Directive to promote competition and save State money. Counsel for the applicants stated that the contracts represent a significant portion of their clients' business. The case is before Mr Justice Paul McDermott and is expected to continue for several weeks.
Lawyers for the State told the High Court that counsel for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, had submitted "various extremist scenarios" to the court. Damache is wanted by U.S. authorities on terrorism charges, alleged conspiracy to provide support to terrorists, and could face up to 45 years in U.S. prison. The court heard that a conviction of a terrorism crime could lead to transfer to the maximum‑security ADX Supermax Prison in Florence, Colorado, where inmates may be held in solitary confinement for up to 22 hours a day. Counsel for the Attorney General, Remy Farrell SC, said the evidence was "wholly speculative" and "improbable" and that most criteria for such a transfer did not apply to Damache. He noted that only a small proportion of inmates are subject to the U.S. Bureau of Prisons' special administrative measure (SAMS).
Michael McKevitt, a 65‑year‑old former dissident republican leader serving a 20‑year sentence for directing terrorism, lost a High Court case seeking early release on the basis of his participation in structured prison activities. He argued that courses in computing, speech, drama, art, French, yoga and an Open University creative writing course entitled him to a one‑third remission and immediate release. The Minister for Justice was allowed to refuse remission, citing the risk of re‑offending and Garda submissions that McKevitt would re‑engage in senior dissident activity upon release. Judge Peter Kelly upheld the Minister's decision, noting that engagement in authorised activities does not automatically reduce the likelihood of re‑offending and that the Minister had ample material to refuse remission. McKevitt's scheduled release remains July 2016, based on the normal one‑quarter remission.
Francis Lanigan, 49, is in Dublin custody awaiting extradition to Northern Ireland over the 1998 murder of John Knocker. He claims his two‑year detention is akin to internment, fearing harm from paramilitaries if returned. A High Court judge said bail was unlikely, but will consider a bail application at the next hearing. Lanigan's barrister, Kieran Kelly, argued that circumstances had changed, noting the arrest's second anniversary, his child, and partner's court appearance. Lanigan had previously used the alias Kieran McCrory for 15 years, a fact known to the Gardaí. The judge remanded him in custody until the next Monday, noting the court's inherent jurisdiction to grant bail at any point. The case remains at the extradition stage.
A Dublin Bus driver, Valentin Ticu, has been awarded €49,000 in damages after a High Court judge found he was assaulted and wrongfully arrested by Garda David Maguire. The incident occurred on October 4th, 2011, at the junction of Kimmage Road and Sundrive Road in Dublin. Mr Ticu claimed he was forcibly removed from the bus he was driving, arrested, placed in handcuffs, and pushed against a patrol car. He sued the Garda Commissioner and Garda Maguire for assault, false imprisonment, and wrongful arrest. The claims were denied by the defendants. In his judgment, Mr Justice Michael White found that Mr Ticu was wrongfully arrested and assaulted. The judge noted that Garda Maguire lost his temper after Mr Ticu did not comply with his direction to move the bus away from the scene of a road traffic accident. The judge dismissed Mr Ticu's claim of malicious prosecution. The judgment was against the Garda Commissioner only. Mr Ticu was charged with public order and road traffic offences, which he denied. The District Court had previously dismissed all charges against him. The judge viewed CCTV footage of the incident and accepted the evidence of Mr Ticu and two independent witnesses. The judge concluded that Garda Maguire's actions were unnecessary and that Mr Ticu was entitled to damages of just over €49,400 plus his legal costs.
In a High Court appeal over a boundary dispute between the Rueters and the Madigans, Kathleen Maureen Rueter denied allegations that her family had damaged the white thorn and blackthorn hedge that marks the boundary between their properties. She also rejected claims that the lane outside the Madigans' home had been widened in 2003 to allow access to the Rueters' caravan park. The Madigans had previously won a Circuit Court judgment awarding them €5,000 for trespass and nuisance and a right of way to maintain their hedge. Rueter stated that since acquiring the land in 1964 her family had maintained and improved the lane, and that any work carried out in 2003 only raised parts of the road surface without significantly widening it. She maintained that the hedge had not been "butchered" and that a gap in the boundary hedge was caused by the Madigans. The case before Mr Justice Kearns is expected to conclude early next week.
Two brothers, Paul and Gerard Dormer, have filed High Court proceedings to set aside a settlement agreement with Allied Irish Banks (AIB) that left them liable for €17 million. They argue that AIB breached the settlement's terms by failing to provide credit facilities as promised. The settlement, reached after the brothers contested AIB's summary judgment request, required AIB officials to recommend credit to the brothers once certain conditions were met. The brothers claim the AIB committee declined to approve the credit without giving them a chance to present their case, and that the committee's recommendation was made in bad faith. The brothers have obtained temporary injunctions preventing receivers from selling their assets and seek an order vacating the €17 million judgment and declarations that AIB breached the settlement. They plan to apply for admission to the commercial court list next Monday.
In a High Court hearing on 3 December 2014, lawyers for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, argued that a U.S. sentencing judge could impose a penalty for conduct not charged in the extradition request. Damache is wanted in the United States for alleged conspiracy to provide support to terrorists, with the U.S. authorities claiming he conspired with American woman Colleen LaRose (Jihad Jane) and others to create a terror cell in Europe. Mícheál P O'Higgins SC contended that the U.S. judge's power to enhance the sentence would breach the Rule of Specialty under Section 20 of the 1965 Extradition Act, which limits prosecution to the offences for which the person was extradited. He cited an affidavit by U.S. Assistant Attorney Jennifer Williams and a statement by U.S. lawyer Joshua Dratel, who estimated Damache could receive a sentence exceeding 40 years. O'Higgins noted that the U.S.
Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, is wanted in the United States on terrorism charges alleging he conspired to provide support to terrorists. His Irish lawyers, led by Mícheál P O'Higgins SC, argued in the High Court that U.S. sentencing would lack proportionality and violate his constitutional rights to a fair trial and due process. They noted that U.S. federal guidelines for Islamic terrorism offences carry a 97% conviction rate and that a life sentence is effectively imposed, with Damache facing up to 45 years in prison if convicted. The lawyers contended that such sentences would be "a lot more" than could be imposed in Ireland. The extradition hearing, now before Justice Aileen Donnelly after a Supreme Court‑directed review, will continue on Wednesday. The case follows a November Supreme Court appeal that overturned a decision not to prosecute Damache in Ireland. The U.S.
Aisha Ahmed, 49, a mother of six, was denied bail by the High Court after being arrested in Tallaght on a European Arrest Warrant issued by Italian authorities. The warrant accuses her of being a promoter, leader and organiser of an association that imported, sold, distributed and traded large quantities of cocaine in Italy between September 1999 and June 2000. Ahmed was convicted in absentia in 2005 and sentenced to 20 years in prison by the Court of Naples. She initially denied being the person named on the warrant, claiming mistaken identity, but later admitted she was the woman in the photograph and the name on the warrant. The court found her a significant flight risk, citing her history of using false documents and her willingness to lie. Consequently, the judge denied bail and noted that she would be scheduled for a future hearing after her objections and affidavits are filed.
In a rape trial at the Central Criminal Court, High Court Judge Paul Carney returned from hospital to direct a jury of ten men and two women. He informed them that he would handle any questions by telephone and that they could now resume deliberations to reach a majority verdict. The jury had been sent home earlier after another judge declared Mr Carney unavailable. The accused, whose name is withheld, pleaded not guilty to 32 counts of rape and assault against a woman in County Clare between 1998 and 2004. Judge Carney stated he would be available for telephone queries and would return to receive the verdict.
Mr Justice Nicholas Kearns adjourned an application brought by a group of men known as "the hooded men" to Monday afternoon, where the court will hold a "telescoped" hearing treating the applications to hear the full action and permission to bring the case as one. The applicants, including Kevin Hannaway, Francis McGuigan, Jim Auld, Patrick McNally, Gerard McKerr, Liam Shannon, Michael Donnell, Brian Turley, Joe Clark, Paddy Joe McClean, Tony Shivers, and Pat Shivers (deceased), seek a court order compelling the Irish Government to decide whether to apply to the European Court of Human Rights (ECHR) to revise its 1978 judgment. That judgment found the sensory deprivation techniques used against them in 1971 constituted inhuman and degrading treatment but not torture. The men allege that new evidence, revealed in an RTE programme, shows the medical evidence provided to the ECHR was deliberately misleading. They argue the Government's failure to make a decision is unreasonable and contrary to constitutional and natural justice. Counsel warned that the ECHR's strict deadline for seeking revision expires on December 4th. The matter was adjourned and is not concluded. Francis McGuigan and Kevin Hannaway attended the hearing, describing the 1978 ruling as "a nonsense" and stating they remain affected by the trauma.
Lawyers for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, read an Amnesty International report to the Irish High Court describing the conditions at the US ADX Supermax prison in Florence, Colorado. The report, based on information from attorneys and courts, characterises the prison as "inhuman, cruel and degrading," noting that prisoners are kept in solitary confinement and that conditions have become more restrictive, with an example of a man self‑mutilating. The court was told that many Muslim terrorist suspects are sent to ADX and that the US government would not preclude sending a mentally ill person who is not actively psychotic at entry. Damache is wanted in the US on terrorism charges and could face up to 45 years if convicted. He has been in Irish custody since the DPP declined to prosecute him in 2011 and the case is set to resume next Tuesday.
In a High Court hearing on 27 November 2014, lawyers for Ali Charaf Damache, a 49‑year‑old Algerian‑born Irish citizen, argued that they require the Director of Public Prosecutions' reasons for refusing to prosecute him in Ireland in order to contest his extradition to the United States. Damache is wanted in the U.S. on terrorism charges, specifically an alleged conspiracy to provide support to terrorists and attempted identity theft to facilitate international terrorism. He had previously won a Supreme Court appeal for judicial review of the DPP's March 2011 refusal to prosecute, which also questioned whether the DPP was obliged to give reasons. The court noted that the Extradition Act now blocks extradition only if the DPP decides to bring charges, placing the decision in a third party's hands. Damache has been in custody since the U.S. sought his extradition in 2012, and the case was set to continue the following day.
In a High Court case, Jarlath and Lorraine Sweeney argue that National Assets Management Agency (NAMA) demands for additional security to keep their loan facilities operational would force them to commit a criminal offence under Irish company law. The couple, shareholders in several property‑related companies and owners of hotels such as the Esplanade and Wilton Hotels in Bray, secured loans of about €25 million from Anglo Irish Bank in 2009, later acquired by NAMA. They have provided assets of their companies as security but refuse to offer the unencumbered Summerhill House Hotel in Enniskerry, owned by companies where Mrs Sweeney is principal shareholder, as additional collateral. They claim NAMA's demand is unlawful, disproportionate and unreasonable, and that complying would breach company law because a statutory declaration and independent report are required, which they cannot obtain.
The High Court heard arguments regarding the extradition of Ali Charaf Damache, an Algerian-born Irish citizen wanted in the US on alleged charges of conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism. Counsel for the defendant, Mícheál P O'Higgins SC, argued that surrendering Damache would breach his human rights, specifically concerning his ability to practice Islam. Affidavits highlighted significant barriers to religious observance in solitary confinement at the ADX Supermax Prison in Colorado, where Muslim inmates face difficulties performing ablutions and congregational prayers. O'Higgins also contended that US sentencing practices differ fundamentally from Irish law, noting that hearsay material could be used and that Damache faces a potential sentence of up to 45 years, which is significantly higher than Irish penalties. The Attorney General's counsel, Ms Cathleen Noctor BL, presented a diplomatic letter seeking Damache's surrender to stand trial in the Eastern District of Pennsylvania. It was alleged that Damache contacted Colleen La Rose, who was convicted last January and sentenced to 10 years in prison for planning to murder Swedish cartoonist Lars Vilks. Damache is alleged to have arranged for La Rose to travel to the Netherlands and Ireland to avoid US scrutiny. The case is before Ms Justice Aileen Donnelly following a Supreme Court direction for a new judge to hear the matter after a previous refusal of leave for judicial review.
Three Dublin water‑meter protesters—Paul Moore, Damien O'Neill and Terence Sheridan—were found to have breached a High Court order that barred them from entering a 20‑metre exclusion zone around sites where GMC Sierra Ltd was installing meters. The court committed each man to 28 days' imprisonment for contempt of court, but suspended the sentences for six months on the condition that they comply with the order. The judge also awarded costs to the contractor. The article reports that the protesters had not denied entering the zone and that the court considered affidavits and witness statements but not video evidence. No violence was alleged against workers, and the fourth protester, Derek Byrne, was not sentenced. The case highlights the court's insistence on respecting its orders.
Ming Liu, a Chinese national serving a four‑year sentence for a drugs offence at Portlaoise Prison, has taken his case to the High Court after his solicitor, Ms Eileen McCabe, was repeatedly denied entry to the prison because she set off the metal detector. Ms McCabe had travelled to Portlaoise to meet Liu to discuss whether he could qualify for remission of his sentence. Prior to the meeting she passed through the detector multiple times, each time the alarm triggered, despite her having no metal objects. Security staff informed her she could not enter, citing a strict policy that prohibits anyone who triggers the detector from entering the prison. Ms McCabe offered to undergo a body search or use a handheld detector, but was told the policy could not be altered.
The extradition case against Eric Eoin Marques, an Irishman alleged to be 'the largest facilitator of child porn in the world', has been adjourned until December 9. The 28-year-old, residing at Mountjoy Square in Dublin, is wanted in the US for conspiring to distribute and advertise child pornography. He has been in custody since his arrest in August last year, with bail refused due to concerns over flight risk and potential interference with evidence. The case was adjourned following a delay in processing before the Court of Appeal. Mr Justice John Edwards remanded Mr Marques on the same terms until the adjourned date. Previously, the DPP had decided not to bring proceedings against Mr Marques, but a detailed letter indicated he would plead guilty if prosecuted. Mr Marques sought judicial review of the DPP's decision, but leave was denied. However, following a recent ruling in the case of Ali Charaf Damache, the State accepted Mr Marques should be granted leave for judicial review. The charges relate to hosting and facilitating child pornography on over a hundred anonymous websites, with allegations that Mr Marques had direct knowledge and administrator access. The court heard that if convicted, Mr Marques could face a sentence totaling 100 years.
Alan Bradley, currently serving a prison sentence, has brought a High Court action against the Minister for Justice and Equality, the Irish Prison Service, and the Governor of Portlaoise Prison to compel the provision of orthodontic treatment. Bradley, who is incarcerated at Portlaoise, alleges that despite an independent expert report confirming his entitlement to treatment under HSE criteria, his request has been denied. His counsel, Dominic McGinn SC, argued that the failure to provide care is irrational and unreasonable, noting that Bradley has suffered severe pain for over a year. Mr Justice Paul McDermott granted leave to bring the application on an ex parte basis and adjourned the matter to a date in mid-December. The court heard that Bradley pleaded guilty in 2012 to conspiring to steal cash from a Chubb Ireland security van in 2007. Judge Tony Hunt originally sentenced him to nine years, with the final two suspended. On appeal, the Court of Criminal Appeal reduced this to eight years, with the final 18 months suspended. His brother, Wayne Bradley, also pleaded guilty to the offence. He was initially sentenced to seven years with 18 months suspended, a term the CCA reduced to six years with the final year suspended. Three other men, including a Chubb employee, were also sentenced for their roles in the incident.
In a High Court hearing on 24 November 2014, Chief Superintendent Fergus Healy explained that the sites where GMC Sierra Ltd was installing water meters were not considered public areas under the Public Order Act, creating a dilemma for Gardaí in policing protests. Healy said the Gardaí would comply with any court order directing them to bring people who breached the 20‑metre exclusion zone to court. The court had earlier granted GMC Sierra an injunction preventing anyone from assaulting, intimidating or interfering with its workers. The case involved three men alleged to have breached the order, with a fourth man's attachment and committal motion struck out. The judge, Justice Paul Gilligan, adjourned the case and was set to decide on a potential prison sentence on Wednesday. The hearing highlighted the "Catch‑22" situation faced by the Gardaí, who could only act under a court order and were guided by the Water Act and the Public Order Act.
The long‑running dispute between developer JJ Rhatigan and the trade union Unite over the use of subcontractors to replace direct labour has been referred to the Labour Court by the High Court. Rhatigan, who is building a block of apartments on behalf of Nama at St Edmunds, St Lomans Road, Palmerstown, Dublin, sought injunctions after picketing began near the site. He claimed work stopped following "very serious and sinister" incidents involving picketers, alleging threats and intimidation of his workers and that the picketing was "out of control". Unite denied wrongdoing, stating it conducted a lawful and peaceful protest and that any unlawful activity was carried out by individual protesters not members of the union. The union has agreed to lift the picket at St Edmunds until the Labour Court issues a recommendation, while it may continue picketing at three other sites, including a new school at Kishoge, Lucan.
Martha McEnery, a Garda sergeant, was convicted of assault in 2011 and received a four‑month suspended sentence. The conviction arose from an arrest in Waterford in January 2010. The Court of Criminal Appeal dismissed her appeal. The Garda Commissioner, citing a breach of the 2007 Garda Siochana Discipline Regulations, recommended her dismissal. McEnery challenged the dismissal in judicial review, arguing that a criminal conviction alone could not justify summary dismissal. The High Court, presided over by President Nicholas Kearns, rejected her application. The judge found that the Commissioner had the authority to dismiss without an inquiry, that the breach was sufficiently grave, and that McEnery had not established any factual basis for discrimination or disproportionate treatment. The decision was upheld as rational and procedurally sound.
In a High Court hearing on 19 November 2014, GMC Sierra Ltd sought contempt of court proceedings against four anti‑water‑charge protesters who allegedly breached a 20‑metre exclusion zone around sites where the company was installing water meters in Dublin. The company had obtained injunctions to protect its workers from harassment and intimidation. GMC Sierra's counsel, Jim O'Callaghan SC, presented an affidavit alleging that, after the court's November 5 order, the company's planned installation of about 500 meters was reduced to 200, and that a worker was struck by a van, another was knee‑knocked, and the 20‑metre zone was breached. The judge, Justice Gilligan, acknowledged evidence of breaches by the four respondents, allowed them to submit affidavits and to apply for leave to cross‑examine GMC Sierra workers, and adjourned the attachment and committal motion to the following Monday.
In November 2014, anti‑water‑charge protesters John Darcy and Anthony Eccles filed applications with the High Court seeking legal aid for proceedings in which they are accused of breaching court orders that prohibit intimidation or interference with the installation of water meters by GMC Sierra. The men, along with other protesters, deny the allegations and argue that the state's refusal to provide legal aid to those facing potential loss of liberty in non‑criminal proceedings violates the Irish Constitution and the European Convention on Human Rights. The High Court, presided over by President Nicholas Kearns, set a hearing for 9 December and ruled that no stay would be granted to prevent the contempt of court applications from proceeding. The case involves separate judicial reviews and a contempt of court application by GMC Sierra, which seeks to protect its workers from alleged harassment and interference.
RTÉ and UPC Ireland settled a dispute over UPC's proposal to stream RTÉ channels on smartphones and tablets outside the home. UPC's existing streaming service, limited to devices within the home, already carried RTÉ content. RTÉ had sought a High Court injunction to halt UPC's launch and requested higher payments for its content rights. The Commercial Court heard the case, and Mr Justice Brian McGovern was informed that the parties had reached a settlement.
Dunnes Stores has filed a High Court challenge against An Bord Pleanala's decision to grant planning permission for a €40m extension of The Square shopping centre in Tallaght. Mr Justice Seamus Noonan allowed the case to proceed on an ex‑parte basis, with the matter set for a January 2015 hearing. Dunnes, represented by Eamon Galligan SC, seeks to contest several conditions of the permission, arguing the extension would adversely affect its retail business. The owners, Indego, and South Dublin County Council are parties to the proceedings.
A High Court judge in Dublin is awaiting further information before deciding whether to extradite Francis Lanigan, 49, who is wanted in Northern Ireland for the 1998 murder of John Knocker. Lanigan, who lives in Mulhuddart, claims that if he is handed over to UK authorities he would face a "significant risk to his life" from loyalist and republican paramilitaries. He was arrested in January 2013 on an extradition warrant and has been remanded in custody until December 8, with a bail application possible in the meantime. Lanigan's counsel, Dr Michael Forde, argues that a letter from the Northern Ireland Prison Service detailing his proposed detention should be inadmissible because Lanigan had no chance to cross‑examine its author. The judge has deferred judgment until the issuing state provides additional information, which is expected to take two to three weeks.
GMC Sierra, a water‑meter installation company, has asked the High Court to bring contempt proceedings against four more individuals who it says have breached court orders that restrict protesters from approaching within 20 metres of its work sites. The company claims that one protester scaled a wall and entered a workstation where a meter was being installed. Justice Paul Gilligan granted GMC permission to serve short service of proceedings and set a hearing for next Wednesday, when the company intends to pursue contempt applications against additional alleged offenders. Some of those accused of contempt have requested that the Wednesday proceedings be stayed until separate High Court hearings determine their entitlement to legal aid. GMC previously obtained injunctions to prevent assault, intimidation or interference with its workers, who have reported harassment, obstruction, assault and threats while installing meters in Dublin 5 and Dublin 13. Protesters' lawyers deny wrongdoing and argue their demonstrations are lawful and peaceful.
In November 2014, developers JJ Rhatigan and Co filed new High Court proceedings against the trade union Unite, alleging misconduct by picketers at a West Dublin apartment complex site. Rhatigan's lawyers claimed that around ten picketers, wearing Union‑branded bibs and flags, blocked vehicle access and that a senior employee was pursued by a van driven at speed. They also alleged that a protester called three female workers "Polish whores." The court granted Rhatigan temporary injunctions, allowing the Union time to respond, and made the case returnable to Monday. The action follows a long‑standing dispute over subcontractor use, with Unite arguing that such practices disadvantage workers. Rhatigan denied wrongdoing, and earlier injunctions had limited picketing at other Rhatigan sites, citing intimidation and vehicle blockages. Unite maintains its protests are lawful.
In a High Court hearing on 13 November 2014, lawyers for GMC Sierra, a water‑meter installation company, argued that several protestors had breached court orders that protected the company's workers from intimidation and harassment. GMC Sierra had previously obtained injunctions preventing anyone from assaulting, intimidating or interfering with its workers in Dublin 5 and Dublin 13, and had secured an additional order creating 20‑metre exclusion zones around its work sites. The company seeks contempt proceedings to have the alleged offenders attached and committed to prison or fined. Protestors' lawyers, however, request that the contempt application be stayed pending a separate High Court case on whether those facing contempt proceedings are entitled to legal aid. The judicial review of that legal‑aid claim has been granted and will be heard by the High Court President, while the contempt application is scheduled for next week. The court noted the two matters are distinct and should be considered separately.
Ivor Callely, a 56‑year‑old former Fianna Fáil junior minister, was granted bail pending his High Court action to overturn the Minister for Justice's refusal to grant him temporary release from Wheatfield Prison. The bail was granted on a €100 bond, with the judge noting Callely's good behaviour, lack of flight risk and the importance of legal issues concerning enhanced remission for prisoners. Callely's lawyers argued that without bail his case would become moot and that he had been a model prisoner. The State opposed the bail, citing a valid order of detention. Callely, jailed in July for fraudulently claiming €4,207.45 in expenses, had been sentenced to five months. He is now awaiting the outcome of his judicial review, which seeks to quash the Minister's decision and declare he has met all requirements for temporary release. The judge said the case should be heard promptly and given priority.
Ivor Callely, a 56‑year‑old former Fianna Fáil TD, is preparing to apply for bail while his High Court action seeks to overturn the Minister for Justice's refusal to grant him temporary release from Wheatfield Prison. Callely was jailed in July for fraudulently claiming €4,207.45 in expenses from the Oireachtas on forged mobile‑phone invoices, receiving a five‑month sentence. The Minister, Frances Fitzgerald, denied his temporary release, arguing that a breach of trust by a member of the Oireachtas must be treated seriously and that Callely was unsuitable for release at this stage. Callely contends the decision is unfair, citing that other prisoners who committed more serious crimes have been released and that his high profile has influenced the Minister's stance.
Ali Charaf Damache, an Algerian-born Irish citizen, was further remanded in custody at the High Court until November 25. The US is seeking his extradition on alleged charges of conspiracy to provide support to terrorists and attempted identity theft. If convicted in the US, he could face up to 45 years in jail. Mr Justice Tony Hunt ordered the remand so Damache can appear before the High Court sitting in the Criminal Courts of Justice. Damache has been in custody since 2012, following the DPP's decision in March 2011 not to prosecute him in Ireland. Last week, the Supreme Court unanimously ruled that Damache was entitled to a judicial review of the DPP's refusal to prosecute and her failure to provide reasons. The Chief Justice directed that all related matters, including constitutional and human rights issues, proceed to hearing in the High Court as soon as possible. The court also granted leave for judicial review and legal aid, noting that if Damache loses the review, the extradition application will be heard immediately. The US alleges Damache conspired with Colleen LaRose, known online as Jihad Jane, to create a terror cell in Europe. LaRose was convicted of planning to murder Swedish cartoonist Lars Vilks and was sentenced in January to 10 years in prison.
The Criminal Assets Bureau (CAB) has obtained a temporary freezing order under Section 2 of the Proceeds of Crime Act to halt the sale of Irish‑held investment bonds worth US$6.5 million (€5.22 million). The bonds are alleged to have been purchased with money illegally extracted from Nigeria by the late dictator General Sani Abacha's regime and laundered through Swiss, London and New York institutions. CAB claims the bonds breach Irish tax‑evasion laws and are linked to Abacha's eldest surviving son, Mohammed Sani Abacha. The freezing order was secured ex‑parte, and the case was adjourned to a later date while the court awaits an update on serving notice to Mr Abacha, who resides in Nigeria. The CAB's action follows a broader international effort to recover funds looted by Abacha's government.
Ivor Callely, a 56‑year‑old former TD, has filed a High Court application to overturn the Minister for Justice's refusal to grant him temporary release from prison. Callely was jailed in July 2014 after pleading guilty to fraudulently claiming €4,207.45 in expenses from the Oireachtas on forged mobile‑phone invoices. He received a five‑month custodial sentence from Judge Mary Ellen Ring and has been serving it at Wheatfield Prison. On 28 October the Minister declined his request for temporary release, stating that the breach of trust and abuse of public funds by a member of the Oireachtas must be treated in the most serious terms and that Callely was not suitable for release at this stage of his sentence. Callely argues the decision is unfair, citing that he has been treated differently from other prisoners who have committed more serious crimes, and that his high profile has unduly influenced the Minister's judgment.
In a High Court case in Wexford, the Purcell family sued 20th Century Fox Home Entertainment, WT6 Productions, UFO Film and Television Studios Ltd and UFO International Productions over the use of an image of their late mother, Mrs Stacia Purcell, in the horror film Wrong Turn 6: Last Resort. Mrs Purcell, aged 66, disappeared on 30 October 2013 and was found dead a few days later, believed to have fallen into a river after a heart attack. The family claims the image, which they supplied to the press to aid the search, was used without their consent and has caused them great pain and distress. They seek orders preventing further use of the image in broadcasts or distribution of the film. The case was adjourned to early next week after both sides requested more time to exchange documents and consider new sworn statements.
In a High Court hearing on 4 November 2014, the court ordered the return of two artworks seized during a house search in Straffan, County Kildare. The pieces, including a painting titled 'King and Queen' by Daniel O'Neill, had been taken by staff of the official assignee, Mr Chris Lehane, under a warrant issued pursuant to Section 28 of the Bankruptcy Act. The warrant was obtained because the assignee believed that property belonging to bankrupt developer Sean Dunne might be located in the house. Gayle Dunne, Sean's wife, and their son John Dunne had argued that the artworks were their personal property and that the assignee had no right to seize them. The court, hearing counsel Gabriel Gavigan SC, found that ownership issues had been resolved and directed that the artworks be returned to the Dunnes. The judge postponed a decision on who would pay the legal costs of the motion to a later date.
A dispute between construction workers and the developers of a new school in Lucan, Co Dublin, has returned before the High Court. Last month, the trade union Unite and several of its members undertook not to engage in harassment or block entrances as part of their dispute with JJ Rhatigan & Co over the use of subcontractors to replace direct labour which workers say leaves them with less favourable terms and not being properly paid. This is denied by Rhatigans. Following the undertakings, Mr Justice Paul Gilligan granted injunctions restricting picketing at the site of a new community school at Kishoge, Lucan, as well as at sites in Lucan and Drumcondra where Rhatigans also operate. The order limited the number of picketers at each of the sites to between four and eight.
Aisha Ahmed, 49, was remanded in custody by the High Court on a European Arrest Warrant issued by Italian authorities for suspected drug importation. The warrant accuses her of being a promoter, leader and organiser of an association that imported, sold, distributed and traded large quantities of cocaine in Italy between September 1999 and June 2000. Ahmed was convicted in absentia in 2005 and sentenced to 20 years in prison by the Court of Naples. She denies the allegations, claiming she has never been to Italy and that the name and date of birth on her Irish passport are incorrect. The court relied on fingerprint evidence that matched the prints supplied by Interpol, and Mr Justice John Edwards adjourned the case to 18 November, remanding Ahmed in further custody. Her husband, Yemi Moshood Olatunde, was also arrested under similar circumstances and claims mistaken identity. The case remains pending.
The trial date for Dr Michael Shine, an 82‑year‑old retired consultant surgeon, will not be set until after a High Court judicial review. He faces 25 counts of indecent assault against 22 alleged victims, with the earliest incidents dating to 1964 and the latest to 1990, allegedly occurring at Our Lady's Hospital in Drogheda and a clinic in County Louth. Judge Mary Ellen Ring adjourned the matter again, noting that Shine's legal team are still awaiting the High Court's judgment and that no indication exists as to when it will be delivered. She scheduled a mention for January 14, giving the State and defence the liberty to re‑enter the case should the judgment return before that date.
Frances Mullarkey, a Senior Executive Officer who had served Galway City Council for almost twenty years, obtained a temporary High Court injunction that stops the council from dismissing her. In late October 2014, the council informed her of a planned dismissal following an internal disciplinary process that had sanctioned her for a house allocation issue, including a suspension without pay and a transfer. Mullarkey appealed the disciplinary findings, arguing the appeal process was flawed because it was conducted by the City Manager, who should not have had that authority. Her counsel, Marguerite Bolger SC, contended that the dismissal decision breached her client's rights and was a blatant violation of proper procedure. Judge Paul Gilligan granted the injunction, preventing the council from terminating her employment, appointing a replacement, or publicly announcing her dismissal, and ordered the matter to be revisited next week. The injunction was granted ex parte.
The family of the late Irish woman Stacia Purcell, who died after going missing in 2013, has brought a High Court action against 20th Century Fox Home Entertainment, WT6 Productions, UFO Film and Television Studios Ltd and UFO International Productions. They allege that a photograph of Mrs Purcell, taken by the family and used to aid the search for her, was incorporated into the horror film Wrong Turn 6: Last Resort without consent. The image appears about 22 minutes into the film, where it is portrayed as a missing 81‑year‑old man. The family claims the use of the image breaches copyright and privacy, causing them distress.
Aisha Ahmed, 49, was arrested at her Dublin home on suspicion of being a fugitive drug importer in Italy, where she is wanted to serve a 20‑year sentence imposed in her absence. She was brought before the High Court on a European Arrest Warrant issued by Italian authorities, who have been looking for the Nigerian native for several years. Ahmed was identified by the Garda Extradition Unit as Gloria Aro, with a date of birth in December 1967, and she denied being known as Aisha Ahmed or by the alias Linda. She also denied having ever been to Italy. Detective Sergeant Jim Kirwan presented a photograph of Ahmed from Interpol in Rome and said the woman's fingerprints matched those sent by Interpol. The court heard that the fingerprints were from the same person.
The High Court judge confirmed that the arrest of Yemi Moshood Olatunde, a 47‑year‑old Nigerian resident of Sundale Parade, Tallaght, was valid under a European Arrest Warrant issued by Italian authorities. Olatunde had been sentenced in Italy to 20 years' imprisonment for drug trafficking offences, including possession and sale of large quantities of cocaine, and was identified as a leader of the criminal organisation. Judge John Edwards stated that the person arrested matched the name in the warrant and that the court would consider any points of objection filed by counsel before the next hearing.
A 54‑year‑old Englishman, who has lived in Ireland since 2008, was extradited to the UK to face four historical child sex‑abuse charges, including three indecent assaults and one rape, alleged to have occurred between 1976 and 1984. He was arrested in Ireland under a European Arrest Warrant last month. His lawyers applied to the High Court to halt extradition, arguing prosecutorial delay and his rights to life and family life, noting that his only family contact was in Ireland. The court considered an affidavit from a psychiatrist warning of increased risk of self‑harm if surrendered, and an affidavit from the defendant describing a troubled childhood, alleged abuse, and alcohol problems. Judge John Edwards rejected the delay argument, found no violation of rights, and ordered extradition, remanding the defendant at Cloverhill Prison pending transfer to the UK. The decision was based on the seriousness of the offences and the expectation that UK authorities would provide appropriate protection.