Court archive
Naas Circuit Criminal Court
2020-01-27 · Kildare
Clive Kavanagh, 37, was found guilty of possessing €829,265 in cash at Tougher's Garage, Naas, on 1 September 2017, believing it to be proceeds of crime. He was sentenced by Naas Circuit Criminal Court to three years' imprisonment, with the final 18 months suspended, on 4 July 2019. The Court of Appeal upheld this sentence, rejecting the Director of Public Prosecutions' appeal that it was unduly lenient. The judge noted that Kavanagh was not the owner of the money and that the case involved theft. He had a history of self‑employment in construction and eight prior minor traffic convictions, plus a suspended sentence for drug possession. The suspended portion was justified to aid his family, who depend on him, and to encourage rehabilitation. The appeal was dismissed.
2019-03-29 · Kildare
In a case heard in Naas Circuit Criminal Court, Laurence Carthy, aged 43, was convicted of assault causing harm to his ex‑wife Joanne Carthy. The conviction was based largely on the victim's testimony that she recognised Carthy's voice during the assault. She identified him by the phrase "it's just because I miss you so much" and noted his breathing and grunting. No forced entry occurred, Carthy retained a key, and the family dog did not bark. A jury found him guilty and Judge Brian O'Callaghan sentenced him to three years' imprisonment, with 18 months suspended. Carthy appealed, arguing the voice‑recognition evidence was weak and that no other supporting evidence existed. The Court of Appeal dismissed the appeal, accepting the witness's familiarity with Carthy's voice as sufficient for conviction and rejecting further procedural objections. The appeal was dismissed by Justice Isobel Kennedy, Justice George Birmingham and Justice Patrick McCarthy. Laurence Carthy pleaded not guilty.
2017-10-09 · Kildare
Martin Stokes, aged 37, pleaded guilty to aggravated burglary, false imprisonment and assault with intent to commit an indictable offence after violently breaking into the home of his estranged partner Geraldine Cummins and her son. He entered the house at 2.40am, grabbed Cummins by the neck, pressed a sharp object into her throat and threatened to kill her and her unborn child unless she returned to him. Cummins, who was five months pregnant, was dragged into the kitchen and held with a knife. The mother, aunt and two children escaped and called for help; two men wrestled Stokes to the ground. Cummins' victim impact statement described lasting trauma, especially for her young son. Stokes was sentenced to eight years' imprisonment, with the final 15 months suspended after the Court of Appeal considered his progress toward rehabilitation while in custody. The suspended period requires a good‑behaviour bond for three years post‑release.
2017-10-09 · Kildare
Ibrahim Lawel, a 36‑year‑old Nigerian resident of Marina Court, Athy, pleaded guilty in Naas Circuit Criminal Court on 25 May 2011 to possession of cocaine for sale or supply in County Kildare. The cocaine, worth €1.4 million, had been delivered in a green bag marked "Diplomatic Mail" and falsely addressed to a fictitious South African consul, Tony Tuto, at his own address. Lawel accepted the parcel, signed for it, and later left the premises in his car. He claimed he was unaware of the drugs and had signed as a favour for a friend, a plea based on recklessness. The original 10‑year sentence, with the final three years suspended, was quashed by the Court of Appeal, which found the mitigating discount inadequate. Lawel was resentenced to six years imprisonment, with the final 18 months suspended, after the Court of Appeal reversed a prior discharge and reinstated the charge.
2017-07-31 · Kildare
Keith Jackson Fleming, 26, of Glenshane, Kilteel, was sentenced to four years' imprisonment for dangerous driving that caused the death of his friend Dara Cottuli on 28 November 2015. The final year of the sentence was suspended. Fleming also pleaded guilty to driving without a licence or insurance and to failing to provide a blood sample. He was found to have been under the influence of alcohol and drugs, including D10s and Xanax, at the time of the crash. The vehicle veered, struck a ditch, a timber fence and a stone pillar before crossing the road again. The Court of Appeal upheld the sentence, noting that the judge had considered the seriousness of the offence and the circumstances, and found no error in the decision to suspend the final year.
2017-05-26 · Kildare
A 42‑year‑old man was convicted at Naas Circuit Criminal Court of defilement of a child and sexual assault against a 14‑year‑old schoolgirl who was staying for a sleepover at her friend's house. He pleaded guilty to five counts in January and February 2014. Judge Michael O'Shea imposed an effective eight‑year sentence on 4 December 2015. On appeal, the Court of Appeal suspended the final twelve months of that term, citing the early guilty plea as a mitigating factor that should have been specifically addressed in the original sentence. The appeal judge, Mr Justice George Birmingham, noted the victim's Asberger's Syndrome and the severe impact of the offence, but upheld the eight‑year term with a suspended year, leaving a three‑year post‑release supervision period in place. The case involved a significant age gap and grooming elements, with the offender's partner being the victim's friend's mother.
2016-11-14 · Kildare
Trevor Gleeson, a 36‑year‑old prison officer from Monasterevin, Co. Kildare, successfully appealed a conviction for possessing drugs. In 2009 he was charged with simple possession of controlled drugs and possession for sale or supply at Grey Abbey Road, Kildare Town. A jury found him guilty of five possession counts but could not reach a verdict on the sale or supply charge; a retrial on that charge ended with a jury discharge after late disclosure of CCTV footage. Gleeson received a wholly suspended 18‑month sentence in 2014. The Court of Appeal ruled that the trial judge erred in instructing the jury on the defence of duress and that CCTV footage, which had existed at the time of the first trial, was improperly withheld. The appeal was allowed on those grounds, with no further determination on other issues such as the Garda investigation. The case remains at the appeal stage. Trevor Gleeson pleaded not guilty.
2016-06-24 · Kildare
James O'Donovan, aged 30, of Athy, Co Kildare, was found guilty of dangerous driving causing the deaths of his girlfriend Rosanna Potts (22) and Teresa Kiely (49) on 27 December 2012. He had pleaded not guilty and was originally sentenced to seven years' imprisonment by Judge Leonie Reynolds on 2 March 2015. On appeal the Court of Appeal deemed the sentence "unduly severe" and ruled that O'Donovan's defence, which sought to attribute blame to Ms Potts, was not an aggravating factor. The Court therefore resentenced him to five years' imprisonment with the final year suspended, reduced his 30‑year driving disqualification to 12 years, and required a good‑behaviour bond. The case involved expert testimony that the Mitsubishi Pajero he was driving entered the wrong side of the road and collided with a Toyota Prius, killing Ms Kiely and injuring her daughter.
2016-06-20 · Kildare
James O'Donovan, 30, of Athy, Co. Kildare, is appealing a conviction and seven‑year prison sentence for dangerous driving that caused the deaths of his girlfriend Rosanna Potts, 22, and Teresa Kiely, 49, on 27 December 2012. The case was heard at Naas Circuit Criminal Court, where a jury found O'Donovan guilty of causing the fatal crash on a straight, dry stretch of road in daylight. The car veered into a ditch, travelled along it, then zig‑zagged back onto the road, spinning three times before colliding with a second vehicle carrying Kiely and her daughter. O'Donovan claimed his girlfriend was arguing with him and that she had pulled at his hoodie, but the court described his attempt to blame her as "utterly reprehensible." In the appeal, his counsel argued that conflicting forensic collision expert opinions left the exact cause of the accident uncertain and that the jury should have chosen the version most favourable to the accused. James O'Donovan pleaded not guilty.
2016-05-09 · Kildare
Trevor Gleeson, 36, of Monasterevin, Kildare, was convicted of possessing €5,791 worth of controlled drugs and was found guilty of possession at Naas Circuit Criminal Court. The jury did not reach a verdict on the charges of possession for sale or supply and dangerous driving, which were later dropped during a retrial. Gleeson was given a wholly suspended 18‑month sentence by Judge Leonie Reynolds on 31 January 2014. His barrister, Damian Colgan SC, has now opened an appeal, arguing that the State suppressed evidence that would have supported Gleeson's claim of acting under duress from associates of a well‑known criminal gang. Colgan cites a CCTV footage that was not provided to the defence in the first trial and claims the State's failure to disclose it led to the dropping of the remaining charges. Trevor Gleeson pleaded not guilty.
2016-02-09 · Kildare
Christpher Dunne, 29, of Kilcronan Court, Clondalkin, pleaded guilty to burglary at Old Chapel Wood, Naas, on 15 March 2011. He was sentenced on 25 July 2014 to five years imprisonment, with the final 12 months suspended. Dunne had 125 previous convictions, 97 of which pre‑dated the offence, and was a father of three and an addict of heroin at the time. During the burglary he threatened to behead a garda while escaping, and had a baseball bat that he swung at the officer. The Court of Appeal, in a three‑judge panel, held that the sentence was proportionate and just, dismissing Dunne's appeal. The judge noted the offence was an "egregious burglary" involving baseball bats, screwdrivers and vice grips, and that the maximum sentence for burglary is 14 years. The suspended year was intended to incentivise rehabilitation. The appeal was dismissed.
2015-12-15 · Kildare
Michael O'Shea, 70, of Smithstown, Maynooth, had been convicted of careless driving causing the death of Kevin O'Sullivan at Graiguesallagh, Ladychapel, in January 2013. He had pleaded not guilty at Naas Circuit Criminal Court, was disqualified from driving for four years, fined €5,000 and ordered to retake a driver competency test. In December 2014 Judge Gerard Griffin directed the disqualification and fine. On 15 December 2015 the Court of Appeal, hearing the appeal, found that the trial judge had misdirected the jury by classifying the offence as one of strict liability. The Court of Appeal allowed the appeal and directed a retrial. The appeal was argued by Damien Colgan SC, who contended that the jury had not been properly instructed on the requirement of intention or recklessness for the offence of careless driving causing death.
2015-11-12 · Kildare
A 51‑year‑old man was jailed for sexually exploiting a 15‑year‑old special needs student. He had pleaded guilty to one count of sexual exploitation of a child at a known location on 23 December 2010. The original sentence was six years' imprisonment, with the final two years suspended. On appeal the Court of Appeal found the six‑year starting point "simply too high" and re‑sentenced him to four years' imprisonment, again with the final two years suspended. The judge noted that the victim had Asperger's syndrome and a special needs assistant, and that the offender had contacted her through an adult dating website in October 2010, grooming her via phone calls and text messages. They arranged to meet on 23 December 2010 during the victim's lunch break. The offender drove her to a roadside location, forced sexual contact, and later threatened her not to report the incident.
2015-06-26 · Tipperary
Alan Freeman, aged 34, was convicted of theft for his role in a January 2009 robbery at Carrick on Suir, Tipperary, where more than 40 firearms were taken. He pleaded guilty at Naas Circuit Criminal Court and was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. The Court of Appeal noted the robbery's significance to the Gardaí and that Freeman had been assisted by experienced counsel. On appeal, Judge George Birmingham reviewed Freeman's earlier suspended sentence of eight years for a bank robbery, of which six years had been reactivated, making a global sentence of 13 years. Applying the principle of totality and proportionality, Birmingham suspended two years of the seven‑year sentence, leaving Freeman with an overall sentence of 11 years. He agreed to a €100 bond to maintain peace and good behaviour during the suspended period.
2015-04-20 · Tipperary
Alan Freeman, aged 34, pleaded guilty to theft in a 2009 robbery of over 40 firearms at Carrick on Suir, Tipperary. He was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. In a Court of Appeal hearing on 20 April 2015, Freeman's counsel, Dominic McGinn SC, applied to appeal the conviction on the single ground that the prosecution bore the burden of proving Freeman was not induced into pleading guilty. McGinn argued that Freeman had extensive contact with a senior investigating Garda, a detective superintendent, up to the evening before the plea, including phone calls and face‑to‑face meetings, and that this contact was not disclosed to Freeman's legal team. He claimed Freeman effectively told his counsel he would plead guilty regardless of advice. The Director of Public Prosecutions' counsel, Patrick McCarthy SC, countered that Freeman's plea was freely made and that no illegal conduct had occurred.
2015-03-02 · Kildare
James O'Donovan, 29, of Athy, County Kildare, was convicted of dangerous driving that caused the deaths of his girlfriend Rosanna Potts, 22, and Teresa Kiely, 49, at Youngstown, Athy on 27 December 2012. The crash occurred when O'Donovan's Pajero SUV appeared to drive into a ditch on its own side of the road before swerving into the middle of the road at high speed and striking Teresa Kiely's Toyota Prius. Teresa died at the scene; Rosanna was taken to Naas Hospital and later to The Mater Hospital, where she died three weeks later. O'Donovan pleaded not guilty, claiming that Potts was pulling on his hoodie and arguing with him, causing him to lose control. A Garda forensic investigator found no evidence of braking and said the crash was caused by O'Donovan attempting to manoeuvre at too high a speed. He had been previously convicted for dangerous driving that caused spinal injuries to another driver two months earlier.
2014-11-24 · Kildare
In November 2014, Mark Mahony, aged 34, and Jason Brennan, aged 33, were convicted of possessing €3.5 million worth of cocaine and heroin. Both were sentenced to 13 years' imprisonment, with a three‑year portion suspended, by Judge Martin Nolan at Naas Circuit Criminal Court. The pair had met in the car park of a service station in Naas on 17 January 2013, where they transferred boxes of drugs to Mahony's car. They were arrested as they tried to leave the car park. The drugs were valued at €488,761 of cocaine and just over €3.1 million of heroin. Both men appealed, arguing the sentence was excessive and that mitigating factors had not been adequately considered. Judge Garrett Sheehan rejected the appeal, noting that neither had prior convictions, that Mahony had worked from age 15 and had been drug‑free at sentencing, and that Brennan had worked steadily from 2003 to 2012 and had a family. Mark Mahony pleaded guilty. Jason Brennan pleaded guilty.