Court archive
Roscommon Circuit Court
2024-01-29 · Roscommon
Michael King, 53, of Warren View, Boyle, Co Roscommon, appealed to the Court of Appeal against his five-and-a-half-year sentence for 12 counts of sexual assault. In May 2023, Judge Kenneth Connolly at Roscommon Circuit Court jailed King after a jury unanimously convicted him on all counts, despite his not guilty pleas. The offences, committed over nine months ending in September 2005, involved the sexual abuse of a 16-year-old babysitter. King was sentenced to five-and-a-half years on two consecutive counts of sexual assault, with the other ten charges taken into account. The trial judge reduced a headline sentence of two-and-a-half years on one count to 18 months, suspending the final 12 months, and reduced an eight-year headline on another count to five years. Counsel for King argued the sentence was excessive and that consecutive sentencing was inappropriate. Counsel for the State contended the sentence reflected the gravity of the escalating abuse and breach of trust. The Court of Appeal, comprising Mr Justice Edwards, Mr Justice Birmingham, and Mr Justice McCarthy, noted the lack of guilty pleas and the significant age disparity. The court reserved its judgement in the matter.
2022-11-03 · Roscommon
Muiris Flynn, an electrician convicted of dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Doon, Co Roscommon, on 24 September 2017, has won an unfair dismissal claim against Irish Rail. Flynn pleaded guilty to these charges and was sentenced in October 2019 to four years in prison, with the final 30 months suspended. Although the Court of Appeal later deemed the original sentence unduly lenient, it did not increase the active custody portion, instead imposing a €20,000 fine. Irish Rail terminated Flynn's employment in March 2020, arguing his contract was frustrated by his imprisonment. However, the Workplace Relations Commission rejected this argument. Adjudicating officer Brian Dolan found that Irish Rail failed to consult Flynn and that his absence did not necessitate termination. The tribunal awarded Flynn €4,000 in compensation, noting that while his conduct contributed to the dismissal, the employer had not proven the contract ended by frustration. This decision upholds Flynn's complaint under the Unfair Dismissals Act 1977, confirming that his dismissal was unlawful despite his criminal conviction and imprisonment.
2022-02-08 · Sligo
Muiris Flynn, a 32-year-old electrician from Co Sligo, is appealing his unfair dismissal from Iarnród Éireann to the Workplace Relations Commission. Flynn, who pleaded guilty in 2019 to dangerous driving causing serious bodily harm to Ms Áine O'Connor and Catherine Carey, drink-driving, and driving without insurance in Co Roscommon, was sentenced to 30 months in prison with the final year suspended. He served 10 months of this sentence. In March 2020, while incarcerated, he received a letter terminating his contract due to frustration. Iarnród Éireann's solicitor, John Brosnan, stated the company relied on legal advice that Flynn could not fulfil his contract while in jail and that a disciplinary process was inappropriate. Flynn's barrister, Michael Kinsey, argued the dismissal was a "flag of convenience" and highlighted that Flynn's employee handbook allowed for leave of absence up to two years. Adjudicating officer Brian Dolan noted the termination letter was sent halfway through Flynn's term, questioning the legal basis of frustration. The matter was adjourned, with the adjudicator to issue a decision in due course based on case law and Flynn's evidence. Separately, the Court of Appeal previously found Flynn's original sentence unduly lenient but did not increase his active custody, instead ordering a €20,000 fine.