Court archive

The Central Criminal Court

2017-12-04 · Louth

Jury to begin deliberating in double murder trial

A jury will start deliberating on the trial of 34‑year‑old Jason O'Driscoll, who is charged with murdering 31‑year‑old Anthony Burnett and 25‑year‑old Joseph Redmond in County Louth on 7 March 2012. The case alleges that the two men were on their way to sell O'Driscoll a stolen Volkswagen Golf when they were shot in a burning car in Ravensdale Forest Park. Firefighters found the bodies with gunshot wounds to the heads. O'Driscoll pleaded not guilty. The defence suggested that another person might have been responsible or that one of the deceased betrayed the other, leading to a different shooter. Judge Patrick McCarthy explained the trial's proceedings, the legal definitions, and the jury's requirement for a unanimous verdict. He also noted that evidence of a substance found in an abandoned Mercedes in Northern Ireland was deemed unreliable and excluded from consideration. The jury will retire tomorrow morning to consider the verdict.

2017-12-01 · Dublin

Man who tried to murder friend in case that "might as well have appeared in a Love/Hate script" withdraws appeal

Patrick McCann, 24, of Ballyfermot, pleaded guilty to attempted murder of 19‑year‑old Luke Wilson and to possession of a firearm with intent to endanger life. The incident occurred on 13 January 2013 at Liffey Gaels, Memorial Park, Inchicore, when Wilson was shot in the arm, neck and face but escaped injury because the gun jammed twice and McCann fled. In sentencing, Mr Justice Paul Carney described the case as "might as well have appeared in the Love/Hate script" and imposed a 20‑year sentence, suspending the final three years. He cited McCann's long‑standing dependence on alcohol and drugs and a dysfunctional family background as mitigating factors. McCann was due to appeal the sentence, but after a hearing in the Court of Appeal, his barrister Keith Spencer announced that McCann wished to withdraw the appeal.

2017-12-01 · Louth

Judge charging jury in double murder trial

In a Central Criminal Court trial, a 34‑year‑old Dubliner named Jason O'Driscoll is charged with the murders of 31‑year‑old Anthony Burnett and 25‑year‑old Joseph Redmond, who were found dead in a burning car in Ravensdale Forest Park on 7 March 2012. The prosecution alleges O'Driscoll participated in the killings, while the defence suggests another person may have been responsible or that one victim betrayed the other. Mr Justice Patrick McCarthy charged the jury on Thursday and will resume the charge on Monday when deliberations are expected to begin. Jason O'Driscoll pleaded not guilty.

2017-11-30 · Louth

Defence ask whether one shooting victim may have betrayed the other

In a double‑murder trial, defence counsel Seán Guerin SC argued that one of the deceased car thieves might have betrayed the other, leading to their deaths in a stolen car they had agreed to sell to the accused, Jason O'Driscoll. Guerin highlighted that the two men had only known each other for about a week before the incident and that they had not yet travelled north to meet O'Driscoll. He questioned whether a third party, such as witness Richie Cullinan, could have been involved or tipped off a killer. Guerin also raised the issue of an unknown phone number appearing in the victims' records that night, suggesting it could have been used to arrange the murders. He urged the jury to consider these alternative explanations before finding O'Driscoll guilty, noting that the prosecution had not investigated these possibilities. The judge has begun charging the jury for deliberation. Jason O'Driscoll pleaded not guilty.

2017-11-29 · Louth

Footage shows double murder accused "escorting" deceased men's car "to its doom", State tell jury

In a 2017 double‑murder trial, the prosecution presented CCTV footage and mobile‑phone records to the jury, arguing that the accused, 34‑year‑old Jason O'Driscoll, was escorting the stolen Volkswagen Golf to its destruction. The evidence included a call from the deceased men to a phone linked to O'Driscoll, a brief period of traffic footage showing two cars near the scene, and a later sighting of O'Driscoll in a blue shirt leaving a chip shop. The prosecution claimed these strands, taken together, proved O'Driscoll's presence, participation and guilt. The defence was scheduled to present its closing argument before the judge. The case remained at the trial stage, with no verdict announced. The article does not state any outcome or further proceedings. Jason O'Driscoll pleaded not guilty.

2017-11-29 · Louth

Closing speeches in double murder trial

The jury is hearing closing speeches in the trial of a 34‑year‑old Dubliner charged with the double murder of 31‑year‑old Anthony Burnett and 25‑year‑old Joseph Redmond in Louth on 7 March 2012. The accused, Jason O'Driscoll, has pleaded not guilty. The State alleges the victims were on their way to sell a stolen car to O'Driscoll and that he participated in their killings. Prosecutor Alexander Owens SC presented witness statements, mobile‑phone records and other evidence to the jury before Mr Justice Patrick McCarthy.

2017-11-27 · Dublin

Principle of joint enterprise central to case, murder trial jury told

In the murder trial of Andrew Gibney, a 25‑year‑old from Mulhuddart, the judge emphasised that the principle of joint enterprise is central to the case. Gibney pleaded not guilty to the killing of Gerard Burnett, 28, who was stabbed six times on the right side of his chest, causing fatal injuries to his lung, heart and liver. Prosecutor Vincent Heneghan argued that five men were involved and that each was guilty of murder, citing evidence that Gibney admitted to stabbing Burnett three times and that the group acted together. Defence counsel Giollaiosa O Lideadha contended that the law requires individual guilt and that Gibney may have been part of a joint enterprise but not necessarily the one who inflicted the fatal wounds. The judge instructed the jury that they could return a verdict of not guilty, guilty of murder, or guilty of manslaughter, and that a unanimous decision was required.

2017-11-23 · Louth

Double murder trial hears evidence of mobile phone analysis

The Central Criminal Court trial of Jason O'Driscoll, a 34-year-old Dublin man, continued with evidence regarding mobile phone data analysis. O'Driscoll, of Richmond Avenue, Fairview, has pleaded not guilty to the alleged murder of 31-year-old Anthony Burnett and 25-year-old Joseph Redmond in Co Louth on March 7, 2012. The jury heard testimony from An Garda Síochána analyst Eddie McGoey, who presented charts summarising contact between eight phone numbers of interest on the day of the alleged killings. McGoey referenced CCTV footage of a Newry hotel payphone and credit purchases at Mulkerns Eurospar. Under cross-examination by Seán Guerin SC, the defence highlighted a table showing that calls between a phone attributed to Burnett and a witness were followed by contact with an unknown number, with which Burnett had no prior contact in the available six-week record. McGoey agreed that Gardaí had not provided records for this unknown number, meaning potentially significant information was excluded from his original analysis. He conceded that, in theory, the unknown number could have used the same cell sites as the phones attributed to the deceased. The trial is before Mr Justice Patrick McCarthy, who indicated the case is moving towards a close. The matter was adjourned and continues on Tuesday.

2017-11-16 · Louth

"It was all lies I told on him": witness refuses to give evidence at double murder trial

The Central Criminal Court trial of Jason O'Driscoll, a 34-year-old Dubliner who has pleaded not guilty to the alleged murder of Anthony Burnett and Joseph Redmond in Co Louth on March 7th, 2012, continued before Mr Justice Patrick McCarthy. Prosecuting counsel Alexander Owens SC called witness Richie Cullinan to give evidence for the State. However, when asked to stand to take the oath, Mr Cullinan refused, stating, "It was all lies I told on him." Despite the judge warning that refusal constituted contempt of court and ordering him to take the oath, Mr Cullinan maintained his refusal. The judge subsequently excused the jury while the State moved on to other technical evidence. This incident marked the second instance in the trial where a witness refused to testify; previously, Crystal Jackson had also refused to swear, stating she did not stand by her statement. The trial, which involves charges of murdering two men found with gunshot wounds in a burning car in Ravensdale Forest Park, continues before a jury of eight men and four women.

2017-11-03 · Dublin

Rapist who abducted victim's child has 15-year sentence increased to 19 years

Michael Murray, aged 46, was sentenced to 19 years in prison after an appeal by the Director of Public Prosecutions increased his original 15‑year term. The Court of Appeal found the original sentence unduly lenient, citing the appalling nature of the offences, his extensive prior criminal record and the absence of any mitigating factors. Murray was convicted of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment, and theft. He lured a woman into an apartment by claiming an elderly woman was dying, bound and drugged her, raped her, and abducted her four‑year‑old son, abandoning the child in a city centre square. The judge noted the severity of the crime, the prolonged duration of the assault, the use of restraints and threats, and the lack of any mitigating circumstances.

2017-11-02 · Tipperary

Interviewing gardai should not have supervised murder suspect's cigarette breaks, lawyers submit

In a 2017 appeal, lawyers for Maurice Power, a 34‑year‑old from Kilmoyler, argued that Gardaí supervising his cigarette breaks during an interview on suspicion of murdering Shane Rossiter violated proper procedure. Power, who had pleaded not guilty to Rossiter's 2012 murder, was found guilty by a jury of 11‑1 and received a mandatory life sentence in 2014. His barrister, Dominic McGinn SC, contended that the Gardaí's involvement in the breaks, supposedly due to resource constraints, effectively influenced Power's confession. He claimed the Gardaí provided information that Power repeated, thereby inducing the confession, and that the trial judge failed to question the admissibility of the confession and related evidence. The Director of Public Prosecutions' counsel dismissed these claims, describing them as lacking substance, and the court was to reserve judgment.

2017-10-03 · Dublin

"Depraved" rapist who abducted victim's child facing increase on 15-year sentence

The Court of Appeal has reserved its judgment on an appeal by the Director of Public Prosecutions seeking a review of Michael Murray's 15-year prison sentence as unduly lenient. Murray, 46, formerly of Killiney, Dublin, was found guilty by a unanimous jury of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft committed in February 2010. He had previously denied the charges and lost an appeal against his conviction in March. Prosecutors argued the sentence failed to account for aggravating factors, including pre-meditation, deception, and explicit threats to the victim's four-year-old son. Defense counsel contended the trial judge exercised proper discretion. The court, comprising Justices Birmingham, Mahon, and Edwards, heard submissions but did not finalize the sentence, instead adjourning the matter to reserve judgment.

2017-07-10 · Ireland

Rape accused tried to reconcile, wife tells trial

In a Central Criminal Court trial, a woman accused her husband of raping her on Christmas Day 2003. She described how, after the alleged assault, he attempted to reconcile, but she could not trust him and could not get over the incident. The accused, who cannot be named, pleaded not guilty to two counts of rape, one count of oral rape and one count of anal rape. The woman recounted the events of the day, including a Christmas dinner with relatives, her consumption of wine, and the alleged assault that began with her husband pulling her shoulder and forcing his penis into her mouth, then into her vagina and anus, despite her repeated refusals. She said he later backed off, she pushed him off, and no further contact occurred that night.

2017-07-07 · Kildare

Man has jail term halved for "experimental" rape of girl when he was a minor

A 24‑year‑old Kildare man, whose name is withheld to protect the 11‑year‑old victim, was originally sentenced to four years' imprisonment for two counts of sexual assault and an oral rape committed when he was 15. The offences involved blindfold games in which he forced his penis into the girl's mouth. The judge suspended the final two years, giving an 18‑month custodial term with six months suspended. On appeal the Court of Appeal found the original sentence did not adequately discount his youth and lack of maturity, and re‑sentenced him to 18 months with the final six months suspended for twelve months. The man pleaded guilty, described his actions as "experimental", expressed remorse, and had no prior convictions. He had subsequently qualified as an engineer and was considered unlikely to reoffend. The case was reported to Gardaí in 2013 and involved no violence or threat of violence.

2017-06-26 · Louth

Issue of duress in impeding trial "does not stack up", prosecution tell jury

In a 2017 trial, Aivars Sondors, aged 55, faced three counts of assisting an offender by impeding the apprehension or prosecution of Marius Gaizutis, who had unlawfully killed Audrius Butkus, aged 44, on 9 or 10 September 2013. Sondors admitted the allegations but pleaded not guilty. Prosecutor Patrick Gageby argued that Sondors' actions—moving the body from a house on Marsh Road, disposing of evidence, and cleaning the scene—required effort, concentration and thought, and that no duress existed. He contended that Gaizutis, who was drunk, had no threat toward Sondors or his loved ones, and that Sondors' fear was not a threat of serious injury or death. Defence counsel Colman Fitzgerald urged the jury to consider Sondors' duress and reasonable excuse, noting his honesty and the lack of a willing participation in the aftermath of the killing. The jury was instructed to decide on duress and reasonable excuse before deliberation.

2017-06-26 · Waterford

Trial date set for man accused of murdering 90-year-old Paddy Lyons

A trial date of 4 June 2018 has been set for Ross Outram, 26, of Ferryland, Waterford Road, Clonmel, who is charged with murdering 90‑year‑old Paddy Lyons in Waterford. Lyons was found slumped in a chair at his home with blood on his face and head injuries on 25 February. The case will be heard before a judge and jury in the Central Criminal Court.

2017-06-20 · Louth

Murderer threatened to kill partner, witness tells impeding trial

The trial of Aivars Sondors, 55, for impeding a homicide investigation has focused on his alleged assistance to Marius Gaizutis in covering up the murder of Audrius Butkus, 44, who died from a violent assault in Louth. Sondors is charged with three counts of aiding the offender on 9 or 10 September 2013 by moving Butkus's body from a house on Marsh Road, Drogheda, to Mornington Beach, cleaning the scene, and disposing of evidence at Burke House. He has pleaded not guilty to all counts, though he admitted the allegations. The jury must decide whether duress was involved. Witness testimony from Carmen Canales, who hosted the killer's partner and children at her home that night, highlighted the partner's threats and the family's fear. The case remains before Mr Justice Paul Coffey.

2017-05-24 · Ireland

Father-of-five gets 10-year sentence for raping pregnant partner

A 53‑year‑old man, whose name is withheld to protect the victim, was convicted of two counts of rape and three counts of sexual assault against his then heavily pregnant partner. The Central Criminal Court found that the woman gave birth to their second child three days after the first rape. The man had pleaded not guilty to the rape charges, but the jury convicted him after a three‑week trial. In December 2016 he was convicted of the sexual assault offences, which were recorded as having been filmed with a torch and his mobile phone. The court imposed a ten‑year prison sentence, suspending the final six months unconditionally and two years on the condition that he engage in a sex‑offender treatment programme in custody. The victim's impact statement described her shock, mental breakdown and belief that the accused should never be released from prison.

2017-05-03 · Dublin

Jury to resume deliberations in Terenure murder trial

The Central Criminal Court jury resumed deliberations on the murder trial of 34‑year‑old Gary Walsh, who is charged with killing 62‑year‑old Cathal Sweeney in Ashdale Gardens, Terenure. Sweeney died from blunt‑force trauma after being punched in the face while watching rugby in a friend's flat. Walsh, a father‑of‑one living in Templeogue, pleaded not guilty to murder but guilty to manslaughter in 2014. The jury heard arguments from both sides on Tuesday, spent nearly two hours today, and adjourned for the evening.

2017-03-28 · Ireland

Father jailed for rape and sexual abuse of daughter

A 53‑year‑old man was sentenced to eight and a half years in prison for sexually abusing and orally raping his 10‑year‑old daughter on three separate occasions between February 1994 and September 1996. He denied the charges but later admitted the abuse in court and on social media, apologising to his daughter. The judge noted that the man had expressed sorrow and shame but still lacked full insight into the impact of his actions. He was found to pose a low risk of re‑offending and was ordered to have no contact with his daughter indefinitely unless she agreed. The court heard that the man had taken his daughter to his bed, forced her to perform oral sex, and left a £50 note after each incident. The daughter, now 32, had only come forward in 2014, after learning her father had a new partner with young daughters. The unnamed man was convicted.

2017-03-27 · Ireland

Mother supported daughter's rapist throughout trial

In a Meath case, a 39‑year‑old man sexually abused three daughters of a woman after moving into their home. One victim, 15, was raped while ill; the next day she told her mother. The accused and his partner left for Gardaí, but the mother later claimed the man falsely said the daughter had touched him first and she chose not to report. She then washed the bedclothes and the rape scene, and the next day took her daughter to a GP for the morning‑after pill, claiming consensual sex with a 17‑year‑old. Gardaí were alerted when the girls' school notified HSE. The children were placed in care; the accused moved out. The mother supported him during the trial, alleging intimidation by her daughters and feeling "under duress." The accused was convicted of one rape and 12 sexual assault counts, but he does not accept the verdict. He was remanded for sentencing.

2017-03-27 · Ireland

Jail for man who sexually assaulted 10-year-old daughter of family friend

A 42‑year‑old man was sentenced to three‑and‑a‑half years in jail, with the final year suspended, for sexually assaulting a girl who was aged between ten and fourteen when the offences occurred between 2004 and 2007. The Central Criminal Court found the man had betrayed the trust of a family friend and that the age disparity was an aggravating factor. The judge noted the man's good work history and clean record as mitigating factors. He was convicted on four counts of sexual assault after a trial in December 2016. The victim, who was a daughter of a family friend, described how the abuse forced her to leave home early, accelerated her maturity, damaged her relationships with her father and siblings, and caused ongoing headaches and fear of intimacy. The judge required the man to participate in a sex‑offender treatment programme while in prison.

2017-03-14 · Wicklow

Accused went home for dinner, fell asleep in front of TV after beating woman to death, trial hears

In a trial at the Central Criminal Court, 40‑year‑old Roy Webster of Ashbree, Wicklow, pleaded not guilty to murder but guilty to the manslaughter of Anne Shortall, 47, who died on Good Friday, 3 April 2015, at The Murrough. Webster admitted striking Shortall on the head with a hammer three or four times after she threatened to inform his wife about a prior affair. He claimed he had no intention to kill her, describing the act as a panic‑driven response to her threats. After the assault, he drove to a Centra shop, called his wife, returned home, ate dinner, and fell asleep in front of the television, claiming life returned to normal. He later discovered Shortall's body in his van, taped her, and moved her to his workshop. A pathologist's report later confirmed she was not pregnant and had been struck nine times on the head. The case proceeds before Justice Patrick McCarthy and a jury.

2017-03-13 · Ireland

Man to be sentenced for sexually assaulting daughter of family friend

A 42‑year‑old foreign national was convicted by a Central Criminal Court jury of four counts of sexual assault against a girl who was aged between ten and fourteen at the time of the offences, which occurred between 2004 and 2007. The assaults took place at the victim's home while the accused was visiting. The first incident involved the accused telling the ten‑year‑old that she was pretty and touching her breasts for about two minutes. Similar incidents occurred in 2005 and 2006, involving touching the girls' breasts and vaginal area outside her clothes. When she was about fourteen, the accused put his fingers in her vagina. The accused was arrested and interviewed in 2013 when the offences came to light and denied the incidents had occurred. He has a number of minor previous convictions.

2017-03-13 · Cork

Murder accused claimed to remember strangulation only after gardai mentioned it, trial hears

During a murder trial in the Central Criminal Court, Ciprian Grozavu, aged 42, was charged with the killing of 27‑year‑old Jonathan Duke on 13 November 2011. The court heard that Grozavu claimed he only recalled witnessing a strangulation in his flat after a Garda officer mentioned it to him. The trial also involved testimony about Grozavu's acquaintance, Catherine O'Connor, who had been found guilty of murdering Duke, whose body was discovered in the River Bandon. Jury members listened to interviews with Grozavu in which he described O'Connor stabbing and poking Duke in the flat before dragging him, unconscious, down the stairs. Detective Sergeant Ann Murphy had left an interview and later returned with information that Duke likely died of strangulation. The court continued before Mr Justice Paul Butler and a jury of eight men and four women.

2017-03-06 · Dublin

Community Service report ordered for man who "ferociously" beat ex-girlfriend because she found new partner

In a Central Criminal Court hearing, a 34‑year‑old man, Robert Maguire, was found to have falsely imprisoned and violently assaulted his 30‑year‑old ex‑girlfriend after learning she had a new partner. The court heard that the woman woke to find Maguire standing over her, spitting and threatening to kill her, before he kicked her in the genitals and beat her until she became unconscious. She and her nine‑year‑old son were left severely traumatised, and she expressed a need for safety and trust in the law. Maguire pleaded guilty to assault causing harm and false imprisonment on 14 January 2012. The judge, Mr Justice Paul Butler, ordered the Probation Service to assess whether Maguire is suitable for community service, noting the false imprisonment was at the lower end of the scale. He remanded Maguire on continuing bail until 22 May, when a sentence will be imposed.

2017-03-03 · Dublin

Rapist who abducted victim's child fails in appeal against conviction

Michael Murray, 46, was sentenced to 15 years in prison for raping a woman, assaulting her, abducting her four‑year‑old son, threatening to kill them, and committing theft and false imprisonment in a Dublin apartment on 12–13 February 2010. He lured the victim by claiming an elderly woman inside needed help, bound and drugged her, and then took the child to a city centre square at night. Murray denied all charges, but a jury found him guilty on every count. He appealed the conviction on grounds including alleged inadmissible interviews, failure to disclose evidence, and lack of warning about social media influence. The Court of Appeal, hearing the appeal on 3 March 2017, dismissed all of Murray's arguments, upheld the conviction, and noted that the trial was not unsatisfactory or unsafe. The Director of Public Prosecutions will seek a review of his sentence for being "unduly lenient.".

2017-02-27 · Dublin

Victim tells court that abuser used status to "silence and belittle" him during trial

A 71‑year‑old Dublin man, whose name is withheld for legal reasons, was found guilty by a jury of five counts of indecent assault and one count of sexual assault against his nephew, aged 15 to 17, between 1989 and 1991. The nephew, now 42 and a father of two, testified that the uncle used his high family status and education to "silence and belittle" him during the trial, claiming the allegations were fabricated. The uncle had previously been convicted of 42 offences, including rape and indecent assault, and was serving a 10‑year sentence for similar crimes. The nephew described the abuse as traumatic, noting that the uncle's respected position in the family prevented him from speaking out for years. The case was heard in the Central Criminal Court, with sentencing scheduled for March 6 by Mr Justice Patrick McCarthy. The unnamed 71-year-old pleaded not guilty.

2017-02-20 · Ireland

Autistic teen will not be jailed for rape if adequate supports put in place

An autistic 17‑year‑old who raped a 13‑year‑old boy and sexually assaulted another was convicted of one count of rape and two counts of sexual assault. The Central Criminal Court, hearing the case in a midlands town, imposed a three‑year sentence but deferred its imposition until January 2018, hoping a multi‑agency care plan would be in place. Judge Paul Coffey noted the boy's moderate risk of re‑offending if support services were not urgently intervened and directed a new report on the accused. He said he could suspend all or part of the prison term depending on the boy's progress and the services available. The boy will remain under Probation Services supervision while awaiting the final decision. The case involved allegations of abuse against the accused, one of which remains under investigation. The unnamed 13 year old pleaded not guilty.

2017-02-20 · Dublin

Man who was teen when he sexually abused nephew is jailed for 10 years

A Dublin man, who was 16 when he began sexually abusing his eight‑year‑old nephew, was sentenced to ten years' imprisonment by the Central Criminal Court. The court heard that the abuse, which began in 1988 and continued until 1991, involved indecent assault, anal rape and sexual assault. The victim described the uncle's behaviour as "disgusting" and said he was forced to speak about it in front of women. He also reported that the uncle had a "deeply inappropriate" sexual relationship with an adult in the household. The judge, Mr Justice Patrick McCarthy, noted the "appalling regularity" of the abuse and the vulnerability of the child, and imposed concurrent sentences totalling ten years, with a three‑year post‑release supervision order. The accused had been living with the victim's family and had denied the allegations when interviewed by Gardaí. The unnamed accused was convicted.

2017-02-17 · Limerick

Father-of-two jailed for life for bludgeoning man to death with table leg

Arnis Labunskis, a 57-year-old Latvian national from Limerick City, has been sentenced to life imprisonment for the murder of his flatmate, Dainius Burba. The Central Criminal Court heard that Labunskis pleaded not guilty to the charge of murder, alleging he acted in self-defence after Burba allegedly attacked him with a table leg. However, the jury returned a unanimous guilty verdict following just over two hours of deliberation. Forensic evidence indicated Burba suffered approximately 19 blows to the head and face, resulting in a fractured skull and severe brain injury, with the cause of death determined as blunt force trauma. Labunskis had initially told gardaí an intruder was responsible but later claimed self-defence in court. He was found attempting to hide evidence after walking across the city to a relative's home. Ms Justice Deirdre Murphy sentenced Labunskis to life imprisonment, noting the exemplary conduct of the investigating gardaí. The court accepted the jury's finding of guilt, rejecting the self-defence plea. The sentence was pronounced immediately, with Labunskis led away to begin his custody. The judge expressed hope that the verdict would provide closure to Burba's family, who presented a victim impact statement highlighting his role as a father and brother.

2017-02-13 · Ireland

DPP not seeking jail term for autistic boy who raped 13-year-old

The Central Criminal Court heard that a 17‑year‑old autistic boy, who had raped a 13‑year‑old and sexually assaulted another 13‑year‑old on two separate occasions, was not being sought for a jail term by the Director of Public Prosecutions. The judge considered a deferred sentence, a rare form where a jail term is imposed but postponed, and indicated that if treatment and support programmes were put in place he might suspend part or all of the sentence. The boy, who was 16 at the time of the offences, pleaded not guilty to three counts of anal rape and was convicted on one count of rape and two lesser counts of sexual assault. He had claimed the incidents were consensual and called them an "experiment gone wrong." The court noted the victims were still in counselling and that the abuse was discovered when the boy told other children he had "had sex" with the boys.

2017-01-27 · Limerick

Limerick man appeals conviction for murdering elderly retired soldier

Christopher McNamara, aged 24, was convicted of murder and sentenced to life imprisonment for the killing of James Boyce, a 71‑year‑old retired soldier, in Limerick in March 2011. McNamara had previously pleaded not guilty and had admitted the killing to his mother. He had been responsible for Boyce's domestic needs, including lighting his fire. The Central Criminal Court jury found him guilty of murder after an hour‑and‑a‑half of deliberations, and Mr Justice Garrett Sheehan imposed the mandatory life sentence on 24 January 2014. McNamara has now lodged an appeal against conviction. His barrister, Michael Bowman SC, argues that the jury should have considered a broader range of legal concepts such as recklessness, subjectivity and intent, and that the medical evidence showed unpredictable injuries. The Director of Public Prosecutions' counsel maintains that the jury was properly instructed on the mental element of murder and that any grey area should favour the accused.

2017-01-23 · Ireland

Man was teen when he sexually abused nephew

A 16‑year‑old man sexually abused his eight‑year‑old nephew in a deeply dysfunctional household. He also had an inappropriate sexual relationship with an adult in the house. The nephew testified that the abuse began when he was about eight, involving fondling, mouth contact, and forced sexual acts, escalating to anal rape. He reported physical assault, threats of death, and being told to have sex "like an adult." The abuse occurred at various times and places, and the victim was threatened with harm if he disclosed it. The nephew first complained in 2011; the accused denied the allegations when interviewed by Gardaí. He was convicted in November of eight counts of indecent assault, one count of anal rape and one count of sexual assault covering 1988‑1991. Sentencing was adjourned to 20 February.

2017-01-13 · Wicklow

Woman who murdered man by driving him in to harbour to seek bail before appeal

Marta Herda, 29, was convicted of murder after driving a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos. The Central Criminal Court found that Herda had driven the car through the crash barriers at South Quay, applied the handbrake before entering the water, and that the only open window was the driver's. Orsos's body was recovered from a nearby beach; a post‑mortem confirmed death by drowning, not by crash injuries. Herda pleaded not guilty, was found guilty by a jury, and received a mandatory life sentence on 28 July 2016. She has lodged an appeal and is seeking bail pending the appeal hearing, arguing a "discrete, clear ground" that could give her a strong chance of success. The bail application is scheduled for 5 April. The case remains at the appeal stage, with no further verdicts announced.

2017-01-11 · Dublin

Rapist dismisses legal team, advances own appeal in court

Michael Murray, 46, was sentenced to 15 years in prison for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats, false imprisonment and theft during a Dublin apartment incident in February 2010. He lured a woman by claiming an elderly woman needed help, tied her up, assaulted her, abducted her son, and later drugged and raped her. Murray denied the charges but was found guilty on all counts by a unanimous jury. He filed an appeal against his conviction, initially through his legal team led by Vincent Heneghan SC. After the court was informed that Murray had lost confidence in his team, he advanced the appeal himself. The Court of Appeal noted that Murray had been deemed unfit for police interview due to intoxication and that the state could not rely on the initial interview data.

2016-12-12 · Wexford

73-year-old jailed for life for raping 9-year-old who helped him recover from stroke

A 73‑year‑old Wexford man was sentenced to an indeterminate life term for raping his nine‑year‑old step‑granddaughter, who had helped him recover from a stroke. The victim was the fifth of the accused's victims. He already serves a 13‑year sentence for abusing his two daughters in the 1970s and 1980s and a separate term for abusing his two sons. In court the judge described how the man "groomed" the girl by showing her pornographic playing cards and giving her money before molesting and orally raping her between 2006 and 2008. He pleaded guilty to ten counts of sexual assault and oral rape. The judge noted the victim's fear of disbelief and her eventual placement in foster care, and he accepted the man's claim of being abused as a child. The life sentence will run alongside his existing 13‑year term. The case was heard in the Central Criminal Court.

2016-12-05 · Wexford

76-year-old man raped girl until she became pregnant at age 13

In December 2016, a 76‑year‑old Wexford man was sentenced to 11 years' imprisonment by the Central Criminal Court for raping a teenage girl for two years, resulting in her pregnancy at age 13. The court heard that the man also sexually molested the girl's three younger sisters, who had developmental problems. The abuse began in 2004 when the victim was 11, and the man's conduct was reported by her teacher in 2006 after noticing weight gain. The victim described being raped both at the family home and in a field, and she was threatened with violence if she disclosed the abuse. The man faced 18 counts of rape and sexual assault, pleaded guilty to a sample count of rape and to sample counts of assault on the sisters, and was given concurrent sentences totaling eleven years. The judge noted the victims' vulnerability and the shocking nature of the pregnancy at age 13.

2016-11-29 · Offaly

GP gave disabled daughter toxic level of sedative, manslaughter trial told

In a manslaughter trial, 58‑year‑old Bernadette Scully was charged with unlawfully killing her 11‑year‑old daughter, Emily Barut, by gross negligence. The prosecution alleged that Scully, who acted as Emily's GP, administered an excessive dose of chloral hydrate on 15 September 2012. Emily, who had microcephaly, epilepsy and other severe disabilities, had recently undergone a surgical procedure and was in pain. Scully's partner was sent to the pharmacy for sedatives, but Emily was not seen until later that day. Emily was found dead in hospital with a blood level of 200 micrograms per milliliter of chloral hydrate, far above the therapeutic range. The post‑mortem confirmed chloral hydrate intoxication as the cause of death, with contributory factors including her disabilities and a hypoxic episode. Scully pleaded not guilty and the case was heard by a jury in the Central Criminal Court.

2016-11-25 · Dublin

Jury begins deliberations on alleged rape at party

In a Central Criminal Court trial, a man accused of raping a woman at a party is under jury deliberation. The woman, who had mistakenly taken ketamine thinking it was cocaine, claims she was incapacitated and unable to speak or see. She alleges the accused struck her face with his penis before raping her while she lay in his bed. The accused, a bar manager, denies the assault and claims consensual sex. He has previously pleaded not guilty to rape and sexual assault. The jury, composed of eight men and four women, has heard all evidence and begun deliberations, which will resume after a recap of the woman's testimony. No verdict has been reached yet.

2016-11-16 · Carlow

"I frightened myself, I was like an animal": Wexford man guilty of murder

A 53‑year‑old Wexford man was sentenced to life imprisonment for the murder of a 41‑year‑old Latvian man, Gints Intembergs, who was found dead on the floor of a kitchen in Co Carlow on 16 September 2014. The Central Criminal Court heard that the victim had beaten the accused in an arm‑wrestling match and that the accused, Liam Power, had stamped on the victim's head and testicles, kicked him repeatedly, and attempted to set fire to his hair and privates with a lighter. Power claimed he was intoxicated, having drunk about 16 cans of cider and smoked crack cocaine before the killing. Forensic evidence showed blunt‑force trauma to the head and neck, with blood patterns matching the accused's shoes. Power pleaded not guilty to murder but was found guilty and given a mandatory life sentence, back‑dated to 18 September 2014.

2016-11-15 · Carlow

Jury finds Wexford murder accused not guilty of assault

Liam Power, a 53-year-old Wexford man, was found not guilty by a jury at the Central Criminal Court of assault causing harm to Aigar Sildars. The trial, presided over by Ms Justice Isobel Kennedy, heard allegations that Power assaulted Sildars and Gints Intembergs at a home in Graigowen, Tullow, Co Carlow, in September 2014. Power, who is of no fixed abode, pleaded not guilty to the murder of Intembergs and the assault on Sildars. His co-accused, Dzintars Sacklausks, initially pleaded not guilty to both murder and assault but had the murder charge dropped by the State two weeks into the trial. Sacklausks subsequently pleaded guilty to the assault charge and is awaiting sentencing. The jury, comprising five men and seven women, deliberated for two days before unanimously acquitting Power of the assault count. The court noted the absence of corroboration for the assault and the unreliability of admissions. The jury will resume deliberations on the murder charge on Wednesday morning. The matter regarding the murder charge remains ongoing and has not been finalised.

2016-11-11 · Wexford

Jury begins deliberations in Wexford man's murder trial

The jury has begun deliberations in the Central Criminal Court trial of 53‑year‑old Liam Power, who is charged with murdering a 41‑year‑old Latvian man, Gints Intembergs, found dead on the kitchen floor of his home on 16 September 2014. Power has pleaded not guilty to the murder charge but has pleaded guilty to manslaughter at Intembergs' home in Graigowen, Tullow, Co. Carlow. He also pleaded not guilty to an assault‑causing‑harm charge against another man, Aigar Sildars, on the same occasion. Power told Gardaí that he punched Intembergs and stamped on him many times, and that he tried to set fire to the victim; he claimed he did about half as much to Sildars.

2016-11-11 · Wexford

Judge charges jury in Wexford man's murder trial

The Central Criminal Court has reached the sentencing stage for Dzintars Sackalausks, a 33-year-old man from Graiguecullen, Co Carlow. Sackalausks, who initially pleaded not guilty to murdering Gints Intembergs and assaulting Aigar Sildars, had the murder charge dropped by the State. He subsequently entered a guilty plea to the charge of assault causing harm against Mr Sildars on the same occasion. The court report indicates that Sackalausks will be sentenced at a later date, meaning the matter regarding his disposal is not yet finalised. This sentencing follows the concurrent trial of Liam Power, a 53-year-old Wexford man, who pleaded not guilty to murder but guilty to manslaughter for the death of Mr Intembergs in Tullow, Co Carlow. Power also pleaded not guilty to assault causing harm against Mr Sildars. During the trial, the jury was charged by Ms Justice Isobel Kennedy to deliberate on Power's verdicts. While the source text details the closing arguments and the jury's retirement to consider Power's case, the specific validated procedural stage for Sackalausks is sentencing. No effective custody, suspended portions, or specific conditions have been recorded for Sackalausks in this report, as his sentence is pending. The report attributes the allegations of murder and assault to the defendants, noting that Sackalausks has admitted to the assault charge while the murder charge was withdrawn.

2016-11-03 · Carlow

Attempts made to burn body after 'violent and sustained assault', trial hears

In a Central Criminal Court trial in Carlow, two men, Liam Power (52) and Dzintars Sackalausks (33), are charged with murdering a 41‑year‑old Latvian man, Gints Intembergs, who was found dead on 16 September 2014. The prosecution alleges that Intembergs suffered a violent and sustained assault, dying from blunt force trauma to his head and neck, with a subdural haemorrhage causing death. State Pathologist Professor Marie Cassidy testified that the victim's injuries included patterned bruises suggesting impact with a shoe sole, a fractured rib, broken tooth, and severe facial trauma. She also reported evidence of attempts to burn his t‑shirt and other parts of his body, which appeared peri‑ or post‑mortem. Both accused pleaded not guilty to murder, with Power also pleading guilty to manslaughter, and both pleaded not guilty to assaulting a third man. The case is before Justice Isobel Kennedy and a jury.

2016-10-05 · Dublin

Rape accused had sleep-walking problem since youth, mother tells jury

In the trial of a 29‑year‑old man accused of raping a 22‑year‑old friend in a Dublin flat on 28 September 2008, the defendant pleaded not guilty. He claimed he had been sleep‑walking at the time of the alleged offence. The complainant, who was a platonic friend, described how she had slept in the flat after a night out, woke an hour and a half later to find the accused on top of her with his penis inside her. She initially did not report the incident, hoping he would receive help, but later changed her mind after feeling he was not taking it seriously. She testified that she had spoken to a garda about the complaint process and had received advice that victims might regret reporting. The defendant's mother testified that he had a long‑standing sleep‑walking problem and had been searching for "sleep sex" online in the days after the alleged offence.

2016-07-27 · Wicklow

Jury in woman's murder trial given majority verdict option

In the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, the jury was informed that a majority verdict could be accepted. Herda is charged with the murder of 31‑year‑old Csaba Orsos, who drowned after the car she was driving entered a harbour on 26 March 2013. She pleaded not guilty. The court heard that the couple had worked together in a hotel and that Orsos had been in love with Herda, who did not reciprocate. He had reportedly followed her for two years, calling and messaging her, and the pair were arguing in the car when it entered the water. The jury, consisting of eight men and four women, was given three possible verdicts: guilty of murder, acquittal, or not guilty of murder but guilty of manslaughter.

2016-07-26 · Wicklow

Jury to continue deliberating in woman's murder trial

In the trial of Marta Herda, a 29‑year‑old Polish waitress from Arklow, the jury resumed deliberations on Wednesday after a Monday morning session. Herda is charged with the murder of 31‑year‑old Csaba Orsos, a Hungarian national, who drowned when the car she was driving entered a harbour on 26 March 2013. Herda pleaded not guilty. The Central Criminal Court heard that the couple had worked together and that Orsos had been in love with Herda, who did not reciprocate. He had followed her for two years, calling and texting her, and they were arguing in the car when it entered the water. The judge explained the possible verdicts—guilty of murder, acquittal, or not guilty of murder but guilty of manslaughter—and that a unanimous decision was required. The jury had spent six hours and 14 minutes on the case before being sent home, and they will resume tomorrow.

2016-07-25 · Limerick

Limerick man fails in appeal against conviction for "mistaken identity" murder

Jonathan Fitzgerald, 26, of Limerick, was convicted of murdering Noel Crawford, a father of six, on December 18, 2006, in a case of mistaken identity. A jury found him guilty and he received a mandatory life sentence on February 9, 2011. Fitzgerald appealed the conviction, but the Court of Appeal dismissed the appeal. The court cited the testimony of Laura Kelly, a prosecution witness who described Fitzgerald and another youth arriving at her home, wearing bullet‑proof vests, and leaving with a shotgun. Kelly heard gunshots and later returned with the youths. She stated that Fitzgerald said, "I got him, I got Paul Crawford." The appeal was rejected because the court found the trial judge had adequately addressed the defence's challenges to Kelly's evidence and had not misled the jury. The appeal was dismissed by Justice George Birmingham, with Justices Garrett Sheehan and Alan Mahon in attendance. Jonathan Fitzgerald pleaded not guilty.

2016-07-18 · Dublin

Foreign national blackmailed 13-year-old girl in to having sex

A 29‑year‑old foreign national was sentenced to six years' imprisonment after he black‑mailed a 13‑year‑old girl from his community into having sex with him. He had obtained a photograph that the girl had sent to another man; the photo was not nude but was considered "compromising" because it could cause cultural problems if her family learned of it. The man pleaded guilty to three counts of defilement of a child between September and November 2012. Judge Patrick McCarthy noted the offences had a "squalidity" and had caused considerable difficulty for the girl, who had not received family support. He imposed a two‑year sentence for each count, making the sentences consecutive so the offender would be punished for all three offences. The case was reported to Gardaí in December 2012, leading to the man's arrest and interview.