In 2015 the High Court, by Mr Justice Bernard Barton, raised a compensation award for a woman who had contracted hepatitis C from a contaminated anti‑D blood product in 1977. The Tribunal had originally awarded €180,000, which the woman appealed as insufficient. The Court increased the award to €250,000, citing the woman's life‑destroying complications, including liver cirrhosis and encephalopathy, and the pain and suffering she endured. The Court noted that the woman had undergone interferon/ribavirin therapy in 2013 after medical advice, which cleared the virus but triggered decompensated cirrhosis and a brain injury. The judge affirmed that the treatment was a medical necessity and that the woman's mental anguish and loss of independence justified the higher compensation. The award was made under the Tribunal's jurisdiction for the woman's suffering.
The High Court has quashed a decision by the Minister for Justice to exclude a convicted rapist from the State for five years. The unnamed man, who is a foreign national, was convicted of rape at the Central Criminal Court in 2009 and sentenced to six years imprisonment. He was released from prison just over two years ago and has since lived in the West of Ireland with his young family. The Minister had approved removal and exclusion orders in October 2013, following a review that upheld the initial decision. However, Mr Justice Paul McDermott ruled that the decision was fundamentally flawed because officials involved in the original application also participated in the appeal review. This lack of independence breached the man's rights to fair procedures and created a reasonable apprehension of bias. Consequently, the court set aside the Minister's decision. The judge noted that while the Minister did not make legal errors in assessing the threat to the public or considering the rights of the man's Irish-born child, the procedural defect required the order to be quashed. The man had argued that the decision interfered with his right to private life under the European Convention on Human Rights and failed to adequately consider his social and family bonds in Ireland. The State had opposed the application, arguing its decisions were lawful, but the court prioritized the breach of fair procedure in its ruling.
The High Court has authorised a man to be tried for the fourth time on 14 counts of rape and sexual assault alleged to have occurred in the late 1960s and 1970s. The man, whose identity is withheld for legal reasons, denies all allegations. He was first tried in 2012 before the Central Criminal Court, where the jury could not reach a verdict. A second trial in 2013 ended when the judge discharged the jury. A third trial in 2014 was abandoned after a dispute over the prosecution's disclosure of documents. A fourth trial date was set, but the man sought judicial review to stop it, arguing that a fourth trial breached his rights under the European Convention on Human Rights and that a failure by the State to fully disclose had undermined his confidence in the process. The Director of Public Prosecutions opposed the review.
The High Court has dismissed a challenge by Cork Harbour Alliance for Responsible Development (CHARD) against An Bord Pleanála's decision to grant planning permission for a scrap metal processing facility at Cork Dockyard in Cobh. Mr Justice Seamus Noonan ruled that the planning authority's decision was neither unreasonable nor irrational. The applicants, local residents, had alleged that the development would generate excessive traffic endangering public safety and that An Bord Pleanála failed to conduct a proper Environmental Impact Assessment (EIA) in accordance with the Planning and Development Act 2000 and EU law. They sought orders quashing the March 2013 permission, which had been granted despite Cobh Town Council's initial refusal and An Bord Pleanála's own inspector recommending against it. An Bord Pleanála, the respondent, maintained that it had carried out the requisite EIA and determined the project would not pose unacceptable adverse effects or traffic congestion. The court found that the board had explicitly engaged with the traffic concerns and provided clear reasons for its decision. While the judge noted that one condition requiring the developer to provide car parking spaces was unenforceable, he determined this condition was severable from the permission. Consequently, the dismissal of the challenge does not prohibit the development from proceeding.
The High Court has requested further information from Italian authorities regarding Aisha Ahmed (49), AKA Gloria Anwulika Aro (47), a mother-of-six suspected of being a drug importer in Italy, who faces a 20-year prison sentence imposed in her absence. Ahmed was arrested in Dublin 24 last year under a European Arrest Warrant issued by Italian authorities, which alleges she was the 'promoter, leader and organiser' of an association that imported, sold, distributed and traded 'remarkable quantities' of cocaine in Italy between September 1999 and June 2000. Her separated husband, Yemi Moshood Olatunde (47), AKA Roy Yemmy Andrew Aro, was also arrested in October. Olatunde AKA Aro, a taxi driver until he went into custody last year, was sentenced to 20 years imprisonment in Italy because he allegedly associated with other persons in order to commit offences concerning the purchase, transfer, distribution, trade and unlawful possession of large quantities of cocaine. Extradition proceedings involving Olatunde are still ongoing. Ms Justice Aileen Donnelly sought further information from the Italian judicial authorities concerning Ahmed's awareness of certain judicial procedural matters at certain times. The formal questions could not be agreed between lawyers for Ahmed and for the Minister for Justice and will be formalised before the court tomorrow. Counsel for Ahmed, John Noonan Bl, submitted that his client had not been made aware of an alleged scheduled trial. The question was whether she had actual notice of a scheduled trial, Mr Noonan said, and 'it appeared she did not have notice'. Notice was served on her defence lawyer and that fell short of the requirements for extradition, Mr Noonan said. Ahmed had dealt with lawyers initially while she was in custody for 10 days, Mr Noonan said, but swore she did not give a mandate to lawyers. Once she was released from custody in Italy, she came to Ireland and had no further dealings with the lawyer, Mr Noonan said. Ms Ahmed was 'a fugitive' in the words of the Italians, counsel for the Justice Minister, Anne-Marie Lawlor said. Ahmed had been charged 'with the contents of wiretapping' and was fully aware there were proceedings in being against her. She then 'fled the country'. Ms Lawlor reminded the judge that Ahmed had previously pursued an argument that she was not Ahmed and had 'lied to the court'. She was now asking the court to believe, contrary to everything the Italians were saying, her instructions to lawyers ended in circumstances where she believed she was free to walk away from Italy, Ms Lawlor said. Questions regarding Ahmed's knowledge at certain times during the process will be formalised before the High Court tomorrow.
The High Court ruled that model and TV presenter Glenda Gilson must face a restriction order preventing her from acting as a company director for five years, while her brother Damien Gilson was disqualified from that role for the same period. The orders arose from the liquidation of Gilson Motor Company Ltd, where the siblings were directors. Liquidator Mr Gary Lennon applied under Sections 160 and 150 of the 1990 Companies Act, seeking Damien's disqualification and restrictions on Glenda. Glenda opposed the application, claiming no involvement in the business and no personal benefit, but the judge found she had not kept herself informed of the company's affairs, a requirement for directors. The court accepted that Damien had run the business, managed sales, and was responsible for fraudulent diversion of funds to evade taxes. The matter was adjourned to October for final formal orders. The decision was based solely on the information presented in the liquidation proceedings.
The High Court has ordered that the birth of 74-year-old Moscow resident Sergey Chesnokov be officially registered in Ireland, finding he was born in Dublin on September 28, 1940. Mr Chesnokov, represented by Conor Dignam SC, applied to have his birth registered to facilitate more time in Ireland with his son and grandchildren. The Registrar General had previously refused the application, citing insufficient independent evidence. In his judgment, Mr Justice John Hedigan assessed the claim within the context of World War II and the subsequent Nazi invasion of the Soviet Union. The judge noted that Mr Chesnokov's mother and aunt returned to the USSR shortly after his birth, and that his birth was registered with Soviet authorities but not Irish ones due to fears of being perceived as anti-Soviet. The judge acknowledged that the lack of oral history was unsurprising given the Stalinist era's paranoia, where silence was the safest option to avoid exile or imprisonment. Despite the absence of concrete contemporary evidence, the judge was satisfied by official documents—including passports and marriage certificates—that consistently listed Dublin as his birthplace, along with family declarations. The court concluded that Mr Chesnokov was entitled to have his birth registered in Ireland.
In a High Court ruling on 21 July 2015, Mr Justice Anthony Barr quashed the Minister for Justice's refusal to grant former TD Ivor Calle Calley enhanced remission from his five‑month prison sentence for fraudulently claiming €4,207.45 in Oireachtas expenses. The judge found the Minister had failed to consider all relevant factors, including Calle Calley's good behaviour, participation in structured prison activities, low re‑offending risk, and the fact he was a first‑time offender. The decision to deny temporary release was also upheld as reasonable, and the Minister's delegation of decision‑making to prison officials was deemed appropriate. The case was remitted to the Minister for reconsideration, and Calle Calley was to return to prison for six days if the challenge had been dismissed. The State parties opposed the challenge. The judgment was adjourned for further consideration.
The High Court refused to surrender Yemi Moshood Olatunde, a 48‑year‑old taxi driver from Tallaght, who is wanted in Italy on a European Arrest Warrant for alleged offences involving large quantities of cocaine. Olatunde was arrested in October last year by gardai after the warrant was issued. In Italy he had been sentenced to 20 years' imprisonment for allegedly associating with others to purchase, transfer, distribute, trade and unlawfully possess large amounts of cocaine. Olatunde denied being the person named in the warrant. Justice Aileen Donnelly adjourned the case in June to obtain further information from Italian authorities about trial in absentia, which had not been provided. She ruled that the warrant was incomplete and that surrender was prohibited, noting that Olatunde had not been informed of the trial date or had a lawyer present. The court therefore declined to surrender him to Italy.
The High Court quashed the dismissal of Detective Brian Culbert, a Limerick-based Garda, after he admitted breaching Garda rules on handling informants. Justice Iseult O'Malley ordered that the case be reheard by a new Garda board of inquiry, as the original board had failed to conduct a proper hearing and had not provided reasons for its recommendation. Culbert had been involved in a serious crime investigation and had acted as an informant handler. He ignored orders to stop, was charged with disciplinary breaches, and the board recommended dismissal in September 2013. The Commissioner ordered dismissal in October 2013, but the decision was appealed on grounds of unfairness and lack of reasons. The High Court ruled the dismissal void and remitted the matter to a newly constituted inquiry board, rejecting a blanket prohibition of the disciplinary process. The judge noted Culbert's admission of guilt and the need for a fresh, independent review.
The High Court confirmed the appointment of joint liquidators, Eamon Richardson and Kieran Wallace of KPMG, for OCS Operations Ltd, the company that ran Clerys Department Store and Warehouse. Mr Justice Brian Cregan approved the appointment on Monday, with no objection. The liquidators were instructed to conduct a comprehensive investigation into payments and transactions involving OCS Operations and related companies, recent bank account payments, and the use of insurance proceeds from the 2012 flooding. They will also examine the conduct of the former directors, Rafael Klotz and Malcolm MacLennan MaCaulay, during the twelve months before the liquidation. A committee of inspection, comprising creditors and concession holders, will be formed to investigate any matters raised by them, and a creditor's meeting is scheduled for August. The liquidators will also handle employee redundancy payments, pension scheme inquiries, and the distribution of assets, including fixed assets, cash, and intellectual property.
In a High Court hearing on 30 June 2015, Mr Said Laaser's challenge to the will of his late civil partner, Mr Brian Earls, was dismissed. Mr Earls had executed the will hours before his death on 5 July 2013, witnessed by three family members. Laaser, representing himself, alleged the will was signed in his absence and that Mr Earls, severely ill, could only mark the document with an 'x'. The executors, Mr Maurice Earls and Mr William Early, defended the will as properly executed and reflective of Mr Earls' wishes. The will allocated 50 % of Mr Earls' assets, including his Dublin home and bank accounts, to Laaser, with the remainder divided among Mr Earls' siblings, and a €30,000 cash gift to a friend in Armenia.
In a 2015 High Court decision, Mr Justice Paul Gilligan dismissed a bid by property developers John and Ann Hickey to overturn an arbitrator's award of €101,000 to Ms Mary Delargy. The award arose from defects in a property at Garrai Glass, Ballydavid South, Athenry, which Ms Delargy purchased for €550,000 in 2008. After taking possession in 2009, she discovered insulation, ventilation and dampness problems and brought a claim for damages. The dispute was referred to arbitration in 2011, where the Hickeys' defence was struck out for failing to comply with a discovery order. In October 2014 the arbitrator awarded €101,000 to Ms Delargy. The Hickeys argued the contract's defect clause was deleted and the arbitrator lacked jurisdiction over major defects, but the court found no reason to set aside the award, noting the Hickeys had effectively walked away from the arbitration process and forfeited their right to challenge the final decision.
In a High Court judgment, Mr Justice Donald Binchy held that consultant engineers and Limerick County Council were jointly responsible for the wrongful demolition of the O'Shaughnessys' single‑storey farmhouse, 'The Hollows', in Annaholty, Birdhill, Co. Tipperary, on 6 September 2006. The court found the consultant engineering joint venture, RPS Scetauroute, was 70 % liable and the local authority 30 % liable, while the third party that carried out the demolition was not negligent. The demolition stemmed from a series of acts and omissions: an RPS engineer incorrectly designated the plot as derelict, Limerick County Council staff mistakenly identified the O'Shaughnessys' home as plot 156a, and both parties failed to supervise or verify the site. The O'Shaughnessys had purchased the house for IR£34,500 in 1998, lived there, and had planned renovations before the house was unexpectedly removed. The case was settled on undisclosed terms in January of the following year.
In a significant judgment delivered on Friday, Mr Justice Paul McDermott ruled that John Gerard McDonagh, convicted in 2001 of the murder and rape of Siobhán Hynes, is not entitled to High Court orders seeking access to forensic evidence. The court dismissed McDonagh's judicial review proceedings against the Garda Commissioner and the Attorney General, holding that the High Court lacks jurisdiction to grant such orders. However, the judge clarified that the Court of Appeal possesses ample jurisdiction under Section 2 of the 1993 Criminal Procedure Act to determine applications for access to forensic material, such as clothing, fibres, and nail clippings, for new DNA testing. McDonagh, who pleaded not guilty and maintains his innocence, was sentenced to life imprisonment for murder and ten years for rape. The judge stated that while there is no absolute obligation on the Garda Commissioner to facilitate re-investigation, the Commissioner must provide adequate reasons for any refusal. The judgment affirmed that if new evidence establishes innocence, the conviction should be quashed, but such applications must be directed to the Court of Appeal rather than the High Court.
The High Court refused to surrender Aidan O'Dwyer, a 40‑year‑old from Clonmel, to Bulgarian authorities for alleged attempted murder of a taxi driver. Bulgarian prosecutors claimed O'Dwyer stabbed the driver in the chest with a knife, motivated by hooliganism, and that the driver survived only thanks to emergency services. O'Dwyer, who was arrested under a European Arrest Warrant on 24 June 2014, argued he acted in self‑defence and that the injuries were not severe. The court considered his serious medical condition, including a liver transplant in 2005 and current powerful medication, and his medical evidence sworn before the European Committee for the Prevention of Torture. The judge cited substantial risk of inhumane and degrading treatment in Bulgarian prisons, citing CPT findings of fundamental shortcomings. Consequently, the court ordered O'Dwyer's release, returned any bail, and discharged him from the proceedings.
In a High Court hearing on 12 June 2015, Mr Justice Paul Gilligan appointed Eamon Richardson and Kieran Wallace of KPMG as joint provisional liquidators for OCS Operations Ltd, the company that runs Clerys Department Store and Warehouse. The company, which had petitioned for the appointment, was told to cease trading immediately to stop further debt accumulation. OCS Operations, described by the judge as "balance sheet insolvent" and in "severe financial difficulty", employs 130 staff directly and has about 330 concession‑holder employees who sell goods in the store. The liquidators were granted powers to take possession of assets, manage staff, pay creditors and continue the business pending a winding‑up hearing. The appointment followed the sale of the OCS group to Natrium Ltd, after which OCS Operations was transferred to insolvency practitioners Jim Brydie and Brendan Cooney for €1. The case was adjourned to early July for further proceedings.
The High Court refused to order the extradition of Ali Charaf Damache, an Algerian‑born Irish citizen, to the United States on two alleged terrorism‑related offences. Judge Aileen Donnelly said the Director of Public Prosecutions had abdicated responsibility to consider the proper forum for prosecution and that the State could only appeal her refusal. Damache's objections centred on the conditions of detention he would face in the U.S., including prolonged solitary confinement, lack of outdoor recreation and the possibility of being held in a maximum‑security prison. The judge found that such conditions would breach constitutional rights to bodily integrity and human dignity, and that no meaningful judicial review would be available in the U.S. to challenge them. She also declined to commit Damache to prison while awaiting the Minister's decision on extradition. The case remains pending, with the State able to appeal the refusal.
The High Court granted a freezing order preventing Mr Fakir Hossain from reducing his assets below €693,000 while the liquidator of Eden College, Mr Anthony J Fitzpatrick, seeks further orders. The liquidator, represented by Ronnie Hudson Bl, argues that fees paid by overseas students for courses never delivered may be dissipated. Mr Hossain, a Bangladeshi national with no income or commercial interests in Ireland, has interests elsewhere. The court heard that Mr Fitzpatrick's investigation alleges Mr Hossain, as an officer of Eden Further Education Ltd, conducted the business recklessly and with intent to defraud creditors. Mr Hossain was not present; he was served by e‑mail. The order was issued by Mr Justice David Keane. The case follows earlier temporary freezing orders against Mr Hossain and his wife, preventing them from reducing assets below €403,000. Eden College closed in April 2014 due to cash‑flow problems after suspension from the register of approved colleges.
The High Court will decide on Monday whether to grant University College Cork's request for an injunction that would stop SIPTU and IFUT employees from picketing six of the twelve entrances to UCC's main campus next week. The college argues that the planned picketing, linked to a long‑running pay dispute at the Tyndall National Institute, would be an escalation that could disrupt staff and, more importantly, students taking exams. SIPTU contends it has the right to picket the entrances and that the action would not affect examinations, describing UCC's concerns as alarmist. The judge, Mr Justice Paul Gilligan, heard submissions from both sides, noted the urgency, and reserved his decision, to be delivered on Monday. IFUT's general secretary attended the hearing but the union did not participate in the application. The case centres on whether the picketing is a legitimate trade dispute action or an attempt to coerce non‑involved staff.
In May 2015 the High Court was asked to set aside the appointment of a voluntary liquidator to The Carlyle Institute Ltd., a private third‑level college that had closed in early April. Mr Justice Paul Gilligan had appointed Declan de Lacy of PKF O'Connor Leddy & Holmes as provisional liquidator on an ex‑parte basis after learning that many former students were concerned about the college's conduct. One student, Ching‑Hsiu Huang of Killiney, claimed she was owed €1,500 in fees and petitioned the court. On 24 April, the day after de Lacy's appointment, the company held a creditors' meeting and purportedly appointed Desmond Murrows and Neil Hughes as liquidators. Huang's solicitor, Peter Louis Boyle, argued that the meeting was held while the provisional liquidator was already in place and that votes from student creditors, including Huang's, were disallowed.
In a High Court hearing on 6 May 2015, the court dismissed Alan Toal's attempt to stop an internal disciplinary tribunal from imposing sanctions on him. Toal had previously been found by the tribunal to have breached the barristers' code of conduct, including taking money from a former client in 2010, failing to engage with internal inquiries and berating the client. He sought an injunction to prevent the tribunal from deciding on a sanction hearing held in July. Toal's lawyers argued that because all superior court judges are benchers of the Honourable Society of Kings Inns, they were parties to any action against the tribunal and should be recused. Judge David Keane refused to adjourn or recuse himself, declined to refer the matter to the European Court, and allowed the disciplinary proceedings to continue. The judge also awarded the respondents' legal costs. The case remains at the disciplinary stage, with Toal's appeal dismissed and the tribunal's proceedings proceeding.
The High Court struck out a €50,000 defamation claim brought by 23‑year‑old Karl Morrison against Maxela Ltd, the operator of a Tallaght shop. Morrison alleged that the shop had displayed a poster on its front door with his picture and the words "Attention Shoplifters." He claimed the poster caused him to lose his address and employment. Maxela denied ever putting up such a poster, stating the shop had no shop‑lifting issues and that any posters were related to a sub‑tenant. The court found Morrison had failed to prove his claim, citing lack of credible evidence and confusion in his testimony. The judge dismissed the case, noting no order would be made regarding costs, and criticised the defence for insufficient preparation. No further orders were issued.
The High Court has been asked to overturn a €50,000 defamation award against Maxela Ltd, the operator of the retail unit Rasputin in Tallaght Village. Judge Raymond Groarke awarded Karl Morrison €50,000 after finding that the shop had defamed him by placing a picture of the 23‑year‑old on its door with the words "Attention Shoplifters." Morrison claimed he saw the poster in June 2011, informed his uncles, and asked staff to remove it. The staff refused and gave him a manager's number, which he called to no avail. Morrison said the poster caused him distress, forced him to leave his address, and harmed his job prospects. Maxela Ltd denies defamation and has appealed the Circuit Court's decision to the High Court, where the case is now before President Nicholas Kearns. The case continues.
The High Court was asked to impose restriction orders on model and TV presenter Glenda Gilson and her brother Damien Gilson, both directors of Gilson Motor Company Ltd. The company, which traded high‑value vehicles and ran a parking and valeting service, was wound up in 2011 after failing to pay €141,937 in taxes. Liquidator Mr Gary Lennon, appointed by the court, sought a five‑year disqualification for Damien under Section 160 of the Companies Act and, alternatively, a five‑year restriction on Glenda under Section 150, limiting her ability to become a director unless capital requirements were met. Glenda opposed the application; Damien, unemployed and unrepresented, did not oppose. The liquidator argued that neither sibling acted honestly or responsibly, that the company kept no proper books, and that funds were diverted to defraud Revenue.
The High Court has set a three‑day extradition hearing in July for Gary Davis, a 26‑year‑old Wicklow man, who is wanted in the United States for alleged links to the Silk Road drug‑distribution website. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. He is contesting the extradition, arguing he should not be surrendered. The US claims Silk Road, shut down by the FBI in 2013, was an underground marketplace for drugs, firearms and counterfeit money, and that Davis acted as an administrator under the name 'Libertas'. He was first arrested on a warrant issued by the High Court in 2014. The court will hear the case on July 14, 15 and 16, with the possibility of an additional day if needed. Davis remains on bail pending the hearing.
On 23 April 2015, Mr Justice Paul Gilligan of the High Court appointed Declan de Lacy of PKF O'Connor Leddy & Holmes as provisional liquidator for The Carlyle Institute Ltd, a private third‑level college in Dublin that had ceased trading earlier that month. The appointment was made ex parte after the court was informed that many former students were concerned about the company's conduct. A creditors' meeting was scheduled for the following day, but students, led by Ching‑Hsiu Huang of Killiney, opposed a liquidator nominated by the college. Huang, one of 200 students who had paid fees, claimed €1,500 was owed to her; other students and the Irish Council of International Students (ICOS) claimed a total of €237,000. The students argued that the college had accepted payments just before closure, may have transferred €60,000 to another institution, and that student records were inconsistent with accredited bodies, potentially affecting award entitlements.
The High Court has made an order preventing a solicitor from practising for ten years following admissions of professional misconduct. Mr Patrick E Callanan, who has been a solicitor since 1995 and formerly practised at Wells & O'Carroll Solicitors on Main Street in Carrickmacross, County Monaghan, admitted providing false earnings certificates and false employment documentation to several financial institutions to assist his sister in obtaining a mortgage in 2004. He also admitted giving multiple undertakings to lending institutions regarding property charges in Carrickmacross. A Solicitor's Disciplinary Tribunal had found his conduct amounted to misconduct and recommended restrictions on his practice. However, the Law Society applied to the High Court for his removal from the Roll of Solicitors, citing public protection and professional reputation. High Court President Mr Justice Nicholas Kearns imposed a ten-year ban on practice, with any future return to the profession requiring fresh court application.
The High Court will deliver a judgement on Thursday regarding an application by retired solicitor Brian O'Donnell and his wife Dr Mary Patricia to have their bankruptcy annulled. The O'Donnells were declared bankrupt by the High Court in August 2013, a decision upheld by the Supreme Court in February 2014. The Bank of Ireland sought the bankruptcy after the couple failed to satisfy a €71.5 million judgement obtained against them for loans advanced for property investment. In their latest challenge, the O'Donnells argue that the bankruptcy should be set aside on several grounds, including that the bank involved was Bank of Ireland Private Banking, which they claim is not a licensed bank. The Bank opposed the application, arguing the bankruptcy should remain in force. Ms Justice Caroline Costello said she would give her decision on Thursday and would also hear issues raised by the O'Donnell's four children on May 19th.
The High Court granted bail to Trevor Noone, a Dublin man charged with murdering 17‑year‑old Daniel McAnaspie in 2010. Noone, who lives on Whitestown Avenue, Blanchardstown, faces a murder charge. His lawyer, Michael O'Higgins SC, presented six bail terms to the Central Criminal Court. These include a €5,000 bond, weekly Garda sign‑ins, residence at Briarwood Avenue, Mulhuddart, surrendering any passport, no contact with witnesses, and providing a contact number. Mr Justice Paul Carney approved the bail on these conditions, with a trial date to be set later.
The High Court has reserved its decision in a challenge brought by an unnamed convicted rapist against the constitutionality of the 2001 Sex Offenders Act. The man, who was 13 when he raped his nephew and later convicted after turning 18, was placed on a special course for young sex offenders but failed to complete it. He was charged in 2012 under Section 12 of the Act for allegedly failing to notify the Gardaí of a change of address within seven days. He argues that Section 12 is vague, that the concept of a reasonable excuse is undefined, and that other provisions of the Act are disproportionate and breach his constitutional rights. The State, the DPP and the Irish Human Rights Commission oppose the application. After the third day of hearing, Mr Justice Donald Binchy reserved his decision.
The High Court ordered the surrender of Patrick Lee, 41, of Newtown, Co. Kildare, who is wanted by U.S. authorities on 51 charges including 29 counts of wire fraud, six counts of unlawful monetary transaction and 16 counts of aggravated identity theft. Lee is alleged to have participated in a scheme that defrauded U.S. banks and mortgage lenders by purchasing properties in Boston between 2006 and 2007, using forged appraisals and "straw buyers" to obtain mortgages that were never repaid. He claims the allegations are false and denies wrongdoing. The judge remanded Lee on continuing bail until a detailed judgment is delivered. Counsel for Lee argued that many of the alleged offences occurred outside the U.S. and should not be subject to extradition under Irish law, and that he would face cruel treatment if surrendered. The case remains pending in the High Court.
The High Court ruled that Irish‑held investment bonds worth US$6.5 million (€6.13 million) linked to the family of the late Nigerian dictator General Sani Abacha are proceeds of crime. Mr Justice Raymond Fullam made the finding in respect of bonds held at HSBC Life Europe for the benefit of Abacha's eldest surviving son, Mohammed Sani Abacha. The Criminal Assets Bureau (CAB) argued the bonds were bought with money illegally taken from Nigeria, laundered through Swiss, London and New York institutions, and that they breach Irish tax‑evasion laws. CAB said the funds were obtained in two ways: directly from the Nigerian Central Bank and through foreign corporations that were forced to pay a percentage of contract values to the regime. The judge accepted CAB's evidence, ordered the bonds under the 1996 Proceeds of Crime Act, and appointed a receiver. He noted that Mohammed Sani Abacha had been served with notice of the proceedings.
In March 2015 the High Court ordered the winding up of Oman Resources Ltd, an Irish‑registered mining and exploration company incorporated in 2008. The court found the company insolvent and unable to meet its debts as they fell due. Mr Justice Paul Gilligan appointed Kieran Wallace of KPMG as liquidator and directed the directors to file a statement of affairs within 21 days. The winding up was prompted by a petition from The Niche Group Plc, which had loaned the company £18.6 million in four facilities between May 2010 and April 2011. The Niche Group had issued a letter of demand for repayment, which Oman Resources failed to honour. The company had initially opposed the application but later consented to the appointment of a liquidator. The Irish Revenue Commissioners were also parties to the proceedings. The case was listed before the Examiner's Court in April 2015.
A man, whose identity is protected by court order, has brought a High Court action challenging the constitutionality of the 2001 Sex Offenders Act provisions that require sex offenders to notify the Gardaí of any change of address. The defendant, who was 13 when he raped his nephew and later served a 30‑month prison term, was classified as a sex offender and placed on a special course for young offenders. He failed to complete the course and was later convicted of rape after turning 18. In 2012 he was charged under Section 12 of the Act for allegedly failing to report a change of address. He argues that the offence is a strict liability, that "reasonable excuse" is undefined, and that the notification period is unfairly applied to those who were under 18 at the time of the offence but over 18 at sentencing.
In a High Court ruling on 19 February 2015, Mr Justice Paul Gilligan committed five water‑meter protesters to prison for contempt of court after they breached a 20‑metre exclusion zone around GMC Sierra installation sites. The court found the protesters' actions amounted to harassment and intimidation of GMC Sierra workers, who had been threatened during meter installation. Damien O'Neill (46) of Coolock and Paul Moore (age not stated) were sentenced to 56 days' imprisonment, the second finding of contempt against them. Mother‑of‑three Bernie Hughes (age not stated) of Finglas, father‑of‑two Derek Byrne (36) of Donaghmede, and father‑of‑three Michael Batty (64) of Raheny were sentenced to 28 days' imprisonment, though Batty's committal was stayed until Tuesday due to his health‑related absence from Ireland. The judge awarded GMC Sierra costs for the five respondents. No other protesters were found in contempt, and the court denied relief to two others.
The High Court found five water‑meter protesters in contempt of court for entering a 20‑metre exclusion zone around water‑installation works, as ordered on 5 November 2014. The five named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Michael Batty and Derek Byrne. Mr Justice Paul Gilligan said a decision on whether to fine or imprison them would be made at 2 p.m. that afternoon. The court was told that the protesters had been previously ordered not to approach the contractors' vehicles or the entrance and exit of the company's premises. Two other protesters, Mark Egan and Richie Larkin, were not found to have breached the order, and the application for relief against them was refused. All the named protesters were present in court, except Michael Batty, who was excused due to chronic asthma. The company had secured the orders after its workers reported harassment and threats while installing meters in certain areas.
The High Court reserved judgement on a contempt of court case involving seven water‑charge protesters who may face jail or a fine for allegedly breaching a 20‑metre exclusion zone around water‑meter installation sites in Dublin. The court heard affidavits and viewed video footage supplied by GMC Sierra Ltd, the meter‑installation company, which claimed the protesters had entered the exclusion zone and interfered with workers. The seven named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Mark Egan, Richard Larkin, Michael Batty and Derek Byrne. GMC's lawyers presented surveillance footage from operatives and from a Facebook page, showing the protesters allegedly removing safety barriers and confronting workers. The court also heard an affidavit from Eoin Corrigan of First Pulse Ltd, who described threatening behaviour but admitted no video evidence existed. The case was scheduled for a decision by Judge Paul Gilligan on Thursday morning.
In December 2014 the High Court was set to decide in January on legal‑aid applications filed by anti‑water‑charge protesters John Darcy and Anthony Eccles. The men, who are also joined by other protesters, are accused of breaching court orders that prohibit interference with the installation of water meters by GMC Sierra in Dublin. They deny the allegations and argue that the state's refusal to provide legal aid to persons facing potential loss of liberty in non‑criminal proceedings contravenes the Irish Constitution and the European Convention on Human Rights. The court had adjourned the proceedings before Mr Justice Paul Gilligan, and after hearing submissions from both sides, Mr Justice Paul McDermott reserved his decision, to be delivered in January. The state, represented by Oisin Quinn SC, urged dismissal, while the protesters' counsel contended that the state's arguments were superficial and that the contempt proceedings were criminal in nature.
The High Court in Dublin has begun hearing the extradition case of Ali Charaf Damache, an Algerian-born Irish citizen wanted by the US on international terrorism charges. This is the second hearing following a Supreme Court appeal where Damache successfully challenged the DPP's decision not to prosecute him in Ireland. The Supreme Court directed that the case proceed before a different judge, Ms Justice Aileen Donnelly, who commenced the proceedings. The US alleges Damache conspired to provide material support to terrorists and attempted identity theft to facilitate international terrorism. Prosecutors stated he contacted Colleen LaRose, known online as "Jihad Jane," claiming to be a "devoted jihadist." It is alleged he arranged for LaRose to travel to the Netherlands and Ireland to avoid US scrutiny and planned to form a terrorist cell, including seeking military training in Pakistan. LaRose was separately sentenced to 10 years in prison last January after being convicted of planning to murder Swedish cartoonist Lars Vilks. Damache's defense argued that US sentencing guidelines are fundamentally flawed compared to Irish standards. If convicted in the US, Damache faces up to 45 years in jail. He has been in custody since 2012 pending the extradition outcome. The court remanded Damache in continuing custody, and the matter was adjourned to continue tomorrow.
The High Court in Dublin has ordered the extradition of two convicted murderers to the United Kingdom, though a stay has been placed on their surrender pending appeal. Mr Justice John Edwards directed that Anthony Craig, aged 66, and Michael Anthony Balmer, aged 62, be surrendered to UK authorities. Craig was convicted of murder in Blackburn in 1973, while Balmer received a life sentence in 1984 for a fatal attack in Devon. Craig, who escaped from British custody after serving 28 years and subsequently lived in Cork and Leitrim, was arrested in Dublin in February 2013. Balmer, released on licence in 2012, was arrested in Cork after his licence was revoked. The judge granted Craig bail under strict conditions during the stay. Mr Justice Edwards determined that constitutional questions raised by the defence warranted referral to the Supreme Court as matters of exceptional public importance.
In November 2014 the High Court granted GMC Sierra Ltd an order creating a 20‑metre exclusion zone around its water‑meter installation sites in Dublin. The company had earlier obtained injunctions in October to protect its workers from harassment, intimidation and interference. GMC claimed that protesters had escalated their activities, including blocking vehicles, damaging equipment and threatening workers, and that the protests were "seriously impairing" the installation work. Video evidence showed what the judge described as a significant deviation from lawful protesting, and other evidence suggested workers were followed home and subjected to assault. The judge, while recognising the constitutional right to protest, ruled that the exclusion zone would not apply to residents or people carrying out normal business. The order also prevented protesters from blocking GMC's vehicles from accessing or leaving the sites. The case was not about the policy of water charging but about protecting the rights of GMC's workers.
The High Court refused to stay the extradition proceedings of Eric Eoin Marques, a 28‑year‑old Irishman accused in the United States of conspiring to distribute and advertise child pornography and of advertising and distributing child pornography. Marques is alleged to be the owner and administrator of the anonymous hosting site Freedom Hosting, which hosts over 100 sites containing extremely violent images of pre‑pubescent children. He has been in custody since his arrest in August and was denied bail because he was considered a flight risk and a potential threat to evidence. The court rejected his application to challenge the Director of Public Prosecutions' decision not to prosecute him and to seek a stay of the extradition until a judicial review could be heard. Marques remains remanded until 24 November, while the extradition case is adjourned for a few weeks to allow his legal team to pursue a Supreme Court application.
The High Court will decide on 4 November whether to extradite Patrick Lee, 41, of Newtown, Co. Kildare, to the United States to face 51 charges including 29 counts of wire fraud, six counts of unlawful monetary transaction and 16 counts of aggravated identity theft. Lee denies all allegations and claims the accusations are false. The alleged scheme involved purchasing properties in Boston between 2006 and 2007, using "straw buyers" to obtain mortgages that were never repaid. Lee is accused of forging appraisals and receiving about €1 million for his role. He is currently remanded on continuing bail. The court heard that Lee had bought pre‑paid flight tickets to Ireland in 2006 and that he fears cruel treatment if surrendered. He also cited health concerns and the potential impact on his family if extradited. The judge will issue a decision on 4 November.
The High Court in Dublin ordered the forfeiture of €1,000 of the €3,000 bail paid by Edward Brunell for his son, Kenneth Brunell, a 27‑year‑old from Palmerstown. Kenneth was wanted by Dutch authorities for the 2009 murder of Keith Ennis, whose dismembered body was found in an Amsterdam canal. He had been arrested on extradition warrants issued in 2011 and was due to appear in court last week on a mutual assistance matter. Despite a mobile‑phone contact requirement, Kenneth failed to comply with bail conditions, having been found at an address in Finglas and having his phone powered off. The court, after hearing from Sergeant Seán Fallon, sanctioned the father for non‑compliance and remanded Kenneth in further custody. The case also involved other suspects, Barry McArdle and Philip County, who were sought by Dutch authorities.
In a High Court hearing on 2 July 2014, Mr Justice John Edwards ordered the extradition of 35‑year‑old Stephen James O'Reilly from Dublin to the United Kingdom. O'Reilly had been convicted in 2008 of dangerous driving causing death and received a nine‑year sentence, of which 229 weeks and six days remained. He was released on licence, but the licence was revoked after he breached conditions and fled. The court considered O'Reilly's mental health, noting an adjustment disorder, a background risk for suicide, generalised anxiety, borderline intellectual disability, ADHD symptoms and a history of polysubstance abuse. Despite concerns that extradition might worsen his risk of self‑harm, the judge ruled that the public interest in his rendition outweighed those concerns and ordered his surrender. The surrender was postponed until 30 September 2016, when he will have completed an unrelated sentence in Ireland. The court also directed that his medical records be transferred to the UK authorities.
The High Court has wound up Paris Bakery and Pastry Ltd, the Moore Street establishment that closed in May following a worker sit-in over unpaid wages. Mr Justice Brian Cregan appointed Carl Dillon of Moore Stephens Nathans as official liquidator. The Revenue Commissioners sought the winding-up order after the company failed to satisfy a demand for €117,000 in unpaid taxes, including VAT, PRSI and PAYE. Although over €52,000 had been paid, the outstanding amount remained unsettled. The court heard the company's approximately 25 employees, mostly foreign nationals, are owed some €158,000 in unpaid wages. Following the workers' 20-day sit-in, the Migrants Rights Centre Ireland confirmed their support for Revenue's application. The company's two directors, including one resident in County Cavan, must file statements of affairs within 21 days. The matter was made returnable before the Examiner's Court in October. Workers will now be eligible for the Insolvency Payments Schemes and LRC awards.
James Anthony Tighe, 64, of Pettiswood, Mullingar, Co. Westmeath, is alleged to have been involved in a £100 million money‑laundering conspiracy. British authorities seek his extradition to face charges of conspiracy to cheat the public revenue, one charge of cheating the public revenue, and one charge of conspiracy to commit money laundering covering 1 January 1997 to 31 December 2005. He was arrested in July 2012 under a European Arrest Warrant issued in September 2011. The High Court has heard that construction companies under Tighe's control were allegedly used to systematically defraud Her Majesty's Revenue. Judge John Edwards ruled that Tighe would be surrendered to the UK for all offences covered by the warrant, but he would remain on bail pending the outcome of an appeal. If the appeal fails, Tighe will return to the High Court; if the Supreme Court upholds the appeal, the matter will end.
James Anthony Tighe, aged 64, is sought by British authorities for extradition to face charges of conspiracy to cheat the public revenue, one charge of cheating the public revenue, and conspiracy to commit money laundering between 1 January 1997 and 31 December 2005. The alleged offences involve a £100 million money‑laundering conspiracy linked to construction companies under Tighe's control, which were used to defraud the UK public revenue. The High Court will order his extradition on 28 May, after a previous ruling was overturned by the Supreme Court in December 2010 due to inadequacies in the European Arrest Warrant. Tighe was arrested in July 2012 under a warrant issued in September 2011. He remains remanded on continuing bail until the extradition order is made. The case highlights the UK's pursuit of alleged large‑scale fraud against public revenue.
In March 2014 the High Court was set to decide an action brought by solicitors from Tipperary Town against the Courts Service. The lawyers argued that the Courts Service has a statutory duty under the Court Services Act 1998 to maintain and make available the historic courthouse on St Michael Street, a listed building that closed in 2010 after falling into disrepair. The building's ceiling had collapsed and, since its closure, district court sittings have been held at the Excel Heritage Centre and circuit court sittings in Clonmel, some 25 miles away. The solicitors claimed the closure caused hardship and that the Courts Service had failed to repair the courthouse despite earlier agreements to do so. The Courts Service denied any breach of duty, stating it had sought funding but was constrained by budget cuts. Judgment was reserved and was to be delivered the following month. The courthouse, which once housed a prison, has a long history of notable trials.