Court archive
Waterford Circuit Criminal Court
2025-05-12 · Waterford
In Waterford Circuit Criminal Court, Susan McGovern, 44, pleaded guilty to robbery under the Criminal Justice Theft and Fraud Offences Act, 2001. She was sentenced by Judge Eugene O'Kelly to a four‑and‑a‑half‑year term, fully suspended, on 10 October 2024. The State, represented by Conor O'Doherty BL, argued that the suspended sentence was too lenient, citing the seriousness of the robbery, the use of a nine‑inch knife, the victim's injuries, and McGovern's 19 prior convictions, including a knife possession offence. The State also highlighted McGovern's false claims of self‑defence and sexual assault, which were later admitted as unfounded. McGovern's counsel, Gareth Hayden BL, maintained that the sentence was not unduly lenient. The Court of Appeal will reserve its judgment until later in the week.
2024-05-09 · Waterford
Gavin Ryan, convicted of shooting Clifford Power twice in the chest in Gracedieu, Waterford, in December 2019, has appealed his conviction at the Court of Appeal. Ryan, who pleaded not guilty to possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition, and possession of amphetamines with intent to sell or supply, was found guilty on all four counts by a jury. On November 25, 2021, Judge Eugene O'Kelly sentenced him to 13.5 years in prison, with the final two years suspended. Ryan's legal team argues that a garda entered his residence without a warrant, breaching his constitutional rights, and that evidence obtained from this entry was inadmissible. They contend the garda had no bona fide belief that anyone was at risk. The State's counsel countered that the entry was lawful and proportionate, as gardaí were conducting door-to-door inquiries for a fleeing armed shooter and found the apartment open. The search later conducted under a warrant revealed a bullet matching the scene, documents, and amphetamines. Justice Patrick McCarthy reserved his judgment, meaning the matter was adjourned and not concluded.
2023-01-23 · Waterford
Michael Delaney, 36, was sentenced by Waterford Circuit Criminal Court in June 2022 to three years' imprisonment for assault causing harm and unlawful vehicle seizure after he violently attacked a 'Good Samaritan' who offered him a lift during a car‑jacking incident on 21 June 2021 in Kilmeaden. Delaney, who was on bail and serving a 12‑13 year driving ban at the time, dragged the injured party from his Saab, punched him repeatedly, threw him into a ditch and drove the hijacked car into parked vehicles. The assault left the victim with broken teeth, vision problems and tinnitus. Delaney's 99 prior convictions, including for dangerous driving and assault, were cited as aggravating. The judge imposed a fully‑suspended 18‑month sentence for violent disorder, while the State appealed the three sentences as unduly lenient. The case remains pending. Michael Delaney pleaded guilty.
2020-03-02 · Waterford
The Court of Appeal has increased the prison sentences of four men convicted of robbing the Cleaboy Post Office in Waterford on May 3, 2018. Alan Wall, Michael Tynan, Conor O'Connor, and Barry Walsh each pleaded guilty to robbery and possession of a sawn-off shotgun. The original sentences, deemed unduly lenient by the Director of Public Prosecutions, were five years for Wall and Tynan (with 18 months suspended) and six years for Walsh and O'Connor (with 12 months suspended). The Court of Appeal, presided over by Mr Justice John Edwards, re-sentenced the defendants to longer terms: Wall to seven years, Tynan to seven years and three months, Walsh to seven-and-a-half years, and O'Connor to eight years. Additionally, concurrent five-year sentences were imposed for the firearms offences. The court found the initial headline sentences too low and noted that too much credit was given for mitigating factors. The robbery involved the use of a firearm and hammers, resulting in the theft of approximately €45,000. The appeal was successful, leading to these increased custodial terms.
2020-02-18 · Waterford
Craig McGrath, 26, of Rathfaddan Park, Waterford, pleaded guilty to the manslaughter of Damien O'Brien, 27, on 13 July 2018. McGrath had earlier been on bail for an assault. The incident occurred at the junction of John Street and Manor Street on 7 July 2018 when McGrath punched O'Brien twice to the head, causing a broken eye socket, nose and jaw. O'Brien was unconscious and later died from a fatal brain injury when his head struck the ground. CCTV showed McGrath shadow‑boxing after the attack. McGrath also pleaded guilty to assaulting Kiefer Dowling in 2017, for which he received five years and a consecutive 2½‑year sentence, the final two years suspended. The Director of Public Prosecutions appealed, and the Court of Appeal re‑sentenced McGrath to seven years for the manslaughter and a consecutive 2½‑year sentence for the Dowling assault, with the final two years suspended.
2020-02-03 · Waterford
Craig McGrath, 26, pleaded guilty to manslaughter of Damien O'Brien, 27, after an assault on 7 July 2018. McGrath punched O'Brien twice, causing fatal brain injury. He also pleaded guilty to assaulting Kiefer Dowling in 2017, receiving a five‑year sentence for manslaughter and a two‑and‑a‑half‑year sentence for assault, with the last two years suspended. The total sentence is five‑and‑a‑half years. The Director of Public Prosecutions seeks to increase this sentence, arguing it was unduly lenient, citing McGrath's callous behaviour and breach of a curfew. McGrath's counsel argues the sentence was appropriate, citing Supreme Court guidance that places manslaughter in a medium range of four to ten years. The Court of Appeal will decide on 18 February.
2019-03-07 · Waterford
In Waterford Circuit Criminal Court, a man was found guilty of sexually assaulting his daughter on 30‑31 January 2015 and sentenced to three years' imprisonment, with the final year suspended. The conviction was based on the prosecution's reliance on the complainant's uncorroborated evidence, including statements from her mother and step‑father that the father had touched her in the private parts. The man's barrister, in her closing speech, mistakenly reported that the mother's evidence was that the father had merely tried to touch her, whereas the mother's actual testimony was that he had touched her. The trial judge deemed the error serious and significant, refused to allow the barrister to correct it, and the Court of Appeal quashed the conviction, holding that the judge should have permitted the correction. The Court will consider whether a retrial is appropriate later. The unnamed man pleaded not guilty.
2017-07-31 · Waterford
Robert Widger, a 38‑year‑old former National Hunt jockey and horse trainer from Waterford, pleaded guilty to theft and possession of stolen property in September‑October 2014. He was originally sentenced to a two‑year term at Waterford Circuit Criminal Court. On appeal, the Court of Appeal reduced the custodial period to 12 months, with the remaining 12 months suspended and to run concurrently with a 12‑month sentence for theft. The judge noted that Widger had stolen six eight‑metre lighting poles from Waterford University Hospital, using a black Land Cruiser registered to him and his wife's swipe card. CCTV captured the theft, and the stolen items were recovered, including a mini‑digger, a horse box, a double trailer and building equipment. Widger, a married father of three and self‑employed in horse training, had a positive probation report citing remorse and low risk of reoffending.
2017-07-17 · Waterford
Bill Kenneally, aged 67, a former sports coach, was convicted of indecent assault on ten teenage boys in Waterford during the 1970s and 1980s. He pleaded guilty to ten counts and was sentenced in February 2016 to 14 years and two months imprisonment by Judge Eugene O'Kelly at the Waterford Circuit Criminal Court. Kenneally's lawyers have appealed the severity of the sentence. The Court of Appeal has scheduled a hearing for January 26, with the case expected to last half a day. Kenneally was not present at the date‑setting hearing.
2016-07-29 · Waterford
Fred Forsey Jnr, a former Fine Gael councillor aged 45 from Dungarvan, lost his appeal against a conviction for receiving €60,000, €10,000 and €10,000 in corrupt payments from a property developer in 2006. The payments were alleged to have been made to influence Waterford County Council officials and councillors to grant planning permission for a development at Ballygagin, and to alter the zoning of the land in the Waterford County Development Plan. Forsey was also accused of seeking to bring the land under the control of Dungarvan UDC, where he was a member. A jury at Waterford Circuit Criminal Court found him guilty and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Fred Forsey Jnr pleaded not guilty.
2015-12-04 · Waterford
Ali Damache, an Algerian-born Irish citizen, is appealing a sentence he has already served for sending a menacing phone call to US Muslim activist Majed Moughni in January 2010. At Waterford Circuit Criminal Court, Damache initially pleaded not guilty but changed his plea to guilty on the sixth day of his trial. On February 27, 2013, Judge Donagh McDonagh sentenced him to four years' imprisonment, with the final 12 months suspended. During case management procedures in the Court of Appeal, his barrister, Mark Lynam BL, informed the court that although the sentence had been fully served, Damache wished to proceed with the appeal. Mr Justice George Birmingham granted Mr Lynam until the end of the term to file submissions. Damache was not present for this procedural matter. The report notes that there are ongoing proceedings regarding other matters involving Damache, including an appeal to the Court of Appeal against a High Court refusal to order his surrender to US authorities in July. Additionally, it was previously heard that Damache was arrested by gardaí in Waterford Courthouse in March 2013 on a High Court warrant shortly after pleading guilty to the menacing call charge.
2015-07-31 · Waterford
Fred Forsey Jnr, a former Fine Gael town councillor aged 45, has lodged an appeal against his conviction for receiving three corrupt payments totalling €80,000 from a property developer in 2006. The Waterford Circuit Criminal Court found him guilty and sentenced him to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Forsey's counsel, Remy Farrell SC, argues that the trial judge misdirected the jury regarding the presumption of corruption, incorrectly instructing them that Forsey had to discharge the reverse burden on the balance of probabilities. Farrell also contends that the judge erred in allowing the case to proceed given Forsey's incapacity to grant planning permission as a councillor. The Director of Public Prosecutions, Denis Vaughan Buckley SC, maintains that the burden of proof remained on the defence and that the evidence against Forsey was overwhelming. The Court of Appeal, presided over by Mr Justice Seán Ryan, has reserved judgment. Fred Forsey Jnr pleaded not guilty.
2015-07-13 · Waterford
In 2014, a 79‑year‑old Waterford fisherman was convicted of 16 counts of indecent assault against a girl in 1982‑83. He was acquitted on eight counts and found guilty on the remaining eight, receiving an eight‑year prison sentence with a two‑year suspended portion. In 2015, the Court of Appeal increased the suspended portion by one year, citing the defendant's age and serious health issues, including prostate cancer, asthma, multiple system disease, and prior bypass surgery. The final sentence now requires the fisherman to serve eight years in prison, with the last three years suspended. He must also post a €100 bond to maintain good behaviour during the suspended period. The appeal did not alter the original conviction or the nature of the offences, merely adjusting the custodial term to reflect the defendant's circumstances. The unnamed 79-year-old pleaded not guilty.
2015-01-26 · Waterford
Fred Forsey Jnr, a former Fine Gael Councillor aged 45, was convicted in 2006 of receiving three corrupt payments totalling €80,000 from a property developer. A jury at Waterford Circuit Criminal Court found him guilty and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. In October 2012, the Court of Criminal Appeal granted him an extension to appeal his conviction and sentence. The Court of Appeal has scheduled his appeal for 18 May, with counsel for both sides agreeing to the date. Fred Forsey Jnr pleaded not guilty.
2014-10-20 · Waterford
Fred Forsey Jnr, a former Fine Gael councillor aged 45, was convicted in 2012 of receiving €80,000 in corrupt payments while serving as a Dungarvan town councillor. He was sentenced to six years' imprisonment, with the final two years suspended, by Judge Gerard Griffin in Waterford Circuit Criminal Court. In October 2014, his counsel, Remy Farrell SC, applied for an extension of time to appeal both the conviction and the sentence. Farrell argued that the prosecution's case was flawed because the planning permission decision was solely the prerogative of Waterford County Council, not Dungarvan Town Council, and that the trial judge and prosecution may have misdirected jurors regarding legal changes. He also raised a second ground concerning the lack of consideration of these issues during the original trial. The court, presided over by Justice Elizabeth Dunne, Justice Mary Finlay Geoghegan and Justice Michael Moriarty, granted a seven‑day extension, allowing Mr Forsey to file his notice of appeal.
2014-10-08 · Waterford
An application by Fred Forsey for an enlargement of time to lodge an appeal against his conviction and sentence was adjourned to October 20. The matter was heard at the Court of Criminal Appeal case management list, where the court fixed the date for the subsequent hearing. Forsey, 45, is seeking additional time to file a notice of appeal, as defendants typically have 21 days from sentencing to do so. The application arises from conflicting accounts regarding whether Forsey instructed his former solicitor, John Devane, to appeal his case. Affidavits from the accused and his solicitor have been received, and the Director of Public Prosecutions intends to cross-examine both parties at the upcoming hearing. Counsel for Forsey, Remy Farrell SC, estimated the hearing would last one hour. In June 2012, Forsey was sentenced to six years' imprisonment, with two years suspended, by Judge Gerard Griffin. He was found guilty by a Waterford Circuit Criminal Court jury of six counts of receiving corrupt payments between August and December 2006. Forsey, formerly of Dungarvan, Co Waterford, had denied taking €80,000 while serving as a town councillor. His ex-wife, Jenny Forsey, provided evidence against him during the trial. The current procedural stage is an appeal application, and the matter remains pending until the October 20 hearing.
2014-04-28 · Waterford
An application by Fred Forsey for an enlargement of time to lodge an appeal against his conviction has been adjourned. Forsey, 45, is seeking additional time to file a notice of appeal, as defendants typically have 21 days from sentencing to do so. His counsel, Mr Remy Farrell SC, applied to adjourn the enlargement request, citing an affidavit regarding conflicting accounts over whether Forsey instructed his former solicitor, Mr John Devane, to appeal. Presiding Judge Adrian Hardiman ordered that Mr Devane be made a notice party to the application. The matter was listed on the Court of Criminal Appeal case management list for May 21, with a production order issued for that date. The judge noted that notice should be given if the matter is to be resolved by cross-examination. In June 2012, Forsey was sentenced to six years' imprisonment, with two years suspended, by Judge Gerard Griffin. He had been found guilty by a Waterford Circuit Criminal Court jury of six counts of receiving corrupt payments between August and December 2006. Forsey, formerly of Dungarvan, Co Waterford, had denied taking €80,000 while serving as a town councillor. His ex-wife, Jenny Forsey, gave evidence against him at trial. The current procedural stage is an appeal, and the matter remains adjourned.