Courts / Dublin / Report

Priest on US drugs rap may travel to give evidence in will dispute

Date
2019-06-25
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

The High Court has adjourned a will dispute involving Fr Michael O'Leary and his siblings, Nora Harpur, Barry O'Leary, Tadgh O'Leary, Marie O'Leary, and John O'Leary. The plaintiffs seek to set aside the 2009 will of their late mother, alleging she was not of sound mind and was subject to undue influence. Fr O'Leary, who is on bail in New York facing alleged criminal possession of a controlled substance with intent to sell and two counts of criminal use of drug paraphernalia, has not entered a plea. His American lawyer advised that the criminal charges are adjourned until early July and unlikely to be disposed of until October. While his bail does not currently prevent travel to Ireland, he could face a custodial sentence if convicted, which would bar him from travelling until served. Ms Justice Leonie Reynolds adjourned the matter to inquire if a judge could be available in July before the summer vacation. The court noted that Fr O'Leary completed a rehabilitation programme and contacted his Irish lawyers. The plaintiffs expressed concern regarding his availability to give evidence, asking if video link testimony was possible. The claims against the defendants are denied.

Who, what, where, when and why

What: Report matter: Priest on US drugs rap may travel to give evidence in will dispute. Charges or matters: criminal possession of a controlled substance with intent to sell and two counts of criminal use of drug paraphernalia and the criminal possession of a controlled substance. Procedural stage: sentence

When:

Why: The case came before the High Court earlier this month, when Fr O'Leary's lawyers sought an adjournment because of difficulties concerning his availability to give evidence following his arrest. CNI source report

Case subjects

Barry O'Leary

Applicant

Fr Michael

Applicant

Charges: criminal possession of a controlled substance with intent to sell and two counts of criminal use of drug paraphernalia and the criminal possession of a controlled substance (Alleged Or Contested)

Outcome: Fr O'Leary's American lawyer had also made contact with them and had advised that the criminal charges stand adjourned until early July, and are unlikely to be disposed of until October.

Fr O'Leary

Defendant

Charges: criminal possession of a controlled substance with intent to sell and two counts of criminal use of drug paraphernalia and the criminal possession of a controlled substance (Alleged Or Contested)

Outcome: Fr O'Leary's American lawyer also informed his Irish counterparts that it was possible he could receive a custodial sentence if he is convicted by the New York Court when the criminal case is finally disposed of in October. In that scenario, Fr O'Leary would be unable to travel until the sentence has been served.; Fr O'Leary's American lawyer had also made contact with them and had advised that the criminal charges stand adjourned until early July, and are unlikely to be disposed of until October.

John O'Leary

Applicant

Marie O'Leary

Applicant

Nora Harpur

Applicant

Tadgh O'Leary

Applicant

Places mentioned

Court Venue
  • High Court
Residence

Topics

Drugs Stage Sentence

Related court reports

Read the original CNI report

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