Court archive

Animal Related court reports

2021-06-15 · Wicklow

Sister tells killer's sentencing that brother 'had more stab wounds than his age'

At a sentencing hearing in the Central Criminal Court, the sister of Stephen 'Apples' Kavanagh, Stephanie Kavanagh, described her brother's death as 'brutally and viciously robbed' after a row over missing crack cocaine. She stated that her 37-year-old brother had 40 stab wounds on his body and was 'left to die like a dog'. Defence counsel Brendan Grehan SC for Darren Houlden, who was found not guilty of murder but guilty of manslaughter, stated that it had not taken 'Sherlock Holmes' to solve the case as his client had walked into a garda station covered in blood and admitted stabbing the deceased. The judge remanded Houlden in custody until July 6, when he will be sentenced. The jury accepted the defence case that Houlden had 'lost control and snapped' when he stabbed Mr Kavanagh in a 'frenzied attack'. The defence contention was that 'fear' was at 'the heart of the case' and the accused was afraid for 'his own skin' as the victim had threatened his family. Houlden had pleaded not guilty to murder but guilty to manslaughter. The matter was adjourned and never described as concluded or finalised.

2021-06-09 · Dublin

Eyewitness describes moment veteran criminal was murdered

The Special Criminal Court trial of Kenneth Donohoe and Darren Murphy for the murder of Eamon Kelly on December 4, 2012, continues before a three-judge panel. Both accused, aged 42 and 50 respectively, have pleaded not guilty to the murder charge and to the possession of a Glock pistol with intent to endanger life. Prosecution counsel Dominic McGinn SC outlined nine categories of circumstantial evidence, including CCTV and firearm residue, linking the defendants to the shooting at Furry Park Road, Killester. Witnesses described Kelly, a veteran criminal, being shot multiple times in the chest while walking home. Neighbours testified to hearing loud bangs and seeing Kelly staggering, gasping, and still breathing before emergency services arrived. One witness noted Kelly's dog was shaking during the incident. Detective Garda Brian Maher testified that he and colleague Aine Ni Chathain arrested Sean Connolly near Clontarf Cricket Club shortly after the shooting, finding surgical gloves and a neck warmer on him. Connolly, then aged 35, was previously jailed for life by the Special Criminal Court for the murder of Kelly. The trial, presided over by Mr Justice Alexander Owens, is expected to last six weeks.

2021-05-14 · Dublin

Truck driver gets 8.5 years for importing €2.2m in cannabis

Gerard Donnelly, a 45‑year‑old truck driver from Omagh, was sentenced to eight‑and‑a‑half years' imprisonment for importing €2.2 million worth of cannabis into Ireland. On 27 September 2017, a trailer he was driving was inspected at Dublin Port; a drug‑detection dog alerted customs officials, and an X‑ray scan revealed 342 kg of herbal cannabis and 8 kg of cannabis resin hidden in pallets at the rear of the trailer. Donnelly pleaded guilty at the Dublin Circuit Criminal Court. He claimed he was merely a courier, having been directed to transport the load for a customer of his employer, and that he was unaware of the quantity of drugs. The court accepted that he had no prior convictions, had been on bail, and had voluntarily entered custody after pleading guilty. Judge Martin Nolan imposed the sentence, back‑dating it to the date he first entered custody on 1 March.

2021-05-12 · Dublin

Jail for violent attacker who punched Luas security and claimed he was in gang

James Fagan, 28, was jailed for assault causing harm and three counts of making threats to kill or cause serious harm after punching a security guard at Red Cow LUAS Stop on 28 July 2019. He had previously been convicted of assault causing harm and was serving a five‑and‑a‑half‑year sentence with the final 18 months suspended. Judge Melanie Greally added a consecutive two‑year term, suspended the final 12 months of that term, and imposed strict conditions including engagement with the Probation Service for 12 months upon release. Fagan, who claimed to be part of a well‑known crime group, threatened to kill the guard and others, and was described as intoxicated and having taken ecstasy and cocaine before the incident. The court heard that he had violent tendencies for a significant period and that he was a father of three children. The judge increased his time in prison by a year. James Fagan pleaded guilty.

2021-03-10 · Sligo

Cash posted to 'fictitious' person is forfeited to State

A judge at Dublin Circuit Criminal Court has ordered the forfeiture of €6,700 in cash intercepted at an An Post sorting facility in south Dublin. The package, which arrived from the United States in June 2020, was addressed to a Michael Wilbald at a Sligo town residence. A Revenue-trained detector dog alerted officers to the presence of cash, which was subsequently located inside a blank greeting card. Following investigation by the Revenue Commissioners, no person of that name could be identified through Department of Social Welfare or Revenue records, and enquiries at the address confirmed no such resident lived there. Subsequent letters to the addressee went unanswered, and attempts to trace the sender proved unsuccessful. A second package containing cash and addressed to a different person at the same location was later discovered and remains under investigation. Judge Elma Sheahan found the evidence satisfied her that the cash represented proceeds of criminal conduct and ordered its forfeiture to the State.

2021-03-04 · Cork

Bar manager caught with 'stomach churning' child abuse material

In a Dublin Circuit Criminal Court hearing, Matthew Johnstone, 31, pleaded guilty to possession of child pornography. Gardaí seized a laptop from his Brabazon House apartment, uncovering 22 images and 13 videos depicting children aged 1 to 12 years in sexual and physical abuse. The images showed girls aged 4 to 12 being abused, with eight digitally altered to include a horse's genitalia. The videos featured girls aged 1 to 10, including four of an 18‑month‑old baby abused by an adult woman, and a "trailer" video. Judge Pauline Codd described the material as "stomach churning" and adjourned the case for finalisation on March 24. Johnstone had no prior convictions, had worked as a bar manager, and claimed remorse, stating he had attended two counsellors and was seeking rehabilitation. The court considered a non‑custodial sentence.

2021-02-17 · Dublin

Violent Luas attacker claimed he was with 'well-known crime group'

James Fagan, aged 28, pleaded guilty in the Dublin Circuit Criminal Court to assault causing harm and three counts of making threats to kill or cause serious harm after an incident at Red Cow Luas Stop on 28 July 2019. He had punched a security guard who had tried to restrain him following reports of passenger abuse on a tram. While restrained, Fagan threatened to kill the guard and a colleague, claiming affiliation with a "well‑known crime group." He was found intoxicated, having taken ecstasy and cocaine, and had used a tin can as a weapon. Fagan's prior conviction for assault causing harm is currently serving a five‑and‑a‑half‑year sentence with the final 18 months suspended. The court adjourned the case for finalisation to 12 May, ordering a Probation Service report. The defence described Fagan as a young man attempting to change his ways, noting his violent tendencies and personal background.

2021-02-04 · Wexford

'I like onions': €1m Kinahan bagman to be returned to jail after appeal

In February 2021 the Court of Appeal increased Bernard Joyce's sentence for possessing €911,600, the proceeds of criminal conduct, by one year. Joyce, 45, had been found with the cash concealed in a camper van in Foulksmills, Co. Wexford, wrapped in onions to avoid detection by a sniffer dog. He pleaded guilty at Wexford Circuit Criminal Court. The Court of Appeal agreed with the Director of Public Prosecutions that the original three‑year sentence was unduly lenient, citing the amount of cash, its concealment and Joyce's attempt to flee. The judges accepted the headline sentence of seven years but, after accounting for time already served, imposed an actual custodial term of four years. Joyce was ordered to report to Wexford Garda station on 19 February.

2021-01-19 · Ireland

'Unsafe" for hare coursing to continue, State tells High Court

The High Court heard submissions in judicial review proceedings brought by the Irish Coursing Club (ICC) against the Ministers for Health and Housing, and Local Government and Heritage. The ICC seeks an injunction to allow hare coursing to resume during current pandemic restrictions, alleging the Minister for Health's decision to delist the sport was irrational, lacked transparency, and was discriminatory. Counsel for the ICC, Martin Hayden SC and Eoin O'Shea BL, argued that the exclusion was unfair compared to permitted sports like greyhound racing and horse racing, and alleged the decision was tainted by bias due to Minister Stephen Donnelly's past support for banning coursing. They claimed the delisting occurred without consultation with relevant departments. In response, Michael Cush SC, representing the State, submitted that it is unsafe to allow coursing in the current climate and that the government is entitled to restrict the sport to protect public health. He argued coursing differs from other sports as it takes place in open areas rather than enclosed stadia, and that the majority of sports are currently curtailed under Level 5 restrictions without complaint. The State denied all allegations of bias or discrimination. Following the conclusion of submissions, Ms Justice Niamh Hyland reserved her decision, acknowledging the urgency of the application and stating she hoped to deliver judgment as soon as possible. The matter was adjourned pending the judge's ruling.

2020-12-11 · Dublin

Crufts winner jailed for knife muggings

Michael Geoghegan, 36, a former Crufts best dog handler, pleaded guilty in Dublin Circuit Criminal Court to three knife‑point muggings on Rathbeale Road, Swords, on 18 August last year. He also admitted producing a large kitchen knife to intimidate victims and an iron drill bit and knife while resisting arrest. The court heard he threatened a garda who chased him, and that he had a history of drug addiction and 52 prior convictions, including robbery with an imitation firearm in 2005. Judge Patricia Ryan sentenced him to four years' imprisonment, suspending the final year on strict conditions, including six months of probation after release. Geoghegan had handed €2,500 to the victims as a gesture of remorse. The case involved three random women who were robbed at knife‑point in the morning, with Geoghegan demanding cash and threatening to stab them. The garda was disarmed with a baton after Geoghegan lunged at him.

2020-11-19 · Dublin

Man (52) 'prostituted' and sexually abused girl (16)

John Lewis, 52, of Lucan, Dublin, was sentenced to seven years' imprisonment for sexually abusing and "prostituting" a 16‑year‑old girl between February and October 2018. Lewis admitted to having sexual intercourse with the victim on 10 to 20 occasions, claiming he had become her "master" while she was his "sub". He also admitted to defilement of a child, sexual exploitation of a child, and possession of child pornography. Evidence included a handwritten "contract" binding the victim to obey Lewis, a list of 128 sexual acts, a black leather dog‑collar, and 77 images and five videos of child pornography. Lewis had previously been convicted of road traffic offences. The court noted that the victim had never engaged in such behaviour before meeting Lewis and that Lewis had cooperated with the investigation. Judge Martin Nolan imposed the sentence without any suspended portion, citing Lewis's immediate cooperation and the seriousness of the offences. John Lewis pleaded guilty.

2020-09-21 · Ireland

Man suffering from mental disorder seeks return of puppy

A man detained under the Mental Health Act has filed a High Court challenge against the Garda Commissioner to recover his puppy. The man, whose name is withheld for legal reasons, suffers from a mental disorder and was admitted as an involuntary patient to a psychiatric facility after a disturbance at his home. While he was detained, the Garda obtained a court order preventing him from keeping pets, leading to the removal of his puppy and its transfer to the DSPCA. He claims the order was unlawful and seeks a High Court order to return the dog, quash the District Court orders made under Section 61 of the 2013 Animal Health and Welfare Act, and a declaration that those orders breached natural and constitutional justice. The case was granted ex‑parte permission by Mr Justice Charles Meenan, with a hearing scheduled for October.

2020-09-14 · Dublin

'Lonely and sad' scissor sister challenges prison transfer

Charlotte Mulhall, aged 21 at the time of the 2005 murder of her mother's boyfriend, has filed a High Court challenge to reverse her transfer from Limerick Prison to the Dochas Centre in Dublin. She argues that the move, made on 24 December 2018, was unjustified and that she was never given a chance to explain the alleged incident involving a prison officer. Mulhall claims the transfer has caused her severe emotional distress, citing a lack of family visits and the loss of her dog from a canine programme. She seeks orders directing the Irish Prison Service, the Governor of Limerick Prison, the Minister for Justice & Equality, and the Attorney General to return her to Dublin and to annul the transfer decision. The case is set to be heard by Mr Justice Charles Meenan next month. Mulhall's sister, Linda, was convicted of manslaughter in the same 2005 case and released in 2018.

2020-09-11 · Longford

Man accused of being armed with Pit bull named 'Buster' admits new charges

A 40-year-old man from Longford has pleaded guilty to two counts of resisting arrest at Dublin Circuit Criminal Court. Brian Farrell initially faced charges of assaulting gardaí and possessing a claw hammer and knuckle duster following an incident at Sallynoggin Road on October 16th, 2016. The prosecution withdrew those charges following his guilty pleas on the second day of trial. Garda evidence during the proceedings indicated that when officers attended Farrell's home, he emerged holding a Pit bull terrier and a claw hammer, and allegedly directed the dog to attack gardaí. Farrell's defence disputed this account, stating he was recording activity outside his home when he was tackled by gardaí. The trial revealed significant disagreement between prosecution and defence regarding the presence of the dog and the nature of the arrest. Judge Martin Nolan remanded Farrell on continuing bail and adjourned sentencing to October 16th. Brian Farrell pleaded not guilty.

2020-09-10 · Longford

'Bite them Buster': gardai attacked by man with Pit bull, trial hears

Dublin Circuit Criminal Court heard evidence in the trial of Dubliner Brian Farrell, who has pleaded not guilty to possession of a claw-hammer and knuckleduster and assaulting two gardai on Sallynoggin Road on October 16, 2016. Garda Garvan Allen testified that he saw the accused emerge from a house holding a pit bull terrier aloft in one hand and a claw hammer in the other. The garda alleged that as officers attempted to arrest him, Farrell shouted instructions to the dog, including "Get them Buster, bite them Buster." Farrell denies any dogs were present that evening. Allen described a melee during which Farrell violently resisted arrest, kicking and scratching officers, resulting in one garda drawing blood. A black metal knuckleduster was found in Farrell's pocket, and a claw-hammer was seized. In cross-examination, defense counsel Eoghan Cole BL presented Farrell's account that he was recording the scene with a phone and torch when tackled by three gardai, claiming he was struck and punched. Allen disputed this, maintaining all violence originated from Farrell. Allen acknowledged that only Farrell had medical evidence of injuries. The trial continues before Judge Martin Nolan and a jury.

2020-09-08 · Wexford

Sentence over seizure of €1m in Kinahan cash 'too lenient', State says

In September 2018, Bernard Joyce, 45, of Newtown, Beauparc, Slane, was found guilty of possessing €911,600, the proceeds of criminal conduct, under the Money Laundering and Terrorist Financing Act 2010. Garda Stephen Burke described how the cash was concealed in two gear bags inside a hollow section of a camper van, wrapped in brown sellotape and surrounded by onions to deter a sniffer dog. The cash was recovered at Arnestown, Foulksmills, Co Wexford. Joyce pleaded guilty and was sentenced to five years' imprisonment, with the final two years suspended on the condition of a €200 bond while in prison and after release for two years. The DPP appealed, arguing the sentence was "unduly lenient" and that the judge had not adequately considered the amount of cash, its concealment, and Joyce's attempt to flee. The Court of Appeal has reserved its judgement.

2020-07-24 · Wexford

Student driver has jail term cut for seriously injuring dog walker

Chloe Bates, a 21‑year‑old student from Summerfield, Ballycale, Gorey, was sentenced to 12 months' imprisonment for careless driving that seriously injured Pamela Levingston, a woman in her 60s, while she was walking her dogs on a country road near Millands, Gorey, on 28 May 2018. Levingston was thrown over a ditch, suffered heart injuries requiring stents, fractures to her legs, arms, ribs and breastbone, and required emergency surgery and five months in hospital. Bates also received a four‑month concurrent sentence for hit‑and‑run. On appeal, the Court of Appeal found the original 18‑month headline sentence excessive and reduced Bates' jail term to eight months, citing mitigating factors such as her cooperation with Gardaí and her young age. The sentence is to run from 18 June. The appeal court did not suspend any portion of the sentence. The case remains at the appellate stage.

2020-07-13 · Monaghan

Farmer whose cattle were shot by defence forces has bankruptcy extended

The High Court has extended the bankruptcy of John Hoey, a farmer from Carrickmacross, County Monaghan, by eight years. Ms Justice Teresa Pilkington's decision means Mr Hoey will remain bankrupt until the end of February 2024. The extension was granted following findings that Mr Hoey had failed to cooperate with the Official Assignee, Chris Lehane, since an earlier judgment delivered in April. Mr Hoey's legal team argued that a document previously filed in 2016 constituted a statement of affairs, but the judge ruled this had no bearing on her findings. Mr Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. He intends to appeal the court's ruling.

2020-07-09 · Waterford

Olympic showjumping trainer claims she owns 50% of valuable horses

An Italian woman, Ms Martina Romagnoli, is sued by former lover Jose Alfredo Hernandez Ortega and his company Leeston Enterprises SA for moving two valuable horses to Ireland. Ortega claims ownership of the grey stallion Milton, pre‑selected for Belgium's Olympic team, and the gelding Diego, slated for the European Championships, each worth €4‑4.5 m. The High Court granted Ortega a temporary injunction preventing sale or removal of the horses. The case involves Romagnoli's Irish companies, alleged to run Bunmahon Sporthouse Stud, and Ballinasisla Stud Ltd, owned by Richard Fitzgerald, who is also secretary of Romagnoli's companies. Ortega alleges the horses were taken to Ireland to escape his control. Romagnoli claims 50 % ownership of each horse and opposes appointing receivers, arguing it would damage her reputation. The judge adjourned the matter, directed parties to secure insurance, and to keep the horses' passports during proceedings.

2020-07-02 · Waterford

Mexican businessman and Italian ex in row over valuable horse and its semen

A Mexican businessman, Jose Alfredo Hernandez Ortega, and his Panama‑registered company Leeston Enterprises SA have brought a High Court action in Ireland against former Italian partner Martina Romagnoli and several Irish‑registered companies. Ortega claims that Romagnoli moved two valuable horses, a grey stallion named Milton and a gelding named Diego, from a Belgian stud to Ireland without his permission. The horses are slated to represent Belgium in the Olympic Games and the European Championships. On Thursday, Ms Justice Reynolds granted temporary injunctions preventing the horses from being sold or moved out of Ireland, requiring the defendants to preserve any semen samples from Milton and to disclose the horses' whereabouts. The injunction also restrains the defendants from inseminating other horses with Milton's semen. The case will return to court next week.

2020-06-29 · Kilkenny

Stables burglar caught red handed as owner was on couch minding mare in foal

In a burglary of stables outside Mullinahone, Co. Tipperary, 27‑year‑old Owen Kirwan and two others entered a tack room where horse owner Miguel Gunn was lying on a couch with a mare in foal. Kirwan was caught "red‑handed" by Gunn, who had a pitchfork for self‑defence. Kirwan threatened that "20 lads" would return to "burn you out" if he was not let go, and later admitted the offence after a voicemail recording was played. He had pleaded guilty to burglary and threat to damage property. Judge Tom Teehan at Clonmel Circuit Court imposed a seven‑year sentence, with two and a half years suspended. Kirwan appealed to the Court of Appeal, arguing the sentence was disproportionate, but the appeal was dismissed by Justice Patrick McCarthy, Court President George Birmingham and Justice Isobel Kennedy. The appeal was refused.

2020-06-17 · Limerick

Rapist father who encouraged family dog in abuse loses appeal

Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The offences began when his daughters were about seven years old and continued twice weekly for ten years, largely in the family home. Byrnes, a retired taxi driver, denied all charges and claimed the prosecution had failed to properly address alleged fabrication and collusion by the complainants. He appealed on the basis that the trial judge had not adequately directed the jury on how to treat evidence from the two daughters. The Court of Appeal dismissed the appeal, noting that while a perfect trial is ideal, a fair trial is required. Byrnes was sentenced to eight years' imprisonment, with two years suspended, by Justice Paul McDermott in October 2018.

2020-05-22 · Monaghan

Bankruptcy extended for farmer who remains 'haunted' by shooting of cattle

The High Court has extended the bankruptcy of a Carrickmacross farmer whose cattle were destroyed by Defence Forces marksmen in 2016. Justice Teresa Pilkington ruled that John Hoey failed to cooperate adequately with the Official Assignee, Chris Lehane, in disclosing his assets. The court found evidence that Mr Hoey concealed cash on his property, moved farm machinery to a local hotel, and did not fully disclose proceeds from cattle sales. Mr Hoey disputed the allegations, contesting that he provided required documentation and describing himself as haunted by the July 2016 culling of his cattle. The judge determined sufficient grounds existed to extend the bankruptcy, which began in February 2016, and adjourned the matter to allow both parties to submit proposals on the length of extension. The case will return to court next month for further hearing.

2020-05-13 · Dublin

Vulnerable woman stored guns and €750k in drugs at home

Denise Bergin, aged 50, was sentenced to five years' imprisonment after pleading guilty in Dublin Circuit Criminal Court to possession of drugs for sale or supply, firearms and ammunition. On 18 July 2019 Gardaí seized two semi‑automatic pistols and ammunition hidden in a dog‑food box under her kitchen sink, 37 packages of cannabis, six small bags of cocaine and about 40,000 prescription tablets, totalling €758,000 in value. Bergin claimed she had been asked to hold the items for €400 to pay a drug debt and to visit her sick mother in the UK. She was described as a vulnerable person with a diagnosed emotionally unstable personality disorder, and her mother died two weeks after her arrest. The court noted the exploitation of her vulnerability and imposed the five‑year sentence with mitigation considered.

2020-05-08 · Cork

Stable owner's conviction for raping teenage girl is upheld

In 2020 the Court of Appeal upheld the conviction of Ger Hehir, a stable owner, for raping and sexually assaulting a teenage girl between 2010 and 2013. Hehir, aged 59, had pleaded not guilty to the rape and four counts of sexual assault at his home and at horse events. The Central Criminal Court jury found him guilty after a seven‑day retrial and sentenced him to seven years' imprisonment, with the final 18 months suspended. Hehir appealed, arguing that the trial judge failed to warn the jury about uncorroborated evidence and confused the issue of consent. The Court of Appeal rejected these arguments, stating that the judge's charge was clear enough to leave no doubt that the complainant had not consented and that the defence's case was that no sexual activity had occurred. The appeal was dismissed, leaving the original conviction and sentence intact.

2020-04-30 · Tipperary

Man who used live piglet in greyhound training loses appeal over ban

Christopher Connolly, a dog handler from Cappawhite, Co. Tipperary, appealed a High Court decision that upheld a ban by the Irish Greyhound Board (Bord na gCon) and the Irish Coursing Club (ICC) preventing him from participating in racetrack or coursing events. The appeal was dismissed by a three‑judge Court of Appeal. Connolly's ban stemmed from an incident in 2014 while he lived in Australia, where he used a live piglet as bait at Tooradin Trial Track. Australian authorities had imposed a lifetime ban, later reduced to five years with a suspended five‑year period. Connolly returned to Ireland in 2015, applied for a Kennelhand Authorisation, was refused, and his appeal to the board's control committee was rejected. The Court of Appeal found that Connolly had been fully informed of the board's investigation and had no right to challenge the findings, concluding that the exclusion order was justified and lawful.

2020-04-28 · Dublin

Homeless man jailed over part in 'extremely violent' attack

Sean Keenan, a 24‑year‑old homeless man, pleaded guilty to robbery at Red Cow Luas Stop on 4 November 2017. Garda Christopher Hogan described how Keenan and two other men followed Andrew O'Sullivan, who had just disembarked from a bus carrying a duty‑free bag with two bottles of spirits and 400 cigarettes. The men attacked O'Sullivan, with Keenan punching and kicking him, and the third man striking him in the head with a bottle. They threatened to kill him before leaving. Cigarettes taken from O'Sullivan were found in Keenan's possession and his clothes bore the victim's blood. Keenan had 99 prior convictions, including robbery, attempted robbery, criminal damage, burglary and car theft, and was highly intoxicated during the offence. He had no recollection of the attack. The judge noted the assault was "extremely violent and vicious" and sentenced Keenan to five years' imprisonment, suspending the final two years on strict conditions, including 12 months of probation after release.

2020-04-27 · Limerick

Rapist father who encouraged family dog in abuse brings appeal

Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The abuse began when his daughters were about seven, the year of their First Communion, and continued for ten years, occurring mainly in the family home, a coal shed, and his car. Byrnes encouraged the family dog to participate in sexual acts with one daughter on three occasions. He was sentenced to eight years' imprisonment with two years suspended. Byrnes, a retired taxi driver, pleaded not guilty and maintains his innocence. He has now lodged an appeal, arguing that the trial judge failed to properly address alleged fabrication and collusion by the complainants and that the jury was not given adequate directions on how to use their evidence. The Court of Appeal has reserved judgment.

2020-03-06 · Dublin

Armed man broke into woman's house, destroyed her possessions and threatened to kill her

David Clail, aged 28, pleaded guilty to armed burglary, criminal damage and threatening to kill Sharon Murphy after breaking into her Kinsealy home on 20 September 2016. He entered the house, smashed furniture, tore out a TV, smashed a mirror, and threatened to kill Murphy, her family and her dog. He also threatened to kill her grandmother and called his relatives. Murphy called 999, hid her phone, and tried to calm him. Gardaí found Clail with a flick‑knife and blood on his hands. He admitted he had no reason for the attack, saying he had woken up in a "black mood" and "blanked out". The court noted his poly‑substance abuse and mental health issues. Judge Karen O'Connor sentenced him to five years and seven months in prison, with a headline sentence of seven and a half years, after a delay and an early guilty plea.

2020-03-04 · Monaghan

Cattle shot for public safety and disease prevention reasons, High Court hears

Five cattle were shot on a Carrickmacross farm in July 2016 by members of the defence forces for public safety and disease prevention purposes, the High Court heard on Wednesday. Bankruptcy trustee Chris Lehane told the court that the animals were culled as a last resort after tuberculosis was detected in the herd and cattle had been found straying on public roads. Security concerns and the difficulty of containing the animals in challenging field conditions also factored in the decision, he said. The cattle belonged to the estate of John Hoey, who was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. Mr Hoey opposes an application by Mr Lehane to extend his bankruptcy by up to ten years, claiming he has cooperated with the process. Justice Teresa Pilkington reserved her decision on the extension application.

2020-03-03 · Monaghan

Farmer claims he is 'haunted' by shooting dead of cattle by defence forces

A Carrickmacross farmer has opposed an application to extend his bankruptcy by up to ten years at the High Court. John Hoey was declared bankrupt in February 2016 following a petition by John Kelly Fuels Ltd for €262,000. The Official Assignee, Chris Lehane, seeks the extension under the Bankruptcy (Amendment) Act 2015, claiming non-cooperation including failure to provide a Statement of Affairs. During bankruptcy proceedings, five cattle on Mr Hoey's farm were shot by defence force members in July 2016. Mr Hoey contests the allegations, stating he furnished required documentation and that assets were sold below value. He also disputes claims the cattle were destroyed humanely, describing the incident as traumatic. Mr Lehane maintains enforcement actions were necessary and appropriate. The case before Ms Justice Teresa Pilkington continues, with cross-examination of the Official Assignee ongoing.

2020-02-20 · Dublin

Judge asks if injunction being sought to 'facilitate a dog'

In a High Court hearing on 20 February 2020, Ms Justice Leonie Reynolds questioned whether the injunction sought by Belwall Limited was intended to "facilitate a dog". Belwall, part of the Townmore Group, alleged that Mr Darren Cummins, who had purchased the property for €2.4 million, was repeatedly trespassing after the sale closed. Cummins reportedly told an agent that he would "have to do things his way" because his calls to Townmore were not returned, and an associate shouted at the agent to "tell him to transfer the rest of the money". A sign reading "private property keep out", a padlock and chains were installed, and an agent discovered a dog inside the house. Belwall claimed the dog was being cared for by Cummins and sought orders to allow safe removal of the animal, to prevent any animals or vehicles from being placed on the property, and to compel Cummins to deliver up vacant possession.

2020-02-03 · Dublin

Punter smashed 28 TV screens after bet placed on wrong race

John Farrell, 47, of Ballymun, Dublin, pleaded guilty to criminal damage after smashing 28 television screens at Boyle Sports in September 2016. He claimed he was owed winnings from a bet he believed had been processed incorrectly and placed on the wrong race. The staff member explained that the first horse on his ticket had not won, making the bet a loss. Farrell returned later with a hammer and smashed the screens, causing €10,450 in damage. He had 25 prior convictions, the most recent in 2001 for handling stolen property. In court, he admitted the act, expressed remorse, and was receiving treatment for an aggressive form of cancer. Judge Melanie Greally, noting the incident was out of character and influenced by his circumstances, imposed a four‑year suspended sentence.

2020-01-29 · Dublin

Dog track protest row resolved

In a High Court case, an injunction that had limited protests outside Shelbourne Park greyhound track was lifted after settlement talks. The agreement, reached between the protesters and Shelbourne Park Greyhound Stadium Ltd, allows the protesters to continue peaceful demonstrations on Saturday evenings but under agreed conditions. The track operators will pay the protesters' legal costs and acknowledge the right of patrons and employees to attend events. The settlement also removes any insinuations that the protesters were involved with leaflets threatening residents, which are under Garda investigation. The injunction had barred the six named protesters and others from approaching within 50 metres of the track entrance and from obstructing access. The parties agreed to protocols, including keeping protests on a public path at least 3.5 metres from the entrance, limiting slogans to greyhound welfare, and deploying stewards in high‑visibility jackets.

2019-12-16 · Dublin

Man cleared of attempted murder walks free after last charge is dropped

Robert Lawlor, a 35‑year‑old father of three, was acquitted of five charges, including attempted murder, after a trial where his ex‑girlfriend Rachel Kirwan recanted a statement to the Gardaí that alleged he had threatened to kill her new partner Derek Mitchell and his mother Fiona Mitchell. The jury found him not guilty on all counts. On 16 December 2019, the Central Criminal Court struck out the sole remaining charge against Lawlor – assault causing harm to Kirwan on an unknown date in December 2014 – by entering a nolle prosequi. Judge Michael White declared Lawlor fully discharged, no longer in custody, and free to leave. The court proceedings followed earlier acquittals in May 2018 of attempted murder of Fiona Mitchell, possession of a firearm with intent to endanger life, and shooting of Ms Mitchell's dog Chopper. No further charges were pursued.

2019-12-09 · Cavan

Hit-and-run driver told gardai he had been drinking

Anthony Corcoran, aged 39, of Newcastle, County Dublin, pleaded guilty at Dublin Circuit Criminal Court to failure to remain at the scene with intent to escape civil or criminal liability following a collision on the Naas Road, Dublin on 31 January 2016. The court heard that Corcoran struck Peter Maunde, who was walking on the motorway in dark clothing during poor weather conditions. A charge of dangerous driving causing death was withdrawn by the State. Corcoran informed gardaí of his involvement the following morning after his father contacted local police in County Cavan. During interview, Corcoran admitted consuming alcohol that evening. Garda evidence indicated multiple witnesses observed a man crossing the motorway barrier near Red Cow Roundabout, while other motorists initially mistook the casualty for an animal. Judge Martin Nolan remanded Corcoran on continuing bail for sentencing, indicating he would consider the case overnight. A victim impact statement from the deceased's family was submitted to the court.

2019-12-05 · Dublin

Attempted Murder jury warned to be "especially cautious" about identification evidence

In a case of attempted murder, the jury was cautioned by Mr Justice Paul McDermott to scrutinise the identification evidence presented by a woman who claimed to recognise the gunman. The woman, Ms. Mitchell, alleged that she saw Robert Lawlor holding a gun in her garden before shots were fired into her home and that a dog was also shot. Mr McDermott warned that even multiple witnesses can err, urging jurors to consider the duration and clarity of Ms. Mitchell's view from her lit kitchen into a dark garden. He reminded them that the defence argued her testimony was dishonest. The jury must decide whether the shooting constituted attempted murder or intimidation, and each of the five charges against Lawlor must be judged separately with unanimous verdicts. Lawlor has pleaded not guilty to all charges, including attempted murder, possession of a firearm with intent to endanger life, a threat to a third party, and shooting a dog.

2019-12-04 · Dublin

Alleged murder bid victim "neither reliable nor truthful", defence tell jury

In a Central Criminal Court hearing on 4 December 2019, Robert Lawlor (35) faced five attempted‑murder charges for an attack on Fiona Mitchell on 26 May 2018. Defence counsel Patrick McGrath SC argued that Mitchell's identification of Lawlor was unreliable, citing inconsistencies and the difficulty of seeing in a dark garden. He warned of the dangers of identification evidence and urged the jury to reject Mitchell's testimony. Prosecution counsel John O'Kelly SC countered, presenting Mitchell's consistent statements, CCTV showing two men entering her garden, and bullet trajectories that matched her account. He highlighted the damage to the house, the presence of a dog that was killed, and the absence of DNA or fingerprints. O'Kelly also detailed prior threats by Lawlor toward Mitchell's ex‑girlfriend and her partner, framing the attack as a response to those threats. The case remained at the trial stage, with the judge scheduled to charge the jury the following day. Robert Lawlor pleaded not guilty.

2019-12-04 · Dublin

Shooting arose as ex would not "give in" to accused's demands, State say

In the trial of Robert Lawlor, a 35‑year‑old from Laytown, the State's closing speech highlighted the circumstances leading to the shooting on 26 May 2018. Lawlor was seen by the alleged victim, Fiona Mitchell, in her back garden holding a gun moments before shots were fired into her home. The prosecution argued that the incident was triggered by Lawlor's ex‑girlfriend, Rachel Kirwan, refusing to end her relationship with Derek Mitchell, whom Lawlor demanded she break off. Lawlor pleaded not guilty to attempted murder of Mitchell, possession of a firearm with intent to endanger life, a threat to Kirwan to kill or seriously harm Mitchell and her son, and shooting a dog. The trial, presided over by Mr Justice Paul McDermott, continues before a jury of seven men and five women.

2019-11-29 · Dublin

Alleged attempted murder victim confirm's son's friend was shot dead

In the Central Criminal Court trial, 35‑year‑old Robert Lawlor denies attempting to murder Fiona Mitchell on 26 May 2018 and denies threatening her son Derek. Mitchell, who confirmed her son's childhood friend Kane McCormack was shot dead 18 months earlier, says she does not know if McCormack was involved in the Hutch‑Kinahan feud. She also denies claims that her home is a "half‑way house" of partying and drug use. Witnesses include a taxi driver who met Lawlor on the night of the alleged shooting and a Garda who observed Lawlor's agitation at his home. Lawlor has pleaded not guilty to attempted murder, possession of a firearm with intent to endanger life, a threat to Rachel Kirwan, and shooting a dog. The trial proceeds before Justice Paul McDermott and a jury of twelve.

2019-11-28 · Dublin

Attempted murder trial hears of bullet found in dog basket

During the attempted‑murder trial of Robert Lawlor, the Central Criminal Court heard that Garda Cathal Hickey recovered four bullets from the Mitchell residence after the shooting on 26 May 2018. One bullet lay on the kitchen floor, another in the hallway, a third was found in the dog basket of the shed, and a fourth was on the decking outside the back patio. Hickey also traced a line of blood from a bullet in the dog shed to a decking area where a dead German Shepherd, Chopper, was found. He reported bullet holes in the front door at 79 inches and in the kitchen‑hallway door at 64 inches. Sergeant Noel Smith admitted moving a bullet from outside the house to inside the property at about 8 am, citing concern that it might be removed by someone else. The trial, presided over by Mr Justice Paul McDermott, continues with a jury of seven men and five women. Robert Lawlor pleaded not guilty.

2019-11-27 · Dublin

Attempted murder trial witness breaks down over photographs of boyfriend

In the Central Criminal Court, Robert Lawlor, 35, pleaded not guilty to attempted murder, firearm possession, a threat to Rachel Kirwan, and shooting a dog. Detective Sergeant Noel Smith testified that Lawlor was seen in black clothing, agitated and aggressive on the evening of the shooting. Smith described Lawlor's erratic behaviour, his confrontation with Gardaí, and his departure from home, prompting Smith to contact Kirwan and the Armed Support Unit. Kirwan, who had been in a relationship with Lawlor and later with Fiona Mitchell's son Derek, broke down during questioning about photographs of Derek. She refused to answer questions about the photos, stating her life was worth more than the images. The trial remains before a jury.

2019-11-25 · Cork

Clarification sought from EU courts over fishing law

The Court of Appeal will ask the Court of Justice of the European Union for clarification on EU fishing regulations that govern the return of fish to sea in Irish waters. The case involves Dutch skipper Klass Meijvogel, who was convicted in 2015 of operating a Dutch factory ship, the Wiron 5, that had equipment capable of returning fish to the sea within the Irish exclusion zone near Cork. The ship was boarded by the Irish Naval Service on 11 February 2015, and the boarding party found a grading machine and chute that could return pelagic fish such as herring, mackerel or horse mackerel, which EU regulations made illegal to discharge or return. Meijvogel pleaded not guilty but was found guilty by a 10‑2 jury. Judge Seán Ó Donnabháin ordered confiscation of €344,960 for the catch and €55,000 for gear.

2019-11-19 · Dublin

Alleged murder bid victim denies wrongly identifying accused

In the trial of Robert Lawlor, accused of attempting to murder Fiona Mitchell on 26 May 2018, Mitchell denies that she misidentified Lawlor. She says she saw him through her kitchen window holding a gun, ran out, locked the door, and heard two loud bangs before her dog was later found dead. Lawlor's counsel, Patrick McGrath, argued that Mitchell was "obsessed" with him and had stalked him online, but Mitchell insists she never messaged him and that she did see him that night. Rachel Kirwan, a former partner of Lawlor, recounts their relationship, their children, and a 2018 garden incident where she told Lawlor to leave. Kirwan also recalls a phone call from Mitchell before the shooting. Lawlor has pleaded not guilty to attempted murder, possession of a firearm with intent to endanger life, a threat to Kirwan, and shooting a dog. The judge will not require the jury until Thursday.

2019-11-14 · Dublin

Cancer patient broke man's leg and robbed him of bookies winnings

Martin Hanley, 55, pleaded guilty to robbing a 65‑year‑old man outside a bookies on Gardiner Lane, Dublin, on 23 November 2017. He knocked the victim, Frank O'Neill, to the ground with a punch, demanded money while O'Neill lay on the ground, and stood on his leg. O'Neill's tibia was broken, leaving him unable to run or walk for a period and preventing him from walking his dog. Hanley, who is undergoing cancer treatment and has had a lung removed, was sentenced to five years' imprisonment, with the final two years suspended, by Judge Karen O'Connor on 29 March 2019. The Court of Appeal upheld the sentence, rejecting the appeal that it was too severe. The appeal was dismissed by Mr Justice George Birmingham, who noted the violence and injury inflicted and the victim's refusal of a €2,000 token of remorse offered by Hanley's family. The final sentence was three years' imprisonment, with no further suspension or adjustment.

2019-11-12 · Dublin

Man tried to murder mother of ex's new parter, State tells jury

A 35‑year‑old man, Robert Lawlor, pleaded not guilty to attempted murder of Fiona Mitchell, possession of a firearm with intent to endanger life, a threat to Rachel Kirwan, and shooting a dog. The Central Criminal Court heard that the attempted murder occurred on 26 May 2018 at Moatview Avenue, Priorswood, when Lawlor, armed, entered Mitchell's garden, fired a shot that shattered the patio door, and fired again as she fled. Mitchell escaped through the front door; Gardaí arrived but the gunman and a second man had fled. A dog that had been barking and raising the alarm was shot dead. Lawlor's alleged motive was that Mitchell's son, Derek, was in a relationship with Lawlor's former partner, Rachel Kirwan, a relationship Lawlor could not accept. The trial continues before Mr Justice Paul McDermott.

2019-11-11 · Kildare

Body-in-canal accused thought chainsaw had "dog meat" on it

In a trial at the Central Criminal Court, Paul Wells Junior, aged 33, pleaded not guilty to disposing of a chainsaw motor and blade in County Kildare in January 2016. He claimed he was unaware the chainsaw had been used to dismember Kenneth O'Brien, whose body was found in a suitcase on the Grand Canal. Wells Junior said he had thrown the chainsaw into the canal to avoid hindering the investigation, believing it was stained with what he thought was dog meat. He also stated he had spoken voluntarily to Gardaí to help the O'Brien family seek justice. The court heard that O'Brien died from a gunshot wound to the head, and that his dismembered remains were found in a suitcase. Paul Wells Senior, aged 51, was jailed for life for O'Brien's murder. The trial continues before Justice Carmel Stewart and a jury of twelve.

2019-11-01 · Galway

Damages for man whose horse was destroyed by council

In a High Court case, Mr Edward McDonagh was awarded €2,000 in damages after Galway County Council destroyed his stallion, "Chief of Colours," in April 2018. The council had seized the horse on 11 February 2018, claiming it was wandering on Headford Road, and destroyed it on 13 April 2018 after Mr McDonagh refused to pay a €3,000 impounding and veterinary fee. Mr McDonagh contested the council's actions, arguing the fee was unlawful and that the council had acted beyond its statutory powers. The judge ruled that the council's destruction of the horse was unlawful, that the €3,000 demand was impaired by an unlawful €589 administration fee, and that Mr McDonagh was entitled to damages. The court awarded €2,000, noting the horse's value was modest and that the council's actions violated statutory requirements and property rights.

2019-10-25 · Dublin

Majority stake in Cheltenham-winning horse bought with proceeds of crime

The High Court ruled that John Boylan, also known as John Power, acquired a 90 per cent stake in the Cheltenham-winning horse Labaik, a west Dublin property, a bank account, a mobile home, and a 2015 Mercedes Benz E Class with the proceeds of crime. Ms Justice Carmel Stewart found a substantial financial shortfall in Boylan's declared income, leading to the inescapable conclusion that these assets were directly or indirectly derived from criminal proceeds. Boylan, who denied the allegations and claimed earnings from gambling and an animal feed business, also brought plenary proceedings against the Criminal Assets Bureau (CAB). He alleged negligence and breach of duty regarding an injury Labaik sustained at Punchestown in April 2017, claiming CAB prevented him from selling the horse after seizing its passport. The judge dismissed these claims, finding Boylan's assessment of the horse's value and the injury's extent to be exaggerated and speculative. She determined that CAB acted appropriately, with no malfeasance or negligence, and that trainer Gordon Elliott was a truthful witness. The court noted Boylan had 67 previous convictions, including two for drugs offences. The matter was concluded with the assets identified as proceeds of crime and Boylan's civil claims against CAB dismissed.

2019-07-26 · Dublin

"Jekyll and Hyde character" attacked garda after developing rapport

Joseph Hussey, 41, pleaded guilty to assaulting Garda Gemma Twohig on 13 October 2018 and threatening to kill a woman in his home on 19 January 2019. He has three prior convictions. The court described him as a "Jekyll and Hyde character" who is calm when sober but violent when drunk. Judge Martin Nolan remanded him overnight and later sentenced him to 18 months imprisonment, fully suspended on the condition of good behaviour for 18 months. The judge noted the abuse of Gardaí friendships and the animal cruelty offence. Hussey had previously threatened Gardaí, feigned unconsciousness, and was handcuffed after becoming abusive to ambulance and medical staff. The victim impact report detailed Garda Twohig's injuries and emotional distress. No further legal outcomes were mentioned.