Swords District Court heard several matters presided over by Judge Dermot Dempsey. Sean Brennan, 32, pleaded guilty to being intoxicated and using threatening and abusive behaviour outside Wright's Cafe Bar on June 7th. He was ordered to complete 240 hours of community service work in lieu of a two-month prison sentence. Thomas Nicholson, 23, was charged with the theft of an €18,000 mini digger from Balbriggan on March 6th. The matter was sent forward for trial at the Dublin Circuit Criminal Court, and Nicholson was remanded on continuing bail. Gary Daly, 25, pleaded guilty to the unlawful possession of PVP, valued at €1,300, found at his home on November 16th last year. The court adjourned the case until December 15th to allow for a Probation and Welfare report to assess his suitability for a 240-hour community service order in lieu of a four-month prison sentence. James Egan, 29, pleaded guilty to failing to provide a blood, urine, or breath sample at Ballymun Garda Station on December 12th last year. He was convicted, fined €600, and disqualified from driving for four years, with the disqualification postponed for five months until March 30th. Aldona Pastuhova, 42, was charged with having a dog off its lead in a public place. The case was adjourned until November 17th due to the unavailability of the prosecuting garda.
The Court of Criminal Appeal quashed the rape convictions of Eamonn Flanagan (42) and Seamus Flanagan (35) after new evidence from key prosecution witness Daniel Lynch. The brothers had been jailed for three years in 2011 following a Central Criminal Court jury verdict for raping a woman in a Red Cow Hotel room in 2008. Lynch, a friend of the accused, claimed he was pressured by Gardaí to state he saw the men at the hotel door, a claim denied by the Gardaí. No DNA from the brothers was found on the victim. The appeal court found the convictions unsafe, set aside the sex‑offender register order and discharged the brothers from bail. The court declined to order a retrial, citing the difficulty of proving the case anew. The decision was announced by Justice John MacMenamin. Eamonn Flanagan pleaded not guilty. Seamus Flanagan pleaded not guilty.
In a High Court hearing on 22 July 2014, Mr Justice Paul Gilligan granted a temporary injunction to the owners of a Dublin city centre property at No 6 Merrion Square, preventing Charlie Allen and his supporters from entering or approaching the premises. The owners, Claude Fettes, Annette Cooper and Marc Godart, alleged that Allen, who claims the Rodolphus Allen Family Private Trust has an interest in the property, unlawfully forced his way in earlier that month and remained with several supporters, including a man with a large Alsatian dog, for several days. During the occupation, carpets were removed and the basement, used by a sound‑recording business, was blocked. Allen and his associates left the building last weekend, but the owners feared he might re‑enter, prompting the injunction. The order was granted ex‑parte and was adjourned to later that week.
A man was jailed for contempt of court and later removed from the Four Courts by ambulance after collapsing. Mr Justice Brian McGovern jailed Eugene Costello after a receiver, appointed by Carlisle Mortgages Ltd, stated that agents were unable to gain vacant possession of land due to Mr Costello's cattle remaining on the property. The application for Mr Costello's imprisonment was brought by Carlisle Mortgages Ltd, who obtained an order for possession of the lands in 2006 following Mr Costello's default on loan repayments from 2004. Mr Maurice Lyons was appointed receiver when Mr Costello failed to pay €1.4m. The judge noted that Mr Costello had previously undertaken to remove all livestock from the land, allowing the receiver to take possession of 90 acres in Coolfree, Rockland, and Onagh. The judge found Mr Costello in contempt of court and committed him to prison until the receiver could take vacant possession of the lands and Mr Costello purged himself of his contempt. The matter was adjourned to next week. Mr Costello, who denied that his livestock were on the lands, appeared to take ill and collapsed, receiving medical attention from paramedics and being taken by ambulance to hospital. The case has been before the courts on multiple occasions, with Mr Costello ordered by the High Court in 2010 to remove his animals from the lands. Last year, the High Court found him in contempt of court, and the Supreme Court refused to grant a stay on that order. Counsel for Carlisle Mortgages Ltd stated that Mr Costello had given an undertaking to remove all his cattle from the land on July 1st last, but agents observed 14 cattle on the lands, which were left there to frustrate and obstruct the receiver. Mr Costello, who represented himself, told the court there were no cattle on the lands and that he had slaughtered and moved his cattle, but animals were put back on the lands due to restrictions imposed by the Department of Agriculture after illness was detected in his herd. He stated he was caught in a bind by the committal order and that he was prepared to take whatever steps were required to remedy the situation.
In a High Court hearing on 2 July 2014, Goffs Bloodstock Sales Ltd sought payment from horse trainer Eugene McDermott and his wife Ashley Scanlon following the sale of the racehorse "Investmentsuccess". Goffs claimed the horse's transfer to Ms Scanlon breached a 2012 mortgage agreement and was conducted without notice or consent. The horse was sold for approximately €178,000, with proceeds deposited into Ms Scanlon's Ulster Bank account. Goffs had obtained an injunction preventing Ms Scanlon from accessing funds above €202,000. During the hearing, Mr McDermott, representing himself, acknowledged that the monies were owed to Goffs and that payment was his intention, though he disputed the alleged clandestine transfer. The court agreed to order the transfer of up to €178,000 from Ms Scanlon's account to Goffs, noting that €94,000 was currently held there. The case was adjourned with liberty to re‑enter.
In Balbriggan District Court, a case brought by neighbour Lorraine Sherry against Gail Corr over the constant barking of Corr's two dogs was struck out after the judge heard that the barking had ceased. Sherry had complained that the dogs, a Boxer cross and a Labrador Collie cross, barked until 5 am on 15 February and 15 March and that Corr had made no effort to stop them. She had sent a registered letter and then taken the matter to court. Corr had fitted anti‑barking collars and claimed the dogs were kept indoors and only taken out for walks. Judge Dermot Dempsey noted a "colossal improvement" and, satisfied that the dogs no longer bark, struck the case out.
Shelia Flannery, a retired horse breeder and trainer, resolved her High Court action against Sean Kavanagh regarding a disputed plot of land in Dunboyne, Co Meath. Ms Flannery alleged that in August 1996, she placed the land in Mr Kavanagh's name for safe keeping, trusting him to hold it in her benefit. Mr Kavanagh denied these claims, asserting they were not business partners and that the transfer was made in lieu of payment for debts and services he provided, including stabling and veterinary fees. Ms Flannery also brought proceedings against ACC Bank, which stated it would abide by any court order. At the High Court, Mr Justice Michael White was informed by counsel Benedict Ó Floinn SC that the matter had been resolved. The court made a declaration that the land was held in trust by Mr Kavanagh for Ms Flannery and directed him to transfer the property to her. Helen McCarthy Bl, representing Mr Kavanagh, confirmed his consent to the agreement. No order was made in relation to ACC Bank. The Judge welcomed the settlement, and the matter was adjourned for six months to allow for the implementation of the settlement. During the hearing, Ms Flannery detailed her financial difficulties in 1996, while Mr Kavanagh maintained he had assisted her during that period.
In a High Court case, retired horse trainer Shelia Flannery alleges that in August 1996 she transferred a plot of land in Dunboyne, Co. Meath to businessman Sean Kavanagh for safekeeping, with the understanding that he would hold it in trust for her benefit. Flannery claims Kavanagh subsequently registered the property in his own name, breaching his duty and interfering with her property rights. She seeks a declaration that the transfer is null and void, that Kavanagh holds the site in trust for her, and orders for him to divest any beneficial interest. Kavanagh denies being a partner, stating the land was transferred in lieu of payments for services and expenses he incurred on Flannery's behalf. He asserts the value of the land did not cover what he was owed, and that Flannery never agreed to transfer the property to him. The case is before Mr Justice Michael White.
A landowner from Manorcunningham in County Donegal has agreed to allow the ESB and Eirgrid access to his property to carry out essential upgrade work on the electricity network. Patrick Gallagher had initially obstructed the companies' efforts to upgrade a 110-kilowatt power line affecting supply across Donegal. The High Court heard that over 200 other property owners had consented to the works without objection. Mr Gallagher, representing himself, had disputed compensation entitlements relating to previous work conducted on his land during the 1990s and alleged prior damage caused by the ESB. Following negotiations before Mr Justice Paul Gilligan, the parties agreed to submit outstanding compensation matters to independent arbitration. Mr Gallagher gave an undertaking not to interfere with the work, and the case was adjourned to June.
In April 2014, the appeal of two Laois brothers, Eamonn Flanagan (42) and Seamus Flanagan (35), who had been convicted and sentenced to three years in prison for raping a woman in a Red Cow Hotel room in March 2008, was adjourned to the next court term. The brothers had pleaded not guilty to vaginal and anal rape respectively. The appeal court had previously considered that a key prosecution witness, Daniel Lynch, claimed he was pressured by Gardaí to state that the brothers were at the hotel room door when he left. No DNA from the brothers was found on the victim and CCTV showed the rapes occurred within a two‑minute window. Counsel for Seamus requested the adjournment to allow an affidavit concerning Lynch's testimony. Judge John MacMenamin noted that the case could not proceed today and would be listed for the first day of the next term, beginning 28 April. The appeal remains pending.
In a High Court decision on 3 April 2014, Mr Justice Brian McGovern dismissed the challenge brought by jockey Eddie O'Connell and trainer Jim Lambe against the Turf Club's authority to enforce horse‑racing rules. The men had sought to invalidate any sanctions arising from the Turf Club's investigation into alleged irregular betting on the horse Yachvili in the 2011 Kerry Food European Breeders Funds Beginners Chase. They claimed the Turf Club's jurisdiction was unlawful and that its rules were unconstitutional, arguing that any decision could end their careers and damage their reputations. The court found the Turf Club's regulatory powers were established by the 1994 Irish Horse Racing Industry Act and that the rules promoted integrity and fair play. Consequently, the court upheld the Turf Club's authority and struck out the applicants' claims, noting the investigation's findings were not relevant to the judgment. The ruling highlighted the limits of judicial intervention in sporting matters.
In a Balbriggan District Court hearing on 20 March 2014, Lorraine Sherry of Thomastown in Loughshinny brought a complaint against her neighbour Gail Corr, also of the same address, over the constant barking of Corr's two dogs – a Boxer cross and a Labrador Collie cross. Sherry said the dogs were kept in a small pen beside Corr's house and barked at everything, including through her daughter's bedroom and kitchen, and even when someone knocked on her door. She claimed the dogs barked repeatedly until 5 am on 15 February and 15 March, and that Corr had made no effort to stop them. Sherry had sent a registered letter to Corr, received no reply, and then took the case to court. Corr denied the allegations, saying her dogs were indoor and only let out for walks, and that she had spoken to other neighbours who had no complaints.
The Dublin Airport Authority and Ryanair have each filed separate High Court applications to stop a proposed Siptu strike scheduled for Friday 14 March, the day of St Patrick's weekend. The strike would involve a four‑hour stoppage at Dublin, Cork and Shannon airports, potentially grounding about 100 Ryanair flights carrying roughly 13,500 passengers. Ryanair's counsel argued the action was "opportunistic in the extreme", citing the busy weekend, the Ireland‑France rugby match and the Cheltenham horse‑racing festival as reasons the date was chosen to maximise harm. Ryanair seeks injunctions preventing Siptu members from striking at the three airports and declarations that the strike would be unlawful, interfering with the airline's economic rights. The DAA, represented by Mark Connaughton, also requested an early hearing, noting the urgency of informing airlines using Dublin Airport.
Richard Coleman, a 29‑year‑old farmer from Drumlattery in Skerries, Co. Dublin, pleaded guilty in Balbriggan District Court to driving without insurance on 29 June at Rathmore Road, Lusk. He had been stopped by Garda John Lennon who confirmed he had no insurance cover at that time. Coleman claimed he had paid a premium cheque two days earlier, but the insurance company returned it because the premium was higher than quoted. He did not receive the cheque until 31 June and was stopped before it was returned. Defence solicitor Mary Arnold noted he had taken out new insurance on 1 July. Coleman explained he drove to a vet to obtain antibiotics for a sick heifer, fearing the animal would die otherwise. Judge Dermot Dempsey accepted his explanation, decided not to disqualify him, but warned that as this is his third no‑insurance conviction he will face custody if he commits a similar offence again. He was fined €500.
Paul Murtagh, 29, of Clonshaugh Heights, appeared before Swords District Court on 13 November 2013 charged with driving without insurance. He was alleged to have been stopped twice this year: on 17 April on Malahide Road and on 2 September on Feltrim Road, both times for lacking insurance. Defence solicitor Patrick Jackson requested a hearing date for both matters. Judge Dermot Dempsey asked why Murtagh had not appeared earlier; Murtagh replied he was at his grandfather's funeral. The judge remanded him on a €200 bond and adjourned the case to 27 January. Murtagh had previously been convicted on Monday at Dublin District Court for possessing a stolen Marmoset monkey, caught in his car on 1 October 2013 after the animal was taken during a burglary in County Kildare. He avoided prison, receiving 80 hours of community service in lieu of four months.
Paul Murtagh, 29, of Dublin, pleaded guilty to possessing a stolen South American Marmoset and to unlawful possession of a stun gun. He was caught with the monkey in his car on 1 October after it had been taken during a burglary in Co. Kildare. Garda Liam Eviston stopped his vehicle and found the animal in the boot. Murtagh also admitted to carrying a stun gun, seized on 27 October 2009, which he had bought legally abroad but is banned in Ireland. The court heard he had no sinister intent and had only used the gun on himself. Judge Bryan Smyth imposed community service to avoid custodial sentences: 80 hours for the monkey, 120 hours for the stun gun, instead of four‑month and six‑month jail terms respectively. The monkey was returned to its owners. The case was heard in Dublin District Court.