During the trial of Dr Michael Shine, an 85‑year‑old retired surgeon, a sixth complainant testified that he was around 15 when he first visited Shine's clinic in 1975 after a school collapse. Shine diagnosed undescended testicles and a hernia, later operating to correct them. The complainant said that during follow‑up examinations Shine occasionally touched the base of his penis. He initially did not find this unusual, but later recalled two incidents where Shine asked about erectile difficulty and then massaged the base of his penis, telling him not to worry. The complainant expressed that he tried to avoid an erection and felt the touch was inappropriate, though he had tried to convince himself otherwise. Shine denies all eight charges of indecent assault at Our Lady of Lourdes Hospital and his private clinic, with the trial continuing before Judge Cormac Quinn and a jury of four men and eight women. The case is expected to last two weeks.
An 18‑year‑old man was sentenced to five years' imprisonment, with the final two years suspended, after a jury found him guilty of raping a 15‑year‑old girl at a house party in Co. Wexford on 24 July 2014. The defendant, who was 16 at the time of the offence, had pleaded not guilty. He had met the girl, a secondary school student, through a mutual friend and taken her to a party where she was given vodka and became incapacitated. While she was unable to consent, the defendant raped her and later bragged to friends that he had "bagged her". The victim, now 17, described lasting emotional trauma and self‑harm thoughts. The judge noted the defendant's lack of prior convictions, his remorse, and the 18‑month delay between charge and trial, and ordered that he not contact the victim or approach her on social media.
In a Dublin Central Criminal Court trial, Egyptian national Mohamed Okda, aged 31, was found guilty of two counts of rape and one count of sexual assault after a 2014 incident in a city centre flat. The jury returned unanimous guilty verdicts after a seven‑day trial. Judge Michael Moriarty sentenced Okda to eleven years for each rape and five years for the assault, with all terms running concurrently and the final year suspended. The judge noted the difficulty of imprisonment for foreign nationals and acknowledged Okda's claim of threat while in custody. The victim, a married mother, described panic attacks, depression and a "broken" life in her impact statement, and the judge highlighted her ongoing struggle to rebuild her life with family support. Okda has 16 prior non‑sexual convictions in Ireland. Mohamed Okda pleaded not guilty.
A man formerly of Bohea, County Mayo has appealed his conviction for sexual offences committed in the 1990s. John Gannon, aged 73, was found guilty at the Central Criminal Court of indecent assault, sexual assault, rape, and attempted rape following a jury trial. He was sentenced to thirteen years imprisonment, with the final five years suspended, in October 2015. Gannon's legal representatives argued before the Court of Appeal that the trial should have been restarted following an outburst by the complainant during cross-examination, during which the witness spat at the defendant. Counsel submitted the incident was calculated rather than merely emotional and that it constituted an attempt to influence the jury, warranting discharge and retrial. The prosecution contended the trial judge had appropriately cautioned the jury and that no factual basis existed for discharge on emotional grounds alone. The Court of Appeal, comprising three judges, reserved judgement on four grounds of appeal. John Gannon pleaded not guilty.
David Radford, 21, was remanded in custody for one month after the court found he had breached bail conditions by refusing emergency accommodation and sleeping rough. Radford had been released in March after a 3½‑year sentence for sexual assault, with the final 12 months suspended on the condition of full compliance with the probation service. He has 15 prior convictions, including three for sexual assault of women. Probation Officer Rob Pickles reported that Radford had not followed directions, had begun using substances, and the situation was deemed unworkable. Radford's defence argued that he had been attacked and feared for his safety, but the judge said he would re‑activate the suspended sentence if he refused accommodation. Judge Martin Nolan remanded him for a month, stating it was Radford's decision where he wished to reside.
Jerry O'Keefe, 69, of Oakhill, Youghal, Cork, pleaded guilty at the Central Criminal Court to three charges of rape, five of indecent assault and one of sexual assault. The nine sample charges represent a subset of 78 offences covering January 1980 to March 1987. The rape and indecent assault charges involved his eldest daughter, who was aged eight when the abuse began and twelve when it ended in 1985. The elder daughter was repeatedly asked to sit on O'Keefe's lap, sexually assaulted in the sitting room, then taken to his bedroom where he removed his clothes and raped her. The remaining charges concerned the younger daughter, abused at the family's new home on Catherine's Street. O'Keefe would enter her bedroom late at night after returning from the pub, climb into bed beside her and molest her.
The Court of Appeal ruled it would not interfere with a jury verdict that found a 46‑year‑old man guilty of raping and sexually assaulting his former partners' daughters between 1992 and 1997. The Central Criminal Court jury had convicted him of rape and multiple counts of sexual assault, most involving the youngest sister when she was aged 12‑14. He had denied the charges. He was sentenced to nine years' imprisonment on 28 July 2015. In his appeal, his barrister invoked the UK case Queen v Cooper, arguing that a "lurking doubt" could justify overturning the conviction. Judge John Hedigan rejected that test, stating that concepts such as "lurking doubt" or a "gut feeling" do not apply in Ireland. He found the complainants' evidence credible and dismissed the appeal, affirming the jury's verdict. The sisters had only learned of the abuse in 2010, and formal complaints were made in 2012.
During a Dublin Circuit Criminal Court hearing, retired surgeon Dr Michael Shine, aged 85, faced eight charges of indecent assault against six teenage boys at Our Lady of Lourdes Hospital and his private clinic in Drogheda between 1964 and 1991. Shine denied each allegation, stating "I absolutely deny that allegation." The prosecution, led by Bernard Condon SC, presented testimony from six complainants. The first, now 65, claimed that in 1964, at age 13, he was examined for a chest cyst and that Shine touched his chest, stomach, and testicles, repeating "it all works together." Other witnesses alleged similar conduct: a finger injury case, a knee injury case, a broken ankle case, a 16‑year‑old case, and a hernia case where Shine allegedly massaged genitals to ejaculation. The trial, presided over by Judge Cormac Quinn, is expected to last two weeks.
An 83‑year‑old convicted paedophile, whose name is withheld to protect the victim, appealed his 2016 conviction for raping an 11‑year‑old niece in County Clare in August 1971. He had been found guilty by a Central Criminal Court jury and sentenced to seven years imprisonment by Ms Justice Margaret Heneghan. The appeal argued that the trial judge's refusal to adjourn after the prosecution's case closed caused prejudice due to the delay, as the alleged victim's then‑girlfriend—who had been a key witness—had died in 2008. Mr Delaney SC contended that her absence prevented the defence from challenging the prosecution's narrative and that the judge's instructions to the jury were flawed. Counsel for the Director of Public Prosecutions countered that the deceased witness had left no means of communication and that the evidence did not support a claim of unfairness. The court has reserved judgment.
In a case heard at the Central Criminal Court, Egyptian national Mohamed Okda, aged 30, was found guilty of raping a woman he met in February 2014 after she became lost and upset during a night out in Dublin. The woman, a married mother, had been visiting Dublin with two female friends, became drunk and tired, and lost contact with them. Okda approached her, offered help, and after she returned to his flat, he raped her. The jury returned unanimous guilty verdicts on two counts of rape and one count of sexual assault after a seven‑day trial. Okda's defence, led by Ciaran O'Loughlin SC, requested an adjournment of the sentencing hearing to obtain a psychological report, citing concerns that two other men were present in the flat and had not been interviewed by Gardaí. The judge agreed to adjourn the sentencing to 23 October, and the victim was not present at the hearing. Mohamed Okda pleaded not guilty.
The Court of Appeal will review video recordings of a complainant's full evidence in a sexual assault case following an appeal by the convicted man. Fergus Carson, aged 55, of Main Street in Convoy, County Donegal, was convicted by jury in the Central Criminal Court last year of six counts of sexual assault of a girl at a relative's residence between May and September 2012. He received a five-year sentence with the final fifteen months suspended in March 2016. Carson's barrister argued on appeal that fairness and the right to confront the accuser were at issue, contending the complainant became unresponsive during cross-examination when questioned on inconsistencies in her account. The Director of Public Prosecutions' counsel submitted the cross-examination had been conducted professionally and the jury was fully aware of the witness's demeanour throughout. A three-judge panel comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards reserved judgement pending review of the evidence recordings.
Tom Humphries, a former sports journalist aged 54, pleaded guilty in Dublin Circuit Criminal Court to four counts of inviting a child to participate in a sexually explicit act and two counts of defilement of a 16‑year‑old girl between January 2010 and March 2011. The court heard that Humphries first contacted the girl through his volunteer work with junior GAA teams and sent her thousands of text messages, some of which were sexually explicit. In December 2010 he met the girl at his flat, stripped her, performed oral sex on her and had her perform oral sex on him. The court noted that the girl was aware of the texts and that the offending was discovered when Humphries' daughter found the messages on an old phone. Humphries was hospitalized after a suicide attempt and later transferred to St Patrick's mental health hospital where he made another attempt.
The Court of Appeal has reserved its judgment on an appeal by the Director of Public Prosecutions seeking a review of Michael Murray's 15-year prison sentence as unduly lenient. Murray, 46, formerly of Killiney, Dublin, was found guilty by a unanimous jury of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft committed in February 2010. He had previously denied the charges and lost an appeal against his conviction in March. Prosecutors argued the sentence failed to account for aggravating factors, including pre-meditation, deception, and explicit threats to the victim's four-year-old son. Defense counsel contended the trial judge exercised proper discretion. The court, comprising Justices Birmingham, Mahon, and Edwards, heard submissions but did not finalize the sentence, instead adjourning the matter to reserve judgment.
Tom Humphries, a 54‑year‑old former Irish Times sports journalist, is set to be sentenced in Dublin Circuit Criminal Court for sexual exploitation and defilement of a child. He pleaded guilty in March to six offences against a girl under 17, including two counts of defilement between December 2010 and February 2011 and four counts of inviting a child to participate in a sexually explicit, obscene or indecent act between January 2010 and March 2011. The hearing will last about an hour to 90 minutes. Prosecutor Shane Costello informed the judge that the defence has submitted mitigation material, including a letter of apology addressed directly to the complainant, and requested that the victim be allowed to see the letter before the hearing. The case had been adjourned previously to allow the defence more time to prepare a report.
A man from Mayo has pleaded guilty at the Central Criminal Court to twenty counts of child sexual abuse against a boy over a twelve-year period between 1997 and 2008, as well as eleven counts of rape against his own daughter between 2007 and 2009. The victim impact statements revealed the profound harm caused, with both complainants describing lasting psychological damage, including depression, self-harm, and suicidal ideation. The male victim, now aged 31, detailed how the accused groomed him from age ten, exploiting his vulnerable family circumstances. His daughter was first assaulted at fourteen and subjected to repeated attacks characterised as routine abuse. The accused initially denied the allegations but subsequently admitted culpability to gardaí. Mr Justice Tony Hunt adjourned sentencing to December pending a medical report, noting that the guilty pleas had spared the victims a trial while acknowledging that the offences had fundamentally altered their life trajectories.
A Kilkenny man, whose identity is protected to preserve the anonymity of his now 33-year-old cousin, must await the outcome of an appeal against his conviction for rape and sexual assault of the then 14-year-old. The 49-year-old appellant pleaded not guilty to 35 counts, with the trial judge directing not guilty verdicts on the balance. He was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. On February 8, 2016, Ms Justice Isobel Kennedy sentenced him to 10 years imprisonment, with the final year suspended. The appeal, heard by Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, was based on alleged new material regarding the timing of the parties' move to a specific property. Defence counsel argued that fresh records indicated the move occurred in mid-1999, after the complainant turned 15, potentially rendering the alleged pre-1999 offences impossible. The prosecution contended the records were unreliable and raised more questions than answers. The court reserved its judgment, meaning the matter was adjourned and not concluded.
James Maher, aged 64, was jailed for eight years after pleading guilty to six counts of sexually abusing his two nephews between 1980 and 1984. The victims, aged eight and six at the time of the first abuse, were abused at various locations in Dublin. Maher admitted to indecent assault and other sexual offences, describing the abuse as "pain and violence" and "like an animal." The court heard the brothers turned to drugs and suffered depression as a result of the abuse. Judge Patricia Ryan sentenced Maher to nine years, suspending the final year due to his age, health issues, guilty plea and lack of prior convictions. The victims waived anonymity and testified that the abuse had robbed them of their youth and spirit. The case was heard in the Dublin Circuit Criminal Court.
A former Catholic priest has filed a High Court application to stop his upcoming trial for alleged indecent assault of a boy over 30 years ago. He argues that the delay in prosecution, the destruction of documents he requested, and the lack of fair procedures have compromised his right to a fair trial. The case, set for the Dublin Circuit Criminal Court, was heard by Mr Justice Seamus Noonan, who allowed the challenge to proceed on an ex‑parte basis and adjourned the matter to October.
In a Central Criminal Court hearing, a 49‑year‑old Dublin man was convicted of raping his 14‑year‑old niece twice between 1 January 2012 and 1 April 2013 while she lived with him. The victim, now 19, testified that the assaults occurred in her bedroom after she had fallen asleep, describing the uncle's force and the fear he instilled. She reported feeling "dirt, shame and disgust" and later suffered severe depression, self‑harm and suicidal thoughts. The defendant denied the allegations, claiming the niece had lost her virginity to a boyfriend and that he was not drunk when the incidents occurred. He has 37 prior convictions for road traffic offences. Mr Justice Paul McDermott sentenced him to nine years, with the final year suspended, for two "nasty, violent rapes" that breached the trust of a vulnerable child. The defendant's wife and children supported him, and he has applied for legal aid to appeal.
Two brothers, aged 44 and 44, stood in Dublin Circuit Criminal Court and pleaded guilty to six counts of sexual abuse of their uncle, who was 64. The abuse took place between January 1980 and March 1984, when the brothers were aged eight to thirteen and six to seven. The uncle admitted to indecent assault, placing his penis in each boy's mouth and anus, and urinating in one boy's mouth. He had considered murdering them but said he would not do so. The brothers waited to come forward until after their grandparents died, fearing the impact on their family. They described the uncle's reassurance that the abuse was "OK" and "our secret." The brothers suffered drug addiction, depression and relationship problems. The court ordered a probation report and adjourned sentencing to 2 October, noting the seriousness of the offence.
In a victim impact statement at the Central Criminal Court, a married mother described how she is now a "broken person" after being raped by Mohamed Okda in February 2014. She said she suffers from panic attacks and depression, feels her trust and belief in people have been shattered, and that she has lost friends and feels unable to talk about the night. Okda, 30, was found guilty by a jury of two counts of rape and one count of sexual assault. The jury returned unanimous guilty verdicts after a seven‑day trial. The case will return to court on 9 October. The mother thanked her husband for support and said she is working to repair their relationship. Okda has 16 prior convictions in Ireland, none for sexual offences, and has been in custody since his conviction.
In a 2017 appeal, a 58‑year‑old carer from Mullingar was found guilty of indecent assault on a 24‑year‑old vulnerable male resident at a residential care centre. The resident, who had a mild intellectual disability and various physical ailments, alleged that the carer, while the resident was bathing at about 8 pm, had put his hand in the bath and attempted to touch him. The resident had previously complained to a nurse in December, leading to an internal investigation and the carer's suspension with pay, after which he was allowed to resume work. Gardaí later opened a criminal investigation, resulting in the 2014 conviction of a single count of indecent assault, for which the court imposed a wholly suspended 12‑month sentence. The Court of Appeal upheld the conviction, ruling that the offence covers both the apprehension of and actual uninvited, unwelcome physical contact. The appeal was dismissed on all grounds. The unnamed 58-year-old pleaded not guilty.
A 33‑year‑old man accused of raping a woman in her 50s on the grounds of Pollerton Castle in Carlow was refused bail by the Central Criminal Court. He had previously been denied bail at the District Court. The State argued the seriousness of the rape and assault charge, the potential for a lengthy sentence and a flight risk. Justice Paul Coffey accepted these objections and denied bail.
The Charleton Tribunal has concluded its first module of proceedings examining allegations that garda whistleblower Sergeant Maurice McCabe was targeted by a smear campaign orchestrated by senior Garda management. Hearings will resume on 18 September to consider complaints from Garda Keith Harrison. The completed module investigated how a file containing false allegations of sexual abuse against Sgt McCabe, created and distributed by TUSLA, came into Garda possession in 2013 and whether senior officers knowingly used this information to discredit him. Proceedings also examined what knowledge former Commissioner Martin Callinan and current Commissioner Noirin O'Sullivan possessed regarding the false allegations. Evidence heard during the module revealed administrative errors in handling notifications between health services and gardaí. A principal social worker in the Cavan Monaghan district acknowledged failing to identify that an incorrect allegation, previously corrected, had been repeated in correspondence prepared in 2015. A further erroneous reference to Sgt McCabe threatening a complainant remained undetected in an amended notification despite review.
Ryan Lee Thomas, aged 25, was sentenced to two and a half years' imprisonment for three counts of sexual assault in Dublin's city centre and two counts of possessing the controlled drug GBL. The assaults occurred on 30 December 2016, over an hour‑and‑a‑half, while Thomas was under the influence of GBL, which he had purchased online. He was found guilty at Dublin Circuit Criminal Court after pleading guilty. Thomas had previously been convicted in Melbourne, Australia, for sexual offences while under the influence of the same drug. The court noted that Thomas had apologized to each victim and had a good employment history, but he was also ordered to undergo two years of post‑release supervision by the Probation Service. The sentence reflects the seriousness of the repeated assaults and the risk of re‑offending. The court did not alter the custodial term for the drug possession charges.
An unnamed 72‑year‑old Dublin man, previously jailed for indecently assaulting two brothers, returned to prison to serve a further year for a similar abuse of a third brother. He admitted to inviting a then‑seven‑year‑old boy into his bed when alone and rubbing his penis against the child's naked backside. He pleaded guilty to six counts of indecent assault between September 1981 and October 1982. In 2012 he received a four‑year sentence for the earlier offences, with the final three years suspended. The judge noted the seriousness of the breaches of trust, the man's guilty plea, remorse and the late complaint. The prosecution presented a victim impact statement describing the man's lifelong emotional damage and alcoholism, and the court considered his prior sentence and age in imposing the current term. The man was arrested in May after the victim's formal complaint. The sentence reflects the court's view of the repeated nature of the offences.
A garda inspector testified at the Charleton tribunal that she received no instruction to inform the Office of the Garda Commissioner that an allegation of serious sexual abuse against Sergeant Maurice McCabe was false. Inspector Karen Duffy, then holding sergeant rank in the office of assistant commissioner Kieran Kenny, confirmed she forwarded correspondence reporting the allegation to the commissioner's office in May 2014 as directed. However, she stated she was never instructed to send subsequent correspondence clarifying that the allegation contained administrative errors and that the Director of Public Prosecutions had directed no prosecution in 2007. A HSE manager told the tribunal the error, which involved disclosure of a surname from an unrelated case, did not constitute a data protection breach. An interim director with Tusla acknowledged significant failures in oversight and governance across multiple levels of the process, including non-compliance with Children First guidelines and record-keeping regulations. The tribunal, examining claims that Sergeant McCabe was subjected to a smear campaign, continues.
A 65‑year‑old Galway man, whose identity is withheld to protect his daughter's anonymity, will be sentenced on 13 November for raping his daughter and threatening her mother with a shotgun. He denied one count of rape and six counts of sexual assault that took place between August 1991 and August 1993. A jury at the Central Criminal Court found him guilty on all charges after just under three hours of deliberation. The offences occurred in the family home where the victim lived with her parents and three siblings. The complainant, who was about nine or ten when the first incident occurred, described her father entering her room drunk, using a shotgun, removing her underwear, molesting her for a few minutes, and threatening to shoot her mother if she reported the abuse. She reported similar incidents on six to eight further occasions, including a brief rape attempt, a slap, and repeated threats.
The Court of Appeal has adjourned an application by a 43-year-old man to extend the time limit for appealing his sentence. The appellant, whose identity is protected, pleaded guilty at the Central Criminal Court to the rape and sexual assault of his nephew in Limerick during the 1990s. He was sentenced to eight years' imprisonment, with the final two years suspended, by Ms Justice Isobel Kennedy in October 2015. His counsel, Diarmuid Collins BL, argued that the 17-month delay in lodging the appeal was not excessive and that the appellant was "overwhelmed by the enormity" of the events, lacking the emotional strength to appeal earlier. Counsel for the Director of Public Prosecutions, Úna Tighe BL, opposed the extension, citing the victim's interest in finality and arguing that the appellant's claimed lack of strength indicated a prior decision not to appeal. The panel, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, noted that while there is no statutory time limit, Superior Court rules generally allow 28 days. Mr Justice Birmingham referenced the Supreme Court's decision in the case of Nicky Kelly, who was sentenced to 12 years' penal servitude, to establish that extensions must be guided by the justice of the case and the victim's interest in finality. The court was not persuaded at this stage that the interests of justice were served by extending time based on current information. Consequently, the matter was adjourned to the next list to fix dates, with the court prepared to review the application if further information is provided.
In 2017 the Charleton tribunal heard that a false rape allegation had remained on Sergeant Maurice McCabe's file until that year. The allegation was forwarded to the Garda Commissioner in May 2014 by Assistant Commissioner Kieran Kenny after receiving a report from Chief Superintendent James Sheridan. The DPP had directed in 2007 that no prosecution should be made against McCabe following an allegation of inappropriate touching by Ms D. A Tusla file opened in 2013 after Ms D sought counselling mistakenly added unrelated allegations. The tribunal is investigating whether McCabe was the target of a smear campaign. A subsequent Tusla report, sent to Kenny after the error was discovered, was not forwarded to Garda HQ. Kenny wrote to the Commissioner on 16 May 2014, enclosing Sheridan's correspondence. Sheridan later wrote on 23 May 2014 that Tusla had realised the error and no further Garda investigation was needed.
In a hearing before the Charleton tribunal, Jim Gibson, Tusla's chief operations officer, denied that the agency had covered up a false allegation of sexual abuse against Garda whistle‑blower Sergeant Maurice McCabe. Gibson said Tusla had acknowledged serious case‑management mistakes in January, but insisted there was no evidence of improper Garda meddling. He explained that a 2006 allegation by a woman (Ms D) that McCabe had sexually assaulted her in 1998 was investigated and found not to constitute an offence. A Tusla file on McCabe was later opened after Ms D sought counselling in 2013, when unrelated allegations were mistakenly added. Gibson characterised the situation as failures in governance and oversight, not a deliberate cover‑up, and said he was unaware of any Garda interference. He expressed disappointment that the case had not been escalated, noting that the Tusla area manager had chosen not to raise it with the national office.
Shane Fitzgerald, 26, of Tullorum, Spa, Killarney, was sentenced to five years' imprisonment for burglary and sexual assault committed in September 2015. He entered a flat in a Co Kerry town on a "drunken spree," barged in, pulled down his pants, exposed his penis and forced the vulnerable woman, in her fifties, to mouth it. The victim was awakened at 3.30 am, fled screaming, and was later assisted by a neighbour. Fitzgerald pleaded guilty, expressed remorse, and has 56 prior convictions. The judge noted the crime's squalid nature, the victim's vulnerability, and Fitzgerald's dysfunctional background. He imposed a five‑year custodial sentence, followed by three years of post‑release supervision with the Probation Service. No other charges were brought against the accomplices. The victim remains in counselling and has not returned to her flat.
Andrew Roche, 28, pleaded guilty in the Central Criminal Court to one count of orally raping a 12‑year‑old boy and one count of anally raping him between 25 December 2008 and 17 March 2009. The victim, who came forward in 2014, described how Roche lured him to a lane, forced himself on him, and warned him not to tell anyone. Roche, who was 20 at the time of the attack, was initially relaxed when questioned by Gardaí but denied knowledge of the events once he was told the victim was a boy. He has 41 previous convictions and has been in custody on other matters since February 2016. Mr Justice Paul Coffey imposed a sentence of five and a half years' imprisonment, back‑dated to 19 April 2016, and ordered post‑release supervision for six years. Roche has been certified as a sex offender.
A garda whistleblower was subjected to hostility and bullying within the Cavan-Monaghan division, the Charleton tribunal heard. Sergeant Maurice McCabe's barrister told the inquiry that whilst some garda witnesses claimed never to have discussed the sergeant, evidence indicated he faced considerable animosity from certain quarters, including being called a "rat" on social media. Retired Chief Superintendent James Sheridan acknowledged awareness of the bullying but denied any personal involvement in undermining Sergeant McCabe or conspiring to damage his reputation. The tribunal examined an erroneous HSE notification containing incorrect sexual abuse allegations against Sergeant McCabe, which Mr Sheridan characterised as a catastrophic error attributable to the HSE rather than gardaí. He stated that follow-up actions agreed at a July 2014 meeting were not pursued, though rejected suggestions this was deliberate. The original 2006 complaint against Sergeant McCabe resulted in the Director of Public Prosecutions directing no prosecution.
A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape, oral rape and one charge of sexual assault against a 14‑year‑old. He pleaded not guilty to 35 counts, of which the judge directed not‑guilty verdicts on the balance. He received a 10‑year sentence, with the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. The man has now filed an appeal, arguing that new material and the trial judge's treatment of answers given to Garda questions should affect his conviction. His counsel, Aidan Doyle SC, highlighted the defence's claim of consensual conduct and the importance of the complainant's age of consent, noting that the complainant was legally incapable of consenting before his 15th birthday.
A 71-year-old UK citizen with an address in County Roscommon has been ordered to be surrendered to British authorities to face charges of assisting in the rape of her daughter approximately 40 years ago. The High Court heard the woman is accused of indecent assault and joint rape with her then husband at addresses in West Sussex and Devon in the late 1970s, when the complainant was between 10 and 15 years old. The offences were first reported in 2013. Ms Justice Aileen Donnelly ordered the woman's surrender following a European Arrest Warrant issued last March, rejecting arguments based on the age of the alleged offences and the defendant's significant health conditions, including chronic obstructive pulmonary disease and extreme obesity. The judge found insufficient medical evidence supporting claims of unfitness to be tried or imprisoned. However, surrender was postponed on humanitarian grounds to allow the woman to gather medical records and attend appointments. She was remanded on continuing bail to return before the High Court on 2 October.
The Charleton tribunal heard that Sergeant Maurice McCabe was forced to retreat into his garda station following a confrontation with family members of the woman who alleged he sexually assaulted her. In 2007, the DPP recommended against bringing charges, stating there was no evidence an offence had been committed. The tribunal is examining claims of a smear campaign against Sgt McCabe. In 2008, Sgt McCabe wrote to Superintendent Michael Clancy regarding incidents involving the accuser's father, a garda colleague. Inspector Noel Cunningham, who had previously investigated the 2007 allegations, was instructed to investigate the 2008 claims despite knowing both parties. Sgt McCabe subsequently went on sick leave and was transferred to Mullingar. Supt Cunningham denied taking part in a smear campaign or ignoring a 2013 letter from HSE social worker Keara McGlone, who is the applicant in this matter. Retired Chief Superintendent James Sheridan stated he believed the sexual assault allegation against Sgt McCabe could not be right. In May 2014, a Tusla notification containing an inaccurate allegation was sent to Bailieboro Garda Station. Superintendent Leo McGinn recommended a review by officers outside the Cavan-Monaghan division, noting the DPP's non-prosecution direction. He stated he had no animus toward Sgt McCabe and did not meet him. A July 2014 meeting in Mullingar discussed the confusion over different allegations and cut-and-paste errors, with minutes sent to the garda commissioner's office.
At the Charleton tribunal on 19 July, the inquiry into whether Sergeant Maurice McCabe was targeted by a smear campaign heard testimony from Superintendent Noel Cunningham. The tribunal examined a 2006 investigation into allegations of indecent assault made against Sgt McCabe by a child, with Supt Cunningham having recommended to the Director of Public Prosecutions that no prosecution proceed. The DPP accepted this recommendation. Supt Cunningham acknowledged that when informing Sgt McCabe of the decision, he conveyed only that there was insufficient evidence, leaving uncertainty about the allegation's merit. The superintendent stated that following the investigation, Sgt McCabe indicated the process had fundamentally altered his trust in others. The tribunal also heard evidence concerning a 2013 letter from the child and family agency Tusla requesting a meeting regarding abuse allegations, which Supt Cunningham said he had mislaid. He stated he later located the correspondence during a subsequent search. Sgt McCabe and Mr D were both stationed in Bailieboro, County Cavan. The tribunal continues.
In a case heard at the Central Criminal Court, Shane Fitzgerald, 26, pleaded guilty to burglary and sexual assault after breaking into a vulnerable woman's flat in a Kerry town in September 2016. Fitzgerald, who has 56 prior convictions, admitted to entering the flat, pulling down his pants, exposing his penis and forcing the woman to perform oral sex. He demanded money, took a sum, and fled. The victim, a woman in her fifties, was awakened at 3.30 am, was terrified, and later received assistance from a neighbour. Fitzgerald was arrested a few days later and has been in custody since October 2016. He has expressed remorse, written a letter to the court, and is undertaking anger‑management and psychological counselling. No other charges were brought against the other men involved. The case was adjourned to next Monday for finalisation.
A retired schoolteacher in his seventies has filed a High Court application to stop a trial in Dublin Circuit Criminal Court over 16 alleged indecent assault charges against nine boys, dating from September 1968 to 1971. He claims the prosecution is unfair because the Director of Public Prosecutions delayed action, the alleged incidents are so old that key witnesses are deceased, and that proceeding would breach his constitutional and human rights. The teacher denies the allegations and says he has cooperated with Gardaí since his first interview. He also seeks declarations that the prosecution would be unlawful and that it would be unjust to put him on trial. The High Court, on an ex‑parte basis, granted permission to bring the challenge and placed a stay on the trial until the High Court case is decided, with a return date set for October.
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.
Andrew Roche, aged 28, pleaded guilty at the Central Criminal Court to one count of orally raping a 12‑year‑old boy and one count of anally raping him between 25 December 2008 and 17 March 2009. The victim, who came forward in 2014, said Roche lured him to a lane, told him "I want to show you something", forced himself on him and warned him not to tell anyone. Roche, who was 20 at the time, was initially relaxed when questioned but denied knowledge of the events once he was told the victim was a boy. Roche has 41 previous convictions and has been in custody since February 2016. He will be sentenced next Monday, 24 July, after being remanded by Mr Justice Paul Coffey. The victim expressed relief at not having to give evidence but disappointment at not being able to describe the assault.
Ms D, who had previously alleged sexual abuse by Sgt Maurice McCabe, testified before the Charleton tribunal that she met journalist Paul Williams in March 2014 to present her side of the story. She said she wanted the public to know that McCabe was not the saintly figure portrayed in the media and that she had a personal grievance against him. Ms D explained that she had sought counselling in 2013 after a Tusla file was opened following a 2006 allegation, and that the DPP had declined to press charges in 2007 due to lack of evidence. She claimed a Tusla notification mistakenly added a digital‑rape allegation unrelated to her case, which she reported to the counsellor and her father, a Garda. The tribunal, chaired by Justice Peter Charleton, is examining the creation and distribution of the Tusla and HSE files and whether McCabe was targeted by a smear campaign.
The Charleton Tribunal, investigating the creation of false allegations against Sergeant Maurice McCabe, heard evidence from senior Tusla manager Linda Creamer. Ms Creamer attributed the errors to institutional incompetence rather than a sinister campaign, apologising to the McCabe family for the stress caused by a December 2014 letter containing unrelated allegations. She stated that while Tusla was undergoing a major transition, this did not excuse the mishandling of the file, which she described as a governance failure. The tribunal is examining whether McCabe was targeted by a smear campaign involving Tusla and HSE files. In May 2014, a garda notification file containing false rape allegations was created, despite the DPP having declined to press charges in 2007 due to lack of evidence. Social work team leader Eileen Argue told the tribunal she did not recall the events surrounding the file's creation, including the opening of records on McCabe's children, two of whom were adults. Counsel Michael McDowell SC, representing McCabe, challenged Argue's memory, suggesting she sought to avoid personal involvement. He indicated that a post-it note from Argue directed social worker Laura Connolly to prepare the erroneous notification. Argue rejected the suggestion of a misleading account, stating she could not explain why the serious error did not stick in her mind. The matter remains at the pre-trial or charge stage, with the tribunal continuing its inquiry into the procedural failures.
A social worker with Tusla told the Charleton tribunal that she received an incomplete version of files relating to Garda whistleblower Sergeant Maurice McCabe when asked to review them. Clare Tobin, who works with the Sexual Abuse Regional Team, said significant documents were missing from the material sent to her, including a record of a 2007 Director of Public Prosecutions decision directing no prosecution of Sergeant McCabe due to lack of evidence. The tribunal, which is examining the creation and distribution of files by Tusla and the HSE containing false allegations against Sergeant McCabe, heard that Ms Tobin could not determine whether the omissions resulted from professional negligence or deliberate intent. She characterised the file management as poor and emphasised that such allegations against members of An Garda Síochána require sensitive and immediate handling.
The Charleton Tribunal, inquiring into claims that sexual abuse allegations were used to smear Sgt Maurice McCabe, heard evidence from Sgt Tony Byrne on day ten. Sgt Byrne stated he never experienced malevolence or malice towards Sgt McCabe during his time in Baileboro. The tribunal also heard from social worker Briege Tinnelly, who testified that she recorded details regarding Ms D in August 2013 and was not informed of a subsequent error in a written report until it was reported in 2017. Dr Gerard O'Neill, HSE Southeast director of counselling, confirmed that a file containing erroneous allegations was received in May 2014, corrected by month's end, and the incorrect file was shredded. The tribunal is examining the creation and distribution of files by Tusla and the HSE containing false allegations against the sergeant. Mr Justice Charleton ruled that Ms D and her family's evidence next week would be held in private, with their identities protected and media excluded. He noted that while secret courts are generally undesirable, exceptional circumstances permit reporting restrictions. The judge also directed the tribunal administrator to determine bona fide press membership. The hearing remains ongoing, with further evidence scheduled for next week.
The Central Criminal Court heard a trial of a 44‑year‑old Dublin man accused of raping his wife on Christmas Day 2003. He pleaded not guilty to two counts of rape, one of oral rape and one of anal rape. The jury, consisting of eight women and four men, failed to reach a verdict after more than four hours of deliberation and was discharged by Mr Justice Patrick McCarthy. During the trial the accused testified that he and his wife had been drinking, had consensual sex that night and that he had not had anal sex. He claimed that his wife later accused him of rape the next morning. The prosecution, led by John O'Kelly SC, argued that the accused had raped his wife and had told her "I've been waiting to do this for a long time" before anally raping her. The case ended with the jury unable to agree on a decision.
Sgt Tony Byrne, a Garda liaison officer with Tusla, testified at the Charleton tribunal that he never saw a May 2014 notification containing a false allegation of sexual abuse against Sgt Maurice McCabe. Byrne stated he first became aware of the document, sent to Bailieboro Garda Station, only when the tribunal began. He described it as unusual for a report to be sent to gardaí regarding a case already investigated, which led to the DPP deciding not to bring charges in 2007. Byrne also confirmed he did not see a second notification sent in June 2014 that corrected the false allegation. Counsel Michael McDowell, representing McCabe, noted that Supt Leo McGinn had referred the initial notification to the chief superintendent of the Cavan-Monaghan division for potential cold case investigation. Byrne further testified that he felt uncomfortable when Tusla social worker Kay McLoughlin, the applicant, asked about McCabe at a 2015 liaison meeting, recalling the conversation only because McCabe was a public figure. The tribunal is examining claims that these allegations were used to smear McCabe's reputation. The matter is currently at the hearing stage.
In a Charleton tribunal hearing on 13 July 2017, lawyers for Garda whistleblower Sergeant Maurice McCabe argued that the evidence of a woman who had alleged child sexual assault against him should be presented in public. The woman, identified only as Ms D, is scheduled to give evidence on Monday, and her family will also testify. The tribunal, chaired by Justice Peter Charleton, is investigating a possible smear campaign against McCabe and must decide whether Ms D's testimony will be held in private due to the sensitive nature of the matters. Ms D's counsel, Niall Buckley, requested that the press be barred from identifying her or her family, from photographing or video‑recording her movements, and that transcripts containing identifying details be redacted. Lawyers for several media outlets, including RTE, the Irish Times, The Irish Examiner, the Irish Daily Mail and The Sunday Times, stated they had no interest in identifying or photographing Ms D or her family.
In a 2017 trial at the Central Criminal Court, a 44‑year‑old Dublin man pleaded not guilty to two counts of rape, one count of oral rape and one count of anal rape against his wife on Christmas Day 2003. He testified that the couple had been drinking, that they had consensual sex after the children were put to bed, and that he had not engaged in anal sex. He said his wife later accused him of rape the next morning, which shocked him. The prosecution argued that he had forced sex and used the words "I've been waiting to do this for a long time" and "You're my wife" to justify the act. The case remains in its closing stages, with a jury of eight women and four men expected to retire tomorrow morning to consider a verdict.