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Sexual offences court reports

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2015-10-19 · Westmeath

Victim tells court that repeated sexual abuse by father was "defining experience" in her life

Rita Broderick, aged 46, gave a victim impact statement at the Central Criminal Court after her father James Broderick, aged 77, pleaded guilty to three rapes and three indecent assaults that occurred in their Athlone home between January 1983 and September 1984. She described her childhood as a "war zone" and said the repeated abuse began when she was four in Manchester, continued after the family moved to Athlone when she was 13, and ended when she was 15 after she fled the house. Broderick said the abuse forced her to disassociate, leading to Dissociative Identity Disorder, and that she now lives in America, has suffered an eating disorder, hip dysplasia and has been unable to have children. She also noted that her brother and sister endured emotional abuse. The judge praised her statement and noted the damage left by her father. The case is pending sentencing.

2015-10-19 · Dublin

Man who used Facebook to contact 14-year-old girl is jailed for defilement

A 22‑year‑old man from Meath was sentenced to three years in prison for defilement after using Facebook to contact a 14‑year‑old girl and her 12‑year‑old sister. He met the older girl three times, performed sexual acts, and tried to persuade her to bring her sister for a threesome, claiming they could "train her." The girl's mother testified that the abuse ruined her daughter's childhood and caused her to suffer panic attacks. The court found the abuse premeditated and imposed a five‑year sentence with the final two years suspended. The man was ordered to register as a sex offender and undergo 18 months of probation supervision upon release. He pleaded guilty to defilement and soliciting a child in November 2012. The case was heard in Dublin Circuit Criminal Court.

2015-10-15 · Dublin

Former scout leader jailed for sexual abuse of six boys

David O'Brien, aged 63, was sentenced to four and a half years' imprisonment for indecent assault of six boys during Scout camping trips between 1975 and 1980. He pleaded guilty to ten counts of assault in Dublin, Kilkenny and Cork. The court noted that each offence could carry a maximum of two years under the law at the time, but imposed three consecutive two‑year sentences and suspended the final 18 months, resulting in an effective custodial term of four and a half years. O'Brien, a former postman, admitted to unzipping sleeping bags, fondling private parts, forcing masturbation and inserting fingers into a boy's anus. He has no prior convictions and has lived in social isolation since the abuse. Victim impact statements highlighted long‑term depression, anxiety and suicidal thoughts caused by the assaults. The judge emphasised that O'Brien used his position of trust and authority to plan and premeditate the offences.

2015-10-14 · Dublin

Serial rapist gets two-year sentence for daylight sex assaults on two women

Paul Moore, aged 50, received a two‑year prison sentence for daylight sexual assaults on two women in Dublin city centre. He pleaded guilty to assaulting a woman on Gardiner Street on 21 January 2015 and another on St Mary's Place North on 8 May 2015. Judge Martin Nolan imposed an 18‑month term for the second offence, to run consecutively with six months for the first, back‑dated to when Moore entered custody in May, and suspended the final nine months. Moore had 11 prior convictions, including three rape offences, and had served prison terms for earlier sexual and indecent assaults. Garda Gavin O'Gara described how Moore approached the first victim, a woman in her early 20s, offering a cigarette and groping her breast while she spoke. The second victim, a late‑teen, was approached for a cigarette on the road to a pharmacy; Moore touched her nipple and again groped her breast.

2015-10-13 · Carlow

Carlow-born former US Marine jailed for sexual abusing his niece has prison sentence cut on appeal

Eamonn McCall, a 42‑year‑old former US Marine from Carlow, was convicted at the Central Criminal Court of indecent assault and attempted rape of his niece between 1990 and 1993. The original 12‑year sentence, with two years suspended, was reduced on appeal to 10 years, with the suspension unchanged. His concurrent 10‑year sentence for indecent assault was also reduced to eight years. The Court of Appeal, citing a prison governor's report and McCall's willingness to participate in a sex offenders programme, maintained post‑release supervision arrangements. The case involved four offences: oral rape, digital penetration, forced masturbation and attempted vaginal rape, with the victim aged between seven and eleven at the time of the acts. The appeal decision was delivered by Mr Justice George Birmingham, joined by Mr Justice Garrett Sheehan and Mr Justice John Edwards. The reduction was made without altering the suspended portion or the effective custodial term. Eamonn McCall pleaded guilty.

2015-10-13 · Roscommon

Father-of-three jailed for sexual relationship with 14-year-old girl has prison sentence cut on appeal

A 35-year-old man from Roscommon has had his prison sentence reduced on appeal following his conviction for sexual offences against a child. He had pleaded guilty at Roscommon Circuit Criminal Court to six counts of defilement of a child and one count of sexual assault occurring over five months in 2011. The original sentence of nine years, with the final three suspended, was imposed in June 2014. The Court of Appeal found an error in how the sentencing judge had structured the penalty and imposed a new net sentence of five years imprisonment, with the final twelve months suspended. Mr Justice John Edwards, delivering judgment, outlined how the offences began when the man, then in his early thirties, became friendly with the girl through family connections. The abuse escalated over time and only ended when the girl's mother discovered text messages and reported the matter to gardaí. The court accepted evidence of remorse and low reoffending risk.

2015-10-13 · Cork

80-year-old Cork man jailed for abuse of boy has jail term cut on appeal

Patrick Bassett, 80, of Glanmire, Cork, was jailed for 4 years after pleading guilty to 22 counts of indecent assault on a 10‑year‑old boy and one count against the boy's brother in the late 1970s and early 1980s. The Court of Appeal, hearing on 13 October 2015, suspended the final 12 months of his sentence, citing his early guilty plea and the fact that the abuse was systematic, involving daily acts of masturbation, oral sex and an attempted buggery. The judge noted the victims' vulnerability, their lack of a father figure, and that Bassett had inserted himself as a surrogate. The suspended period is to be followed by 12 months of post‑release supervision, a €100 bond, and probation service oversight. Bassett denied remorse and had been assaulted in prison by a younger inmate. The decision was made by Justices Birmingham, Sheehan and Edwards.

2015-10-09 · Ireland

High Court clears way for man's fourth trial on alleged sex offences

The High Court has authorised a man to be tried for the fourth time on 14 counts of rape and sexual assault alleged to have occurred in the late 1960s and 1970s. The man, whose identity is withheld for legal reasons, denies all allegations. He was first tried in 2012 before the Central Criminal Court, where the jury could not reach a verdict. A second trial in 2013 ended when the judge discharged the jury. A third trial in 2014 was abandoned after a dispute over the prosecution's disclosure of documents. A fourth trial date was set, but the man sought judicial review to stop it, arguing that a fourth trial breached his rights under the European Convention on Human Rights and that a failure by the State to fully disclose had undermined his confidence in the process. The Director of Public Prosecutions opposed the review.

2015-10-09 · Dublin

Homeless alcoholic and "complete nuisance to society" jailed for ten months for sexual assault of teenager at bus stop

Paddy McCann, 67, a homeless alcoholic described by the court as a "complete nuisance to society," was sentenced to ten months' imprisonment for sexually assaulting a 17‑year‑old girl at a Dublin bus stop on 20 September 2014. McCann pleaded guilty at the Dublin Circuit Criminal Court. Garda Daragh O'Brien reported that McCann had approached the girl, asked her personal questions, and after making her sit beside him, rubbed her hand and demanded a kiss. He repeatedly kissed her face and later, while on the bus, tried to prevent her from boarding the upper level, kissing her again before she escaped. CCTV footage from the bus was later used to arrest McCann on 6 November 2014. McCann claimed the incident was "only kisses" and apologized, citing his intoxication. The judge described him as delusional and a nuisance to society. The case involved no prior sexual offence convictions among McCann's 303 minor convictions.

2015-10-09 · Dublin

78-year-old father jailed for life for raping daughters moves to appeal conviction

A 78‑year‑old Dublin man was jailed for life after being convicted in August 2010 of 87 counts of raping his two daughters, aged between five and 11, and sexually assaulting his son, aged between three and six, between 1997 and 2002. He denied the charges. A seven‑week trial led a Central Criminal Court jury to find him guilty, and Mr Justice George Birmingham sentenced him to life imprisonment on 4 October 2010 for the rape of his daughters, with additional determinate sentences for other offences. The man, now too ill to attend, has moved to appeal his conviction on 12 discrete grounds. His lawyers argue the trial judge erred on several procedural matters, including jury instructions, evidence handling and the use of video testimony. The Court of Appeal will decide on 29 October.

2015-10-05 · Dublin

Man jailed for defilement of his daughter to be sentenced for sexual assault at party

Andrew Durran, aged 43, is set to be sentenced on 12 November for a sexual assault that occurred at a party in December 2006. He was convicted by a Dublin Circuit Criminal Court jury after a trial in June. The assault took place in a house in Dublin where Durran, who had never met the victim before, forced himself on her while she was sleeping. She resisted, but he pushed her down and attempted to kiss and forcibly penetrate her. She reported the incident to the police and later told a friend what happened. Durran denied penetration and claimed the act was consensual, calling the allegation "a whole lot of shit." He has 17 prior convictions, including a 2007 defilement of his daughter, and is currently serving a seven‑year sentence for that offence. The judge adjourned sentencing to allow a psychiatric report to be completed. The maximum sentence for the assault is ten years imprisonment.

2015-09-02 · Dublin

Sex offender arrested at Dublin Airport surrenders himself to UK

On Monday night, Pakistani national Mian Mujahid Ali Shahid, aged 19, was arrested at Dublin Airport under a European Arrest Warrant issued by UK police. The warrant sought his extradition to serve a 30‑month prison sentence imposed in his absence for sexual assault. Shahid, after being informed of the warrant and its implications, chose to surrender himself to UK authorities. He swore on the Quran, signed a legal form consenting to his surrender, and was remanded in custody by Mr Justice Raymond Fullam until the order could be implemented. Counsel for the Irish authorities, Anne‑Marie Lawlor, confirmed that Shahid was wanted to serve the 30‑month sentence for sexual assault and for failing to appear before court. All formal requirements for extradition were deemed to have been met. Mian Mujahid Ali Shahid was convicted.

2015-08-07 · Westmeath

Man jailed for 10 years for raping 14-year-old girl

Martin Stokes, 24, was convicted after a 17‑day trial of raping a 14‑year‑old girl in a field while she walked to a friend's house. DNA evidence and about ten witnesses linked him to the crime. Stokes denied knowing the girl and later claimed consensual sex, but the judge described his lies as "obvious mendacity." He was sentenced to 12 years, with the final two years suspended on strict conditions, including no contact with the victim or her family and registration of his address with Gardaí upon release. The victim, who suffered panic attacks, anxiety, depression, self‑harm and suicidal thoughts, testified that the trial and Stokes' outbursts caused her panic attacks. The court also heard she had moved towns because of the rape. The judge ordered Stokes' name to be publicly identified. The case was heard at the Central Criminal Court in Westmeath. Martin Stokes pleaded not guilty.

2015-08-05 · Ireland

Westmeath man convicted of raping 14-year-old girl

During a 17‑day trial at the Central Criminal Court, a 24‑year‑old Westmeath man was convicted of raping a 14‑year‑old girl in a field near her home. The defendant claimed the victim had willingly participated and enjoyed the act. Text messages sent in 2011 between the girl and her friends, which referenced sexual acts, were presented to the jury. The girl, now 18, denied lying about her sexual activity and denied ever performing oral sex with another boy of her age. She testified that she met the man on the road, was persuaded to go into a field, and that he forced her to lie down, kissed her, removed her clothing, and raped her. The jury returned guilty verdicts on all charges in under two hours. The defendant was remanded in custody pending a full sentence hearing. The victim's name was withheld to protect her anonymity. The unnamed 14-year-old pleaded not guilty.

2015-08-01 · Dublin

Trial of man charged with 50 counts of sexual abuse against two girls rescheduled

A 51-year-old man charged with 50 counts of sexual abuse against two young girls has had his trial rescheduled to June 2016 at Dublin Circuit Criminal Court. The accused faces 40 counts of child exploitation, three counts of sexual assault, and seven counts of defilement of a child under 17. The alleged offences occurred between 2007 and 2011 at locations in Dublin and Donegal. The trial, expected to last a fortnight, was originally fixed for May 2016 but was adjourned following a prosecution application citing the unavailability of a State witness. Judge Martin Nolan rescheduled the proceedings to begin on 13 June 2016 and remanded the accused on continuing bail.

2015-07-31 · Ireland

Mayo resident jailed for 15 years for rape and sexual assault of his daughter

A man from Mayo has been sentenced to 15 years imprisonment following his conviction at the Central Criminal Court on 23 counts of rape and sexual assault of his daughter. The offences, committed between 2008 and 2012, occurred when the victim was aged seven to eleven years old. The abuse came to light after the child disclosed details to a schoolmate, prompting intervention by school staff, the HSE, and An Garda Síochána. The defendant maintained his innocence throughout the trial despite evidence contradicting his account. Mr Justice Patrick McCarthy noted the lasting impact on the victim, who continues to experience significant psychological harm. In her victim impact statement, the young woman described the profound effect the abuse and subsequent court proceedings have had on her wellbeing and relationships. The convicted man has been placed on the sex offenders register as part of his sentence.

2015-07-28 · Galway

Convicted child abuser has subsequent conviction for sexually abusing his niece quashed

A 66‑year‑old man, previously imprisoned in the United States for child abuse, had his 1993 conviction for raping his nine‑year‑old niece in Galway quashed on appeal. He had pleaded not guilty to rape, oral rape and three counts of sexual assault. A jury at the Central Criminal Court found him guilty and he was sentenced to eight years' imprisonment, with the final three years suspended by Mr Justice Garrett Sheehan on 21 October 2013. Mr Patrick Gageby SC argued that major inconsistencies existed in the charges and evidence presented at trial. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed that the cumulative effect of these inconsistencies meant the conviction could not stand. The Court of Appeal quashed the conviction without ordering a retrial.

2015-07-28 · Dublin

Man who raped his former partner's daughter and sexually assaulted her older sister is jailed for nine years

A 44‑year‑old Dublin man was convicted at the Central Criminal Court of eight counts of rape and 18 counts of sexual assault. The offences were committed against the former partner's daughter and her older sister between 1992 and 1997 while the man was in a relationship with their mother. He first sexually assaulted the eldest sister in her bed when she was 12, then raped the younger sister eight times and sexually assaulted her 16 times from June 1993 to 1997 after moving into the family home. The assaults took place in the mother's bed, other downstairs rooms and the kitchen, sometimes with the brother asleep beside them. The victims learned of the abuse only in 2010, and a formal complaint was made in 2012. The man was sentenced to nine years' imprisonment. The article reports the trial, the victims' impact statements and the man's subsequent registration as a sex offender. No further legal outcomes are mentioned.

2015-07-27 · Galway

Remorseless abuser loses appeals against conviction and sentence

James Kelly, 59, from Cashel in Connemara, lost an appeal against his conviction and six‑year sentence for indecent assault on a boy aged six to ten between January 1976 and December 1979. He pleaded not guilty to 16 counts at Galway Circuit Criminal Court, but a jury found him guilty on all counts. Judge Rory McCabe imposed a net sentence of six years, with two years for each of the first 14 counts running concurrently and two years for the final two counts running consecutively. On appeal, Mr Justice John Edwards dismissed Kelly's challenge to the sentence, noting no remorse and that the trial judge had properly directed the jury. The appeal against conviction was also dismissed, with the court agreeing that the judge had not misdirected the jury. The case involved a progression from molestation to buggery, with the victim threatened by Kelly if he disclosed the abuse.

2015-07-27 · Ireland

18-year sentence for man who threatened to kill his partner's daughter if she told of sexual abuse

A 25‑year‑old Clare man was sentenced to 18 years' imprisonment, with five years suspended, for anal rape and sexual assault of his partner's nine‑year‑old daughter between 2009 and 2012. He pleaded guilty at the Central Criminal Court. The abuse, described by the judge as "almost beyond belief," began when the man moved in with the victim's mother and continued until the victim's aunt returned from overseas. The girl, now 12, was described as extremely traumatised, quiet, withdrawn and suffering from post‑traumatic stress disorder. She reported that the man forced her to perform sexual acts, threatened to kill her if she disclosed the abuse, and caused her to bleed. The judge added the man to the sex offender register for life. The case was heard with the parties' identities protected.

2015-07-27 · Tipperary

Tipperary man who preyed on his daughter for his own "sexual gratification" jailed for seven years

A 47‑year‑old Tipperary man was sentenced to seven years' imprisonment for raping and sexually assaulting his daughter between 2004 and 2008 when she was aged six to ten. He pleaded guilty to one count of rape, one count of oral rape and six counts of sexual assault. The judge described the acts as "vile and terrible" and noted the breach of trust and the victim's vulnerability. The sentence, back‑dated to 18 May 2015, combined a seven‑year term for the rape counts with a five‑year term for the assault counts, to run concurrently. The court took into account the child's age, the abuser's early guilty plea and his background. The victim, now 16, had previously expressed a desire for her father not to go to prison, despite acknowledging his wrongdoing. The case highlighted the profound impact on the victim and her family.

2015-07-24 · Dublin

77-year-old man jailed for sexual abuse of daughter and granddaughter

A 77‑year‑old Dublin man was sentenced to seven years' imprisonment after pleading guilty to six sample counts of indecent assault and sexual assault. The indictment covered 18 counts of abuse that occurred over a six‑year period in the 1970s and a four‑year period in the late 1990s. He had adopted his daughter, now 61, when she was four. She was abused between 1972 and 1978, when she was aged eight to 14, and described the abuse as a "living hell" that left her with nightmares and a failed marriage. His granddaughter, now 22, was abused between 1997 and 2001, when she was aged four to eight. She reported feeling intimidated and that the abuse ruined her family relationships. The man admitted the offences, was voluntarily reported to the Gardaí, and was found guilty. The judge noted the prolonged nature of the offending and the breach of trust with the victims when imposing the sentence.

2015-07-23 · Cork

Two men jailed for attempted rape of a woman in a van have conviction appeals dismissed

The Court of Criminal Appeal has dismissed the conviction appeals of two men, aged 22 and 24, who were previously jailed for the attempted rape of a woman in a van. The appellants, who were 16 and 18 at the time of the 2009 incident, had been found guilty by a Central Criminal Court jury in November 2012. The 22-year-old was convicted of attempted rape, sexual assault, and oral rape, while the 24-year-old was convicted of attempted rape and sexual assault. A third accused was acquitted on all counts. Mr Justice Paul Carney sentenced both men to ten years' imprisonment in January 2013. The 22-year-old also pleaded guilty to stealing the victim's car at the outset of the trial. In today's ruling, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, stated that the original trial was conducted in an "exemplary fashion" and that the convictions should stand. The court rejected the appellants' argument that the trial judge erred in law, rendering the convictions unsafe. The men are due to appeal their sentences at a later date.

2015-07-22 · Dublin

"Risk of sexual violence" in US prisons, High Court extradition hearing told

The High Court has adjourned the extradition hearing of Eric Eoin Marques, a 30-year-old Dublin man residing at Mountjoy Square, until October 6th. The United States seeks his surrender to face charges of conspiring to distribute and advertise child pornography, alleging he is the owner and administrator of the anonymous hosting site Freedom Hosting. The US authorities claim the charges relate to images on over 100 websites depicting the rape and torture of pre-pubescent children. Mr. Marques, who has been in custody since his arrest in August 2013, is simultaneously seeking a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. Counsel for Mr. Marques argued that extradition poses a significant risk to his health, citing his Asperger's syndrome and the potential for sexual violence and inadequate medical care in US prisons. Conversely, State counsel noted that Mr. Marques has sought no specific treatment for his condition since 2013 and has shown no mental health deterioration while in Irish custody. Ms Justice Aileen Donnelly remanded Mr. Marques in custody, with the hearing set to resume on October 6th.

2015-07-21 · Dublin

Trial of man charged with 50 counts of sexual abuse against two young girls listed for next year

A man aged 51 has been remanded on continuing bail ahead of trial on charges relating to the alleged sexual abuse of two young girls. Dublin Circuit Criminal Court heard he faces 50 counts in total, comprising 40 counts of child exploitation, three of sexual assault, and seven of defilement of a child under 17. The alleged offences are said to have occurred between 2007 and 2011 at locations in Dublin and Donegal. Judge Martin Nolan scheduled the trial to commence on 25 May 2016, with proceedings expected to last approximately two weeks. The accused was sent forward from the District Court previously.

2015-07-17 · Wexford

Man who pretended to be journalist to extort money from elderly sex offender avoids jail

John Murphy, 31, of New Ross, Wexford, was sentenced at Dublin Circuit Criminal Court for theft committed at an address in Foxrock, Dublin, on October 28, 2014. Murphy pleaded guilty to the charge. The court heard that Murphy, posing as a journalist, extorted €1,000 from 82-year-old Patrick Brendan Tiernan by threatening to publish his image alongside sex offender Larry Murphy. Tiernan, who previously pleaded guilty to 14 charges of indecent assault and gross indecency involving nine victims, was targeted for his prior convictions. Judge Desmond Hogan described the act as a "particularly mean offence" and sentenced Murphy to three years in prison, suspended in full for four years. Murphy was ordered to pay €5,500 to the victim, keep the peace and be of good behaviour for four years, and comply with probation services for two years. The judge noted that Murphy acted as the frontman for a sophisticated operation involving surveillance. The matter was finalised with this suspended sentence and associated conditions.

2015-07-17 · Louth

Woman sentenced to life for murdering her partner

A 42‑year‑old woman from Louth, Paula Farrell, was sentenced to life imprisonment after a jury found her guilty of murdering her partner, Wayne McQuillan, 30, on 1 January 2014. The trial, held at the Central Criminal Court, lasted three hours and 27 minutes. Farrell pleaded not guilty but was found guilty by a jury of four men and seven women. The prosecution presented evidence that Farrell stabbed McQuillan four times with a large kitchen knife during an argument at her home in Rathmullen Park, Drogheda. Witnesses, including Garda Tomas Leonard and Deputy State Pathologist Michael Curtis, confirmed the stabbing and the fatal wound. Farrell's defence cited a history of sexual abuse and schizophrenia, but the jury accepted the prosecution's case and imposed a life sentence. The judge exempted the jury from service for ten years. The verdict was announced on 17 July 2015.

2015-07-16 · Roscommon

Father in Roscommon abuse case has suspended portion of his sentence doubled on appeal

A man from County Roscommon has had the suspended portion of his 14-year prison sentence doubled on appeal. The 57-year-old, who cannot be identified for legal reasons, was convicted in 2010 of 47 counts of rape and sexual assault against his son between 2001 and 2004. The Central Criminal Court imposed a sentence of 14 years with the final 18 months suspended. The Court of Appeal dismissed his conviction appeal but found, when comparing sentences in cases of similar gravity, that a greater proportion should have been suspended. The three-judge court increased the suspended period from 18 months to three years, resulting in a net custodial term of 11 years. Mr Justice Alan Mahon, delivering the judgment, noted that comparable cases attracted net sentences of between 10 and 11 years. The court found the appellant's conviction sound despite challenges to witness immunity granted to his wife and son during trial proceedings. The unnamed 57-year-old pleaded not guilty.

2015-07-15 · Dublin

Rapist and child abductor loses High Court case against State over recording of solicitors' calls in prison

Michael Murray, aged 43, was convicted in 2013 of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft, and sentenced to 15 years in prison. In 2015 he brought a High Court action against the Irish Prison Service and the Minister for Justice, claiming that his solicitors' phone calls had been recorded in prison. The court found that in May and July 2013 some of Murray's calls were indeed recorded, including those to his solicitors, due to an anomaly in the phone system. The recordings were made inadvertently and were not accessed by prison staff or the Gardaí. The judge ruled the recordings were inappropriate but did not amount to a prejudice of Murray's rights, dismissed the application, and awarded costs against him. The case was heard in the Central Criminal Court, and Murray's conviction remains pending appeal.

2015-07-15 · Dublin

Trial of man charged with 50 counts of sexual offences against two young girls further adjourned

A man aged 51, who cannot be named for legal reasons, faced Dublin Circuit Criminal Court on a trial date that could not proceed. He is charged with 50 counts of sexual offences alleged to have occurred between 2007 and 2011 at locations in Dublin and Donegal. The charges comprise 40 counts of child exploitation, three of sexual assault, and seven of defilement of a child under 17. The trial was expected to last approximately two weeks. Judge Desmond Hogan adjourned the case due to lack of judicial availability, remanding the accused on continuing bail. The matter was listed before Judge Martin Nolan for Tuesday, 21 July, when a new trial date will be set.

2015-07-13 · Waterford

Fisherman jailed for indecent assault has jail term cut by one year on appeal

In 2014, a 79‑year‑old Waterford fisherman was convicted of 16 counts of indecent assault against a girl in 1982‑83. He was acquitted on eight counts and found guilty on the remaining eight, receiving an eight‑year prison sentence with a two‑year suspended portion. In 2015, the Court of Appeal increased the suspended portion by one year, citing the defendant's age and serious health issues, including prostate cancer, asthma, multiple system disease, and prior bypass surgery. The final sentence now requires the fisherman to serve eight years in prison, with the last three years suspended. He must also post a €100 bond to maintain good behaviour during the suspended period. The appeal did not alter the original conviction or the nature of the offences, merely adjusting the custodial term to reflect the defendant's circumstances. The unnamed 79-year-old pleaded not guilty.

2015-07-13 · Dublin

Laois father of seven is jailed for six years for sexual abuse and rape of his daughter

In July 2015, a Laois father of seven was sentenced to six years' imprisonment for raping and sexually abusing his daughter over a 30‑year period. The defendant pleaded guilty to two counts of rape and two counts of indecent assault committed between July 1981 and July 1987, when the victim was aged nine to 15. Judge Margaret Heneghan imposed a nine‑year sentence, suspended the final three years, and ordered the defendant's addition to the register of sex offenders. The victim, now 43, first reported the abuse to Gardaí in May 2013, after confronting her father months earlier. She described repeated molestation, forced sexual acts, and threats of violence, and stated that the abuse had profoundly damaged her life. The defendant showed remorse and accepted early guilty plea, which the judge considered in sentencing. The case was prosecuted by Will Fennelly BL.

2015-07-13 · Dublin

Trial of man charged with 50 counts of sexual offences against two girls adjourned until Wednesday

A trial involving charges of 50 sexual offences against two young girls has been adjourned until Wednesday at Dublin Circuit Criminal Court. The 51-year-old defendant, whose identity is protected by court order, was forwarded for trial from the District Court in relation to allegations dating between 2007 and 2011 at locations in Dublin and Donegal. The charges comprise 40 counts of child exploitation, including the production of child pornography, three counts of sexual assault, and seven counts of defilement of a child under 17 years of age. Defence counsel indicated the trial would likely require two weeks. The court heard the trial was not ready to proceed immediately. Judge Desmond Hogan remanded the accused on continuing bail pending the adjournment to Wednesday.

2015-07-10 · Louth

Expert tells murder trial that accused's mental disorder diminished her responsibility

In a 2015 murder trial at the Central Criminal Court, 42‑year‑old Paula Farrell of Rathmullen Park, Drogheda, was charged with stabbing her partner Wayne McQuillan, 30, to death on 1 January 2014. She pleaded not guilty. The defence presented forensic psychiatrist Dr Brenda Wright, who had met Farrell twice in June 2015. Dr Wright testified that Farrell had suffered sexual abuse from age seven, did not disclose it until fourteen, and began drinking at fourteen to cope. She described Farrell as displaying post‑traumatic stress disorder (PTSD) symptoms, including distress and avoidance when exposed to reminders of abuse. Dr Wright concluded that Farrell's PTSD impaired her self‑control and substantially diminished her responsibility for the stabbing, though she was fit to stand trial. The prosecution cross‑examined her on the lack of post‑mortem statements and the link between PTSD and violence. The trial proceeded under Mr Justice Patrick McCarthy.

2015-07-10 · Dublin

Dublin man who shot his uncle in Finglas guilty of murder

David Cully, 24, was found guilty of murder after shooting his uncle, Edward O'Connor, to death in Finglas. The Central Criminal Court heard that O'Connor died from two gunshot wounds to the back. Cully had previously pleaded not guilty to murdering his uncle but guilty to manslaughter in a separate case. He claimed he shot O'Connor in the heat of the moment after O'Connor made a comment about a person who had alleged sexual abuse against him. The allegation was investigated but not prosecuted. Cully had brought a gun to an organised fight between two other men and shot his uncle after the fight. The jury, after more than eight hours of deliberation over three days, returned a unanimous verdict of guilty of murder. Mr Justice Carroll Moran thanked the jury and excused them for five years. Cully was remanded in custody for sentencing on 29 July, when the mandatory life sentence for murder will be imposed.

2015-07-10 · Dublin

Jury continues deliberations in trial of man who admits shooting uncle but denies murder

The jury is still deliberating on the case of David Cully, a 41‑year‑old from Finglas West, who shot his uncle, Edward O'Connor, to death. Cully admits the killing but denies murder, pleading not guilty to that charge while accepting a manslaughter conviction from December 2013. He says he fired in the heat of the moment after O'Connor mentioned an allegation of sexual abuse. The jury has spent over five hours on the verdict and will resume after lunch.

2015-07-07 · Dublin

Closing speeches in trial of man accused of murdering his uncle

In the Central Criminal Court trial of David Cully, a 41‑year‑old from Finglas West, the defence argued for a manslaughter verdict on the basis of provocation. Cully had admitted killing his uncle, Edward O'Connor, who died from two gun‑shot wounds to the back. He claimed he shot O'Connor in the heat of the moment after O'Connor made a comment about a person who had alleged sexual abuse against him. The prosecution maintained that the killing was pre‑planned, citing evidence that Cully had threatened O'Connor a week earlier and had organised a 'straightener' that day. Cully pleaded not guilty to murder but guilty to manslaughter. The jury, composed of seven women and five men, was instructed by Mr Justice Carroll Moran to deliberate on the case the following day. The trial focused on whether Cully's actions were a result of provocation or pre‑meditated aggression.

2015-07-06 · Dublin

Man who raped and sexually assaulted his girlfriend in her sleep to be sentenced next week

In July 2015, a 25‑year‑old Norwegian man was set to be sentenced at the Central Criminal Court for raping and sexually assaulting a 28‑year‑old Irish woman while she slept between 2011 and 2012. The couple met in a Dublin bar in 2011, moved in together in December, and the victim reported that the man had repeatedly raped her in her sleep, often while she was under medication. She discovered the abuse when she woke up wet and later found him masturbating beside her. Emails from the relationship, in which he admitted to up to ten rapes and multiple assaults per week, formed the basis of a Garda investigation. The victim's impact statement described severe psychological harm, loss of employment, and attempts at suicide. The defendant pleaded guilty and was remanded in custody for sentencing on 13 July 2015.

2015-07-06 · Tipperary

Tipperary man jailed for 12 years for sexual abuse of his sister and niece

A 53‑year‑old Tipperary man was sentenced to 12 years' imprisonment for sexually abusing his younger sister in the 1970s and his niece between 2005 and 2007. He pleaded guilty to one count of rape and six counts of sexual assault of his sister, and to five counts of child defilement, one count of oral rape and three counts of sexual assault of his niece. Mr Justice Patrick McCarthy imposed consecutive seven‑year terms for the offences against each victim, suspended the final two years, and ordered the man to serve the remaining ten years in custody. The court heard that the man's sister suffered psychological problems and trust issues, while his niece reported severe anxiety, a near‑suicidal episode and ongoing trust difficulties. The judge noted the man's acceptance of wrongdoing but limited insight into his motivations. The sentence was intended to encourage rehabilitation.

2015-07-06 · Ireland

Man sentenced to 12 years for violent sexual attack on intellectually disabled woman in her home

A 29‑year‑old fisherman was sentenced to 12 years' imprisonment for aggravated sexual assault of a 58‑year‑old intellectually disabled woman in Kerry on 29 July 2011. He forced entry to her home, grabbed her throat, punched her, banged her head against a door and radiator, and pushed her into her bedroom. During the assault he called her a "bitch" and a "cunt" and burned her face with a cigarette. The victim suffered bruising, abrasions, carpet burns and a loss of independence, as reported in a victim impact statement. The judge, Mr Justice Tony Hunt, suspended the last four years of the sentence on strict conditions, including two years of probation and a 12‑year restriction from the victim. The court noted the victim's severe physical and psychological injuries and the impact on her family. The defendant pleaded guilty and has shown remorse and a desire for rehabilitation. The case was heard at the Central Criminal Court.

2015-07-03 · Dublin

Extradition hearing for alleged "largest facilitator of child porn in the world" to resume in three weeks

High Court proceedings concerning Eric Eoin Marques, an Irishman alleged by the FBI to be the 'largest facilitator of child porn in the world,' will resume in three weeks. Marques, a 30-year-old resident of Mountjoy Square in central Dublin, is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting. US authorities seek his surrender to face charges relating to conspiring to distribute and advertise child pornography, as well as advertising and distributing such material. The allegations concern images on over a hundred anonymous websites described as extremely violent, graphic, and depicting the rape and torture of pre-pubescent children. The State is seeking to surrender him to US authorities, while Marques is seeking a judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. The matter came before Ms Justice Aileen Donnelly for the purpose of fixing a date for the resumed hearing. Ms Justice Donnelly remanded Mr Marques in custody until July 21 next. He has been in custody since his arrest in August 2013, after being refused bail over concerns he represented a flight risk and that he may abscond or interfere with evidence in the case.

2015-07-02 · Dublin

Deceased told his brother that murder accused had threatened him with gun, trial hears

In the Central Criminal Court, Patrick O'Connor, the brother of the deceased, testified that a week before the murder, David Cully had threatened him with a gun. O'Connor said the deceased had called him from a pub on 8 December 2013, claiming Cully was walking around with a gun. O'Connor offered to bring the deceased to his house, where Cully allegedly told his nephew he intended to shoot him. O'Connor described feeling frightened and worried. The trial, presided over by Mr Justice Carroll Moran, continues with a jury of seven women and five men. Cully, 24, has pleaded not guilty to murder but guilty to manslaughter for killing 41‑year‑old Edward O'Connor in his back on 15 December 2013. The DPP had decided not to prosecute the earlier allegation of sexual abuse. The case remains in court.

2015-07-01 · Dublin

Murder trial jury shown video of accused crying during garda interview

In the murder trial of David Cully, a 24‑year‑old from Finglas West, the jury was shown a video of his first Garda interview in which he cried while explaining the shooting of his uncle, Edward O'Connor, who was 41. Cully admitted that he shot O'Connor in the back during a confrontation that escalated after O'Connor made a comment about a person who had alleged sexual abuse against him. The DPP had decided not to prosecute the allegation. Cully has pleaded not guilty to murder but guilty to manslaughter for the killing. He apologized to O'Connor's family and to the Gardaí in tears. The trial, presided over by Mr Justice Carroll Moran, continues before a jury of seven women and five men. The court heard that the alleged abuse was investigated but not prosecuted. The case is being heard at the Central Criminal Court. The video was shown to the jury this morning. The trial continues this afternoon.

2015-06-29 · Dublin

Rape accused has bail conditions changed over time it takes to get to open garda station

A Laois resident, whose identity is protected, faces trial in June 2016 for two counts of rape committed in Dublin on 9 February. He has been granted bail with conditions requiring him to sign on at Portlaoise Garda Station three times a week. His lawyers argued that the nearest 24‑hour station was over an hour away by public transport, making the requirement impractical. They noted that other stations closer to his home were only open part‑time and that the only other 24‑hour station, in Portarlington, was even farther. The accused, a married man with an Irish wife, claimed he would not leave the area and requested removal of the sign‑on conditions. Justice Carroll Moran agreed to modify the bail, allowing the accused to sign on twice a week at Kevin Street Garda Station in Dublin, where he regularly travels for work.

2015-06-29 · Dublin

Father-of-seven to be sentenced for sexual abuse and rape of his young daughter

A Laois father of seven pleaded guilty to two counts of rape and two counts of indecent assault against his daughter between 1981 and 1987, when she was aged nine to 15. He was arrested in 2014 and admitted to sexually abusing and raping her, describing the acts as "making love" to a child who could not consent. The victim, now 43, first reported the abuse to Gardaí in 2013 and later filed a victim impact statement detailing the psychological harm, including suicidal thoughts and lifelong trauma. The court remanded him in custody and adjourned sentencing to 13 July. He was registered as a sex offender upon pleading guilty. The case highlights the prolonged abuse and the victim's enduring suffering, with no prior convictions for the defendant.

2015-06-23 · Ireland

Murder trial witness agrees he is facing firearms charge

The murder trial of David Cully, 24, continued at the Central Criminal Court before Mr Justice Carroll Moran and a jury. Cully, of Kilshane Road, Finglas West, is charged with murdering his uncle, Edward O'Connor, 41, by shooting him twice at Ballycoolin Road, Finglas West, on December 15, 2013. He has pleaded not guilty to the murder charge, although he admitted manslaughter to gardai, claiming he 'lost it' after a comment regarding a sexual abuse allegation against the deceased. During cross-examination on the fifth day of the trial, witness Darren O'Connor, 24, testified that he saw his cousin shoot their father in the back following an arranged fist fight at the family's grandparents' property. Mr O'Connor denied that there was a 'history of firearms' in the family and stated he was unaware of previous weapons found near their home or in Dunsink. However, he agreed that he is allegedly facing a charge of being in possession of a firearm in the course of a robbery in July 2013. The trial continues this afternoon.

2015-06-19 · Ireland

High Court clarifies law on convicted persons seeking access to forensic material gathered during investigation

In a significant judgment delivered on Friday, Mr Justice Paul McDermott ruled that John Gerard McDonagh, convicted in 2001 of the murder and rape of Siobhán Hynes, is not entitled to High Court orders seeking access to forensic evidence. The court dismissed McDonagh's judicial review proceedings against the Garda Commissioner and the Attorney General, holding that the High Court lacks jurisdiction to grant such orders. However, the judge clarified that the Court of Appeal possesses ample jurisdiction under Section 2 of the 1993 Criminal Procedure Act to determine applications for access to forensic material, such as clothing, fibres, and nail clippings, for new DNA testing. McDonagh, who pleaded not guilty and maintains his innocence, was sentenced to life imprisonment for murder and ten years for rape. The judge stated that while there is no absolute obligation on the Garda Commissioner to facilitate re-investigation, the Commissioner must provide adequate reasons for any refusal. The judgment affirmed that if new evidence establishes innocence, the conviction should be quashed, but such applications must be directed to the Court of Appeal rather than the High Court.

2015-06-19 · Limerick

Munster man jailed for sexually abusing his nieces, daughter and son moves to appeal conviction

A 52‑year‑old Munster man was convicted and sentenced to ten years' imprisonment for sexually abusing his nieces, in‑law, daughter and son over a 24‑year period. He pleaded not guilty to ten counts of indecent assault on his nieces in‑law between 1988 and 1992 and to three counts of sexual assault on his daughter and son in 2001, 2002 and 2011. The jury found him guilty and the judge, Mr Justice Carroll Moran, imposed a ten‑year term with the final two years suspended. The defendant's counsel, Patrick McGrath SC, has now applied to appeal, arguing that the judge erred by not severing the indictment and by failing to summarise the defence's case. The Director of Public Prosecutions, Anne Marie Lawlor BL, countered that the judge acted appropriately given the nature of each complaint. The appeal will be considered by the court as soon as possible.

2015-06-19 · Dublin

Trial of Dublin man accused of murdering his uncle to resume on Monday

The trial of David Cully, 24, will resume on Monday after a break. Cully is charged with murdering his uncle, Edward O'Connor, 41, by shooting him twice in the back on 15 December 2013. He admitted killing O'Connor, saying he 'lost it' after O'Connor made a remark about a person who had alleged sexual abuse against him. Cully pleaded not guilty to murder and his guilty plea to manslaughter was rejected by the State. The case is being heard at the Central Criminal Court. In the opening, the State's counsel, Pauline Walley SC, argued that Cully had no intention to kill or seriously injure O'Connor and that the prosecution must prove intent and lack of provocation. She noted family tension after the abuse allegation and a fight the night before the killing, during which Cully brought a gun. The trial is expected to last three weeks before Mr Justice Carroll Moran.

2015-06-18 · Dublin

Extra four years in jail for man who sexually abused six of his former partner's daughters after successful DPP appeal

A 54‑year‑old Dublin man, who pleaded not guilty to 60 counts of sexual assault against six daughters of a former partner, was found guilty on all counts and originally sentenced to seven years, two of which were suspended. After a failed appeal, the Director of Public Prosecutions successfully sought a review on the grounds that the sentence was unduly lenient. The Court of Appeal imposed a new sentence of nine years imprisonment, removing the suspended portion because the defendant is unwilling to participate in a sex offenders programme. The court noted that the abuse, which occurred over many years and involved repeated sexual contact and forced viewing of pornography, was a severe breach of trust. The new nine‑year term is the final imposed sentence, with no suspended part. The case remains at the appellate stage.