Seven men from Dublin were acquitted of IRA membership by the Special Criminal Court on 30 June 2015. The court, presided over by Mr Justice Tony Hunt, found that the Department of Public Prosecutions would not present further evidence after a ruling last week that the arrests of six of the men were unlawful. The men—Brian Nick Mc Bennett (54), Peter Burns (39), Kevin Braney (39), Michael Barr (33), John Brock (41), Declan Phelan (31) and Desmond Christie (49)—had pleaded not guilty to membership of an unlawful organisation styled the Irish Republican Army. The court had earlier ruled that the arrests at a house in Tallaght lacked the necessary objective justification under the Section 30 Offences Against the State Act. The acquittal followed the prosecution's decision not to pursue the case further. The case had involved a search of a house in Glenshane Crescent, Tallaght, where police found packages allegedly containing communications from prisoners in Portlaoise Prison.
In 2015 the Supreme Court dismissed appeals by jockey Eddie O'Connell and trainer Jim Lambe, who had challenged a High Court finding that they were not entitled to contest the Turf Club's authority to enforce racing rules. The Court also rejected the Turf Club's cross‑appeal that it was not subject to judicial review. The dispute stemmed from the Turf Club's investigation into alleged irregular betting on the horse Yachvili in a 2011 Downpatrick race. O'Connell was found to have breached racing rules, while Lambe was acquitted. The appellants sought declarations that the Turf Club's rules and the 1994 Act were unconstitutional, but the Court held the Act merely supported the Club's pre‑existing jurisdiction. The Supreme Court's unanimous decision affirmed the Turf Club's legal power to make and enforce rules, and dismissed all claims on their merits. The ruling confirmed that the Club's decisions are subject to judicial review under the 1994 Act.
A 50‑year‑old Dublin man was found not guilty by reason of insanity for harassing six people, including five relatives, between 2012 and 2014. He pleaded not guilty under the Criminal Law (Insanity) Act 2006, and both prosecution and defence agreed he was mentally ill. The jury deliberated about ten minutes and returned a special verdict of not guilty by reason of insanity on all counts. Judge Sarah Berkeley adjourned the case to allow an assessment at St Vincent's Hospital, released the man on bail, and ordered him to take an oath not to contact the victims, attend the hospital, and cooperate with a forensic psychiatrist. The psychiatrist diagnosed a delusional disorder related to schizophrenia, confirming the man's lack of mental responsibility. The case was set to continue with further treatment and monitoring.
A 50‑year‑old man stands trial in Dublin Circuit Criminal Court for harassing six people, including five relatives, between 2012 and 2014. He has pleaded not guilty by reason of insanity under the Criminal Law (Insanity) Act 2006, a law that allows a jury to return a special verdict if the accused was not mentally responsible at the time. Both prosecution and defence argue that the man was mentally ill during the incidents. The prosecution, led by Fergal Foley BL, described a "virtual campaign of harassment" involving numerous phone threats, including 530 calls to a Garda officer and accusations of persecution by Barack Obama. Defence counsel Feargal Kavanagh SC said the man was influenced by media and believed the recipients were corrupt or criminal. The trial, to be heard by Judge Sarah Berkeley, will conclude after the jury considers evidence from a consultant psychiatrist. The case remains at the trial stage.
In a 2015 court hearing, former Anglo Irish Bank executive William McAteer, aged 63, was granted legal aid for two upcoming criminal trials. The court noted that an enlarged jury panel would be required for the trial involving McAteer and three co‑accused: John Bowe (50), former head of capital markets at Anglo Irish Bank; Denis Casey (54), former chief executive of Irish Life and Permanent; and Peter Fitzpatrick (61), former director of finance at IL&P. The co‑accused are charged with conspiring to mislead investors by transferring €7.2 billion to inflate the bank's value between March and September 2008. McAteer and Bowe also face separate charges of falsifying accounts under the Theft and Fraud Act. McAteer is also set to stand trial in January 2017 for fraudulently obtaining a loan from Anglo Irish Bank to repay a personal loan with Bank of Ireland in September 2008. William McAteer was convicted.
Gail O'Rorke was found not guilty at the conclusion of an eight-day trial, where she faced a charge of attempting to assist the suicide of her friend, Bernadette Forde, by travelling to a euthanasia clinic in Switzerland. The finding of not guilty was delivered after a jury deliberation. Following the verdict, O'Rorke released a statement welcoming the result and thanking her legal team, the judge, jury, and gardaí for their support during the proceedings. Right-to-die campaigner Tom Curran, who was present throughout the trial, commented that the prosecution should never have taken place, citing the Supreme Court's 2013 ruling in the case of his late partner, Marie Fleming. Fleming had challenged the ban on assisted suicide, and the Supreme Court found against her but noted that the Director of Public Prosecutions may use discretion in such cases. Curran expressed shock that charges were brought against O'Rorke after this ruling, arguing that the law is flawed given public opinion. He described the day as a celebration for O'Rorke, who he said was relieved and emotional. Curran, an Irish representative for Exit International, stated that Forde had a peaceful death and that the matter should now be left behind to prevent similar trials.
A 57-year-old man from Bailieborough in Cavan has been found not guilty of murder but guilty of manslaughter following a trial at the Central Criminal Court. Oliver Kierans was charged with the death of his wife, Patricia Kierans, at their family home on September 5th, 2013. The jury returned majority verdicts finding him guilty of manslaughter by ten to two, and guilty of unlawful possession of a shotgun and possession with intent to endanger life. Evidence presented during the two-and-a-half week trial indicated that Patricia Kierans had separated from the accused and begun a new relationship. The court heard that on the date in question, Patricia Kierans sustained a fatal shotgun wound to the chest at close range. State Pathologist Professor Marie Cassidy confirmed the cause of death was a shotgun injury. Kierans was remanded in custody for sentencing on March 26th. Oliver Kierans was found guilty.
Oliver Kierans, aged 57, from Drumbannon in Bailieborough, County Cavan, stands trial at the Central Criminal Court on a charge of murdering his wife Patricia Kierans on 5 September 2013 at their home address. He has pleaded not guilty to the murder charge and to possession of a shotgun with intent to endanger life. The jury found him guilty yesterday of unlawful possession of a 12-gauge double-barrel shotgun. Justice Aileen Donnelly directed the jury of five women and seven men to consider majority verdicts on the remaining charges of murder and possession of the firearm with intent to endanger life. Deliberations were adjourned this evening and will resume tomorrow.
The Garda Commissioner and the State have asked the High Court to dismiss a claim of malicious prosecution brought by Dublin man James Walsh. Walsh alleges that he was the victim of a malicious prosecution arising from his 2007 trial for allegedly threatening to kill and to cause serious harm to journalist Paul Williams. He was acquitted by a jury in 2007. Walsh has sued the Garda Commissioner, Ireland and the Attorney General. The State and Garda argue that Walsh's civil action has suffered from inordinate delay and want of prosecution, and that he failed to advance his case expediently. They note that Walsh's statement of claim was served in October 2009, two years after his acquittal, and that he had not attended court on two occasions, resulting in his notice of trial being struck out.
In a Central Criminal Court hearing, Lateef Bello, a 42‑year‑old man from Clonee who was originally from the Ivory Coast, was found not guilty by reason of insanity for attempting to murder Adejoke Opesusi. Bello, who had lived in Ireland for nine years, claimed he believed his wife was having an affair and that Opesusi had convinced her to do so. On 19 February 2012, after returning from work as a taxi driver, Bello entered Opesusi's home at 4.30 am, stabbed her repeatedly with two knives and tried to choke her. He fled through a first‑floor bedroom window but was soon apprehended by Gardaí. Prior to the incident, he had threatened his wife Elizabeth that he would stab himself. After a two‑month stay at the Central Mental Hospital in Dundrum, he was diagnosed with paranoid schizophrenia.
Emma Cowley, a 23‑year‑old Montessori worker from Swords, pleaded guilty to assaulting Garda Miriam O'Donovan on 16 August at Swords Garda Station. Cowley was intoxicated, used threatening and abusive language, and struck the Garda on the right side of her face with an elbow, causing a sore jaw. She called the Garda a "dirty lesbian slag" and told her to "go f**k yourself." The incident was reported by a taxi driver who had seen Cowley asleep in the back seat. Cowley appeared late for her hearing at Swords District Court, where Judge Dermot Dempsey postponed the case to Balbriggan District Court. After Cowley paid €500 to the Garda Benevolent Fund, the judge struck the case out, warning her to behave better in the future. The case was dismissed without further proceedings. Emma Cowley had the case struck out.
Sean FitzPatrick, former chairman of Anglo Irish Bank, has filed a High Court challenge to a Circuit Court ruling that denied him the legal costs of defending himself in a 48‑day trial on charges of giving illegal loans. FitzPatrick, 66, was acquitted of 16 counts of providing illegal loans to the Quinn family and the Maple 10 group of investors. In June, Circuit Court Judge Martin Nolan rejected FitzPatrick's application for costs, citing the State's opposition on the grounds that the prosecution was in the public interest. FitzPatrick's lawyers argue the judge applied the wrong legal test, failed to use the acquittal as the starting point for a costs application, and that the decision violates case law and constitutional rights. They seek to quash the ruling, obtain payment of costs, and declare Section 24 of the 2006 Criminal Justice Act unconstitutional. The case is set for a November hearing.
Caroline Roche, 52, of Ballyedmond Monamolin, was found not guilty by reason of insanity for the murder of her partner Walter Plunkett, 84, on 20 June. A report read to the court on 30 June detailed her treatment at the Central Medical Hospital in Dundrum. Dr Paul O'Connell, a forensic psychiatrist, noted that trial‑related stress had caused short‑term destabilisation but that her mental state had improved and she remains psychotic. Mr Justice Barry White ordered her commitment to the hospital.
A 17‑year‑old Dublin youth was found guilty of murdering German student Thomas Heinrich and assault causing harm to Robert Rinker. The jury, after almost eight hours of deliberation over three days, returned a unanimous verdict on the murder charge and a majority verdict on the assault charge. The case involved a night out on St Anthony's Road in Rialto, where the accused were allegedly looking for a fight and were prosecuted on the basis of joint enterprise. The 17‑year‑old claimed he was attacked by a beer can and that he acted in self‑defence, but the court heard that he had a knife and that Rinker and Heinrich had brought knives to the scene. Rinker survived with stab wounds to his chest and abdomen, while Heinrich died from a fatal abdominal wound. The jury has not yet decided on the murder charge against Wesley Kelly, who was found guilty of assault causing harm to Rinker.
In May 2012 a 16‑year‑old boy was arrested in Cork City and pepper‑sprayed by Garda Brendan Dowling and Garda Fiona Sheehan. The teenager complained of assault, prompting the Garda Ombudsman Commission (GSOC) to investigate. GSOC's findings led the Director of Public Prosecutions to prosecute both officers. At Cork District Court, CCTV footage and the teen's testimony were presented; the prosecution withdrew, and the charges were struck out. Dowling was acquitted. After the acquittal, GSOC announced a fresh investigation into Dowling's conduct, alleging abuse of authority. Dowling sued in the High Court to stop this investigation, arguing it breached natural justice. Judge Gerard Hogan, with consent from both parties, quashed GSOC's decision to open a new inquiry and prohibited GSOC from investigating Dowling regarding the May 12, 2012 incident. The case concluded with no further action against Dowling. The unnamed teenager had the case dismissed.
Albin Morkowski, a 20‑year‑old Meath footballer, was found guilty of possession of ecstasy tablets at Swords District Court. He claimed the tablets were given to him by a man on a bus and that he thought they were Viagra. Morkowski admitted the explanation was ridiculous but showed the bag to friends who did not recognise the pills. Garda David Smith observed Morkowski discard a plastic bag containing ten ecstasy tablets worth €100 behind a concrete pillar on Thornleigh Avenue at midnight on 23 June 2013. Morkowski signed the garda's notebook admitting the drugs belonged to him and that he intended to give them to friends. The alleged supply charge was struck out. Judge Dermot Dempsey ordered Morkowski to pay €500 to court and complete 100 hours of voluntary work before reconsidering the case in June. The case was adjourned to 9 June.
A wanted human trafficker, Mihai Stancu (46), has been released by the High Court following his conviction by Romanian authorities while absent, which affected the warrant for his extradition. The surrender of Stancu, who resides at Summerhill, Dublin 1, has been sought by Romanian authorities since last year. A European Arrest Warrant was issued for his surrender for prosecution on the alleged offences of constituting an organised crime, human trafficking, and the illegal deprivation of liberty. Counsel for the Minister for Justice, Elva Duffy BL, informed the court that Stancu was accused of being involved in the trafficking of a person for the purposes of prostitution. She stated that it had been confirmed that Stancu was convicted in Romania of the offences contained in the prosecution warrant, and his proposed surrender was now a 'sentencing matter'. The court noted that the state had a difficulty with the warrant as it was currently formed and could no longer stand over detaining him. Mr Justice Patrick McCarthy stated that 'he should not be before the court at all on this warrant' which could no longer be relied upon. The question arose as to whether he should remain in custody. Stancu was remanded in custody in March of this year after gardaí objected to granting him bail on grounds that he posed a flight risk. The judge remanded Stancu on a bail bond of €100 and ordered that he sign on at Store Street garda station on Friday. Stancu has multiple previous convictions in Romania. He is due before the court again next Tuesday, April 8 2014, while lawyers for the state seek clarification from Romanian authorities on his proposed surrender.
The Central Criminal Court heard on 17 February 2014 that a jury of seven women and five men had been discharged after five hours of deliberation and could not reach a verdict in the murder trial of 21‑year‑old Michael Kinsella. Kinsella had pleaded not guilty to the killing of 31‑year‑old Adil Essalhi at Tyrrelstown on 6 January 2011. The State alleged that Kinsella and his uncle, Wayne Kinsella, carried out the murder because they believed Essalhi was involved in the killing of their relative Lee Kinsella. The court heard that Essalhi's body was found in a ditch behind Tyrrelstown Plaza, that an attempt had been made to burn the body, and that the post‑mortem examination revealed 58 injuries, 19 chop wounds to the skull and facial bones, and evidence of post‑mortem burning. Two weapons were said to have been used, a machete and a sharp instrument such as a knife. Michael Kinsella was convicted.
The Central Criminal Court heard the trial of 21‑year‑old Michael Kinsella, accused of murdering 31‑year‑old Adil Essalhi in Tyrrelstown, Dublin, on 6 January 2011. Kinsella pleaded not guilty. The jury has been deliberating for almost two hours and has paused for the weekend. The court noted that Kinsella's uncle, Wayne Kinsella, was convicted of the murder in 2012. Witnesses testified that Essalhi met Wayne and another woman in a Dublin pub, then returned to their Tyrrelstown apartment where a group drank. Essalhi's body was found in a ditch behind Tyrrelstown Plaza, with attempts to burn it. Judge Paul Carney highlighted that key witnesses were alleged liars, and the prosecution, led by Alex Owens SC, argued that a machete and another knife were used, describing the killing as a "Goodfellas‑style execution." The defense, represented by Patrick Marrinan SC, contested the evidence of two weapons and the alleged motive. The jury will resume deliberations on Monday.
The Central Criminal Court heard that 21‑year‑old Michael Kinsella of Swiftbrook Close, Tallaght, denied murdering 31‑year‑old Adil Essalhi at Tyrrelstown on 6 January 2011. Essalhi's body was found in a ditch behind Tyrrelstown Plaza, with attempts to burn it. Kinsella, who was arrested for the murder, said he had never met Essalhi and denied killing or burning him, claiming Essalhi was still alive when left in the living room. He also denied any connection to his uncle Wayne Kinsella, who was convicted of the murder in 2012. Garda interviews and cross‑examinations confirmed Kinsella's denials and that he voluntarily went to Blanchardstown Garda Station on 15 and 16 January 2011. A machete‑type weapon was found beside the body, but no knives were linked to the crime. The trial continues.
In a Central Criminal Court hearing, Michael Kinsella, aged 21, pleaded not guilty to the murder of Adil Essalhi, 31, in Tyrrelstown on 6 January 2011. The court heard that Kinsella's uncle, Wayne Kinsella, was convicted of the murder in 2012. Donna Mangan, who lived in Tallaght on 16 January 2011, testified that Kinsella visited her apartment with his girlfriend and, according to her, pointed to his chest and whispered, "It was me, I done it." She also claimed he later said, "You should check what we done to that Paki fella – we beat the lungs out of him." Mangan described feeling threatened by Wayne for money, but denied that she fabricated the confession. Another cousin, Jamie Lee Kinsella, recounted that Kinsella had smoked a joint with her and claimed he had killed the victim because he had murdered his uncle Lee Kinsella.
In the Central Criminal Court, a woman named Natasha Carey, who was eight months pregnant at the time, testified that she witnessed a 21‑year‑old Michael Kinsella with a weapon during a gathering at Martina Deegan's house in Tyrrelstown on the night of January 6, 2011. Carey described the evening as a party where the group drank and displayed photographs of Mr. Adil Essalhi's children. She claimed that Michael, along with Wayne Kinsella and Mr. Essalhi, left the apartment, and that she saw blood on Michael's weapon and on his own neck. Carey also admitted to lying in the Wayne Kinsella trial and to the Gardaí, stating she had altered her story because of personal trauma. The trial, which has already heard that Wayne Kinsella was convicted of murder, continues with these allegations in evidence. The court also heard from Pathologist Professor Marie Cassidy that Mr. Michael Kinsella pleaded not guilty.
During the trial of 21‑year‑old Michael Kinsella, accused of murdering 31‑year‑old Adil Essalhi in Tyrrelstown on 6 January 2011, Gemma Brady Deegan testified that she saw splashes of blood on Kinsella. She said she was staying at her mother's house when Kinsella's uncle Wayne Kinsella and Essalhi returned around 3 pm, drinking upstairs. Kinsella arrived with a woman, and the group stayed until after midnight, returning 45 minutes later. Brady Deegan claimed Wayne Kinsella was covered in blood in the kitchen and that Kinsella had blood on his clothes. She also described Wayne Kinsella's violent history, including a conviction for murder and an assault on a foreign lady. Brady Deegan confirmed that Kinsella had changed clothes and that a washing machine had been running minutes later. The trial continues. Michael Kinsella pleaded not guilty.
Michael Kiely, 43, of Abbeyvale, Corbally, Limerick, was acquitted by the Special Criminal Court of membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on January 6, 2013. The defendant had pleaded not guilty to the charge. Mr Justice Paul Butler stated that while the court was fully satisfied Kiely read an inflammatory statement containing threats to kill Irish members of the British Army, it had doubt regarding his membership status on the specific date. The statement, read at a graveside commemoration, declared that anyone donning a British Army uniform became a legitimate target. The prosecution relied on the belief evidence of Chief Superintendent Dave Sheehan and inferences drawn from Kiely's failure to answer certain interview questions under Section 2(1) of the Offences Against the State (Amendment) Act 1998. However, the judge noted that the belief evidence was based on privileged confidential information that the accused could not challenge, and thus required independent corroboration. The court found that Kiely's silence in interview did not amount to such corroboration, as he had denied membership and answered similar questions in other interviews. Although the judge found much of Kiely's account regarding his knowledge of the statement to be untrue, the lack of sufficient independent evidence to prove membership resulted in the acquittal.
In a burglary case, Raymond O'Hara, a resident of St Mary's Mansions in Dublin 1, was charged with breaking into the Portmarnock Hotel at Golf Links on 11 December 2012. He allegedly attempted to access the cash register and took several bottles of alcohol before leaving. The Director of Public Prosecutions directed a summary disposal of the case. Defence solicitor Patrick Jackson sought a hearing date and requested CCTV footage. Judge Dermot Dempsey remanded O'Hara on continuing bail to re‑appear before Swords District Court on 27 January for the case to be heard. Separately, Martin Maughan, 42, of St Margaret's Park in Ballymun, was convicted in his absence of driving without insurance and without a licence after he reversed into his driveway when Garda Keith Delaney saw him. Maughan, who has 97 previous convictions, had a bench warrant issued for his arrest for sentencing.
In a murder trial in the Central Criminal Court, a 32‑year‑old man named Niall Stapleton pleaded not guilty to the killing of his 51‑year‑old mother, Siobhan Stapleton, who died on 25 May 2012 from blunt force trauma to the head after being beaten with a garden fork handle. Stapleton, a college graduate with schizophrenia, claimed he believed his mother had been replaced by an impostor. Dr Stephen Monks, a forensic psychiatrist, testified for the defence, stating that Stapleton was suffering from a mental disorder at the time of the killing, had active symptoms of schizophrenia, and did not understand the nature or wrongness of his act. Monks argued that Stapleton met the criteria for a not‑guilty‑by‑reason‑of‑insanity verdict and recommended he remain at the Central Mental Hospital. The trial continues before Mr Justice Garret Sheehan. Niall Stapleton was found not guilty by reason of insanity.
Paul Murtagh, 29, of Clonshaugh Heights, appeared before Swords District Court on 13 November 2013 charged with driving without insurance. He was alleged to have been stopped twice this year: on 17 April on Malahide Road and on 2 September on Feltrim Road, both times for lacking insurance. Defence solicitor Patrick Jackson requested a hearing date for both matters. Judge Dermot Dempsey asked why Murtagh had not appeared earlier; Murtagh replied he was at his grandfather's funeral. The judge remanded him on a €200 bond and adjourned the case to 27 January. Murtagh had previously been convicted on Monday at Dublin District Court for possessing a stolen Marmoset monkey, caught in his car on 1 October 2013 after the animal was taken during a burglary in County Kildare. He avoided prison, receiving 80 hours of community service in lieu of four months.
The Special Criminal Court has found Vincent Ryan and Darragh Evans not guilty by direction of the court regarding the alleged possession of an AKM assault rifle and a Webley-make revolver MkV1. Both men, who had pleaded not guilty, were released from custody after the court ruled there was an insufficient evidential basis for a conviction. The charges related to an incident on September 15, 2011, at Clonshaugh Walk, Coolock, Dublin 17, following a firearm discharge in Clongriffin. While forensic evidence linked DNA profiles to the weapons, the court accepted defence arguments that the DNA could have been deposited via secondary or tertiary transfer and that the specific time and place of possession were not sufficiently proven. Justice Paul Butler directed the verdicts, noting that the evidence did not meet the threshold for a jury trial. In a separate finding, co-accused Alan Ryan was acquitted. The court commended the Garda investigation as thorough and professional, despite the outcome. The matter was concluded with the directed not guilty verdicts for Ryan and Evans and the acquittal of Alan Ryan.