Olga Leschen, aged 50, was found guilty in the Dublin Circuit Criminal Court of stealing over €10,000 in rental deposits from eight prospective lodgers between September and October 2015. She advertised her house on Daft.ie, collected deposits ranging from €200 to €2,600, and then prevented the lodgers from moving in, citing health issues and surgery. None of the deposits were returned. Leschen pleaded guilty at her first court appearance, expressed remorse, and had written apology letters to the victims. She had already paid one victim €200 and entered court with €5,000. Judge Terence O'Sullivan, noting no sophistication in the theft, ordered the €5,000 to be divided evenly among the victims and adjourned sentencing to 25 October 2018, giving Leschen a 12‑month period to repay the full amount. The case was heard in the Dublin Circuit Criminal Court.
Jackie Lavin's High Court action against her partner, Bill Cullen, and Glencullen Properties Ltd was adjourned to facilitate talks between the parties. The case, listed before Mr Justice Paul Gilligan on Wednesday, concerns an alleged failure to complete a €1m deal for the sale of Killegy House in Co Kerry to Ms Lavin. Ms Lavin, of Osberstown House, Naas, claims she agreed to advance €1m to reduce Glencullen's liabilities in exchange for the property, which she describes as her home. She seeks specific performance of the sale and an order prohibiting the defendants from selling the house to others. Glencullen Properties, in which Mr Cullen is the sole shareholder and a director, denies all claims. The company acknowledges the €1m advance but disputes that it was part of an agreement to sell Killegy House to Ms Lavin. The matter was adjourned and is due to be mentioned before the court on Thursday morning.
UK-based Ella McCarthy, a 12-year-old applicant, has launched High Court proceedings against An Coimisiun Le Rinci Gaelacha (CLRG) to challenge a six-month competition suspension. The suspension was imposed because Ella switched dancing teachers following her expulsion from a London school, triggering CLRG rules that require a six-month restyling period before a pupil can compete under a new registered teacher. McCarthy's counsel, Gerard Meehan BL, stated the action is a last resort after the CLRG refused an exemption application, arguing it is unfair to punish a child for an adult dispute. The applicant seeks an injunction to allow her to participate in the upcoming Irish Dancing World Championships qualifying round, which she claims she would otherwise miss, potentially affecting her ability to defend her previous world medal and her 2019 qualification status. The matter came before Mr Justice Paul Gilligan, who granted permission on an ex-parte basis to serve short notice of the proceedings on the CLRG. The case was adjourned and made returnable to Thursday's sitting of the High Court.
During the Charleton tribunal, a Tusla social worker, Lisa O'Loghlen, testified that the absence of documents from Sergeant Maurice McCabe's file appeared to be a cover‑up, though she could not identify who was responsible. The tribunal was examining claims that allegations of sexual abuse had been used to smear McCabe. O'Loghlen had reviewed the file in 2016 as part of a Sexual Abuse Review Team exercise. She noted that documents had been removed before she received the file, or that they had never been added. The tribunal chair, Justice Peter Charleton, questioned whether a cover‑up had occurred, to which O'Loghlen replied that it "looks that way" but she could not say who. She said she did not think An Garda Síochána was involved, but Tusla might have covered its own mistakes. O'Loghlen's report stated that fair procedures had not been followed and that McCabe's file was among the worst managed in the region.
In the final session of the Charleton tribunal, lawyers for Tusla and Garda officers argued that the case against whistle‑blower Garda Keith Harrison was founded on an untrue allegation. Paul Anthony McDermott SC, representing Tusla, claimed a February 2017 letter to Minister Katherine Zappone was intended to attack his clients' credibility, and that the central allegation that Tusla social workers were investigating Harrison's family under Garda pressure was unsupported. Mícheal P O'Higgins SC, for the Garda Commissioner, maintained that officers acted properly and there was no campaign against Harrison, noting that any domestic troubles were Harrison's own. Desmond Dockery SC praised the fairness of the Garda interview with Ms. Simms, while Mark Harty SC, on Harrison's behalf, requested a broader search of documents and questioned why alleged threats were not investigated sooner. The tribunal had examined 2,837 documents and concluded the evidence had been fully presented.
Friends of the Irish Environment CLG has filed a High Court challenge against the Government's National Mitigation Plan, arguing it is flawed and fails to meet the 2015 Climate Action and Low Carbon Development Act. The NGO contends the plan does not specify urgent measures to reduce greenhouse gas emissions, nor does it detail how emissions will be managed or removed to meet international and EU obligations, including the Paris Accord. The court action seeks to quash the government's approval of the plan and to have it remitted for revision in line with the Act's requirements. The group also requests declarations that the plan does not adequately account for the State's obligations under EU law and international agreements. Permission to proceed was granted ex parte by Mr Justice Seamus Noonan, with the case scheduled for a December hearing.
A high court challenge has been launched by local resident Brian Kingham and Blessington Sailing Club against Wicklow County Council's decision to allow a pedestrian and cycle track around Blessington Lakes. The challenge argues that the council's approval on 3 July 2017 breaches EU requirements for an Appropriate Assessment and fails to meet obligations under the 2000 Planning and Development Act and the EU Habitats Directive. The proposed track, made of crushed stone, would follow the lakeshore and include about 100 new culverts, 18 bridges over larger streams, fencing and minor landscaping. It would also upgrade existing tracks, involving excavation, geotextile membrane installation and a crushed limestone surface layer. The applicants, represented by Michael O'Donnell Bl, seek declarations that the council did not comply with the required assessments and that the development materially contravenes the Wicklow Development Plan. Permission to bring the challenge was granted ex‑parte by Mr Justice Seamus Noonan, who set a return date for December.
In a Dublin Circuit Criminal Court hearing, 20‑year‑old Nicolae Carmen pleaded guilty to stealing €10,000 worth of jewellery from an elderly couple in Artane on 2 October 2015. Carmen, who had previously been convicted five times for theft and fraud, posed as a Spanish charity collector. She knocked on the door of an 84‑year‑old man, received €5, and asked to use the bathroom. While the man waited, she went upstairs, returned, thanked him and left. The couple's wife later found the jewellery missing from a bedroom box. The stolen items included a diamond engagement ring, charm bracelet, gold chains, an eternity ring, earrings and cuff links. A palm print from the box matched Carmen. None of the items were recovered. The judge adjourned sentencing to December to consider the couple's household income.
The Charleton tribunal heard evidence on October 23rd regarding threats made against Garda Keith Harrison's life in October 2013. Chief Superintendent Terry McGinn of Donegal division outlined how two anonymous 999 calls on 4th and 5th October reported threats against Garda Harrison. The first call described an overheard conversation in a Strabane bar, and the second indicated the threat originated from a relation of Martin McDermott, who was imprisoned following a manslaughter conviction. McDermott was the brother of Garda Harrison's partner. The threats were assessed as substantial, leading to security measures and restrictions on Garda Harrison's movements. A mobile phone subsequently located in Portlaoise Prison resulted in McDermott's release date being postponed. The tribunal also examined contacts between gardaí and HSE/Tusla regarding Garda Harrison. Superintendent Eugene McGovern, stationed in Buncrana, confirmed attending meetings with Tusla management but stated that individual cases were not discussed at such forums. A referral concerning Garda Harrison's partner and her children resulted in no further action pending additional information.
A High Court challenge to Dublin City Council's plans to convert Aisling House, a former guest house at 19 and 20 St. Lawrence Road, Clontarf, into accommodation for homeless families, has been struck out. The application was brought by local resident and artist Aidan Hickey, who alleged that the development constituted unauthorised works on a protected structure without planning permission or public consultation. Mr. Hickey claimed that the Council's August 2 order under section 179 of the Planning and Development Act, which permitted repair and renewal works, was flawed and represented a retrospective attempt to cure proceedings threatened by residents. He sought to quash the Council's decision and obtain declarations that the development was null and void, unauthorised, and a material contravention of the Dublin City Development Plan. Additionally, he alleged the works amounted to unauthorised alterations to protected structures and that the Council failed to comply with building regulations. The matter was heard before Mr Justice Charles Meenan. Counsel for Mr. Hickey, Arthur Cush BL, indicated that the matter could be struck out. The judge agreed to strike out the application. The case subjects identified include Aisling House and the Development Act, both acting as applicants in the procedural context. No plea, finding, sentence, or custody conditions were recorded, as this was a civil judicial review matter resulting in the striking out of the challenge.
A 62‑year‑old man named Owen McKeever was found guilty of fraudulently claiming more than €40,000 of jobseekers allowance in the name of his brother Brendan between 2009 and 2013. The fraud was uncovered through facial imaging technology introduced by the Department of Social and Family Affairs in 2013, which matched a genuine photograph of McKeever with one purporting to be his brother. McKeever had also been making a legitimate claim in his own name at the time. He pleaded guilty to 50 counts of social welfare fraud, with a total loss to the exchequer of €41,871. McKeever admitted the fraud immediately after being interviewed by Garda Ian Abbey and said, "I put my hands up." He has begun repaying €50 per week and the court has adjourned sentencing to 28 January to allow further repayment.
In the High Court, Mr Justice Max Barrett reserved judgment in separate proceedings challenging Fingal County Council's decision to extend planning permission for a new €320 million, 3,110-metre runway at Dublin Airport. The applicants include the environmental group Friends of the Irish Environment and 22 individual residents, most of whom reside on Kilreesk Lane in St Margaret's, Co Dublin. A third related action was brought by the St Margaret's Concerned Residents Group against the Dublin Airport Authority (DAA). The DAA and Ryanair are notice parties in the proceedings, while the respondents and notice parties have opposed the actions. The challenges target the council's decision to extend the DAA's planning permission to construct the second runway, which is located on townlands north and north-west of the airport terminal. Following the conclusion of submissions on Wednesday, the judge stated he would deliver his decision "as soon as possible," acknowledging the parties' anxiety for a resolution. He noted the significant volume of submissions and documents in the three cases, which commenced on October 3rd. The court has previously reserved its decision in the third challenge brought by the St Margaret's Concerned Residents Group. The matter remains pending, with the judge indicating that his review of the extensive legal submissions would now begin.
The High Court heard submissions in three separate challenges to Fingal County Council's decision to extend planning permission for a second runway at Dublin Airport. In the first action, Friends of the Irish Environment claims the extension violates the Habitats Directive and the 2000 Planning and Development Act, and asserts a constitutional right to an environment. State counsel Ciaran Toland SC argued that no such unenumerated right exists in the Irish Constitution, describing the group's reliance on international consensus as speculative. The second challenge, brought by 22 residents from St Margaret's, Co Dublin, alleges the development is illegal because the Council failed to address local concerns or conduct a required Environmental Impact Assessment. The third action, brought by the St Margaret's Concerned Residents Group, claims pre-construction works by the Dublin Airport Authority in December 2016 constituted unauthorised development, a claim the DAA denies. The court has reserved its decision in the third case. The hearing of the first two actions before Mr Justice Max Barrett continues. The DAA, a notice party, intends to build a €320m runway as part of its hub plans, while Ryanair is also a notice party. Respondents oppose all actions.
In a Dublin Circuit Criminal Court hearing, Declan Henry, a 37‑year‑old father of six, pleaded guilty to possession of cannabis for sale or supply after a search of his Brookview Close home uncovered bags worth €39,900. Henry, who had no prior convictions, explained to the Gardaí that he had borrowed money at Christmas and was unable to repay the loan, so he held the drugs to settle the debt. He denied profiting from the cannabis and did not name anyone else involved. The prosecution, represented by Garret Baker BL, noted the Gardaí's search was based on information that cannabis was present. The defence, led by Sandra Frayne BL, highlighted Henry's family responsibilities and a "very difficult background." Judge Karen O'Connor adjourned sentencing to 25 October for finalisation.
In two separate cases, customs officers recovered cash at Dublin Airport and the amounts were forfeited to the State by order of Judge Karen O'Connor under section 39 of the Criminal Justice Act, 1994. In the first case, €9,200 was seized from Eddie O'Loughlin of St Finbars Terrace, Bohermore, Galway, on 13 May 2016. O'Loughlin was travelling to Amsterdam that day, had no known source of income, and was receiving job seekers allowance. He had a history of drug convictions and a six‑year and a half‑year sentence for assisting organised crime. He gave a "less than credible explanation" for the cash and did not engage with the process, leading to forfeiture. In the second case, US$10,000 was seized from Laimonas Baltrusis of Baileys Village, Johnstown, Navan, Co Meath, on 14 June 2015.
Rachel Harford, 47, pleaded guilty at the Dublin Circuit Criminal Court on 14 December 2015 to knowingly permitting or suffering the preparation of a controlled drug at her home. Gardaí, acting on a search warrant, found heroin and cannabis in her house and observed Harford placing a bag in the crotch of her leggings when officers arrived. She claimed the drugs were unrelated to her and that she had grabbed a bag in panic. Harford's former partner, Eamonn Kane, had already pleaded guilty to possession of the drugs and received a four‑year, nine‑month sentence with the final 18 months suspended. Judge Karen O'Connor noted Harford's past convictions and her recovery from heroin addiction, but also that she had not been the main actor in the activity. The judge imposed a two‑and‑a‑half‑year sentence, which was suspended in full, citing her low risk of re‑offending and her rehabilitation.
The Charleton tribunal may recall several senior gardaí and a Tusla official following the discovery of two previously undisclosed documents relating to whistleblower Garda Keith Harrison and inter-agency communications in Donegal. The first document records a November 2013 meeting of senior Donegal gardaí attended by Tusla official Gerry Hone to discuss referral procedures. The second, a November 2013 regional management meeting minute, notes that Chief Superintendent Terry McGinn updated colleagues on an investigation into Garda Harrison. Both documents relate to a period when a statement by Garda Harrison's partner prompted a child welfare referral to the HSE, later closed without findings of concern. Tribunal chairman Mr Justice Peter Charleton directed that comprehensive searches of records from October 2013 to March 2014 be conducted to identify further material. Potential witnesses for recall include Chief Superintendents McGinn and Sheridan, Superintendent Eugene McGovern, and retired assistant commissioner Kieran Kenny. The inquiry adjourned, resuming 24 October.
In a High Court ruling on 11 October 2017, Mr Justice Donald Binchy quashed Dublin City Council's decision to convert Carman's Hall, Francis Street, into a hostel for homeless people. The council had authorised the change of use and refurbishment on 28 October 2016, arguing it was a response to an emergency humanitarian crisis. Local residents, represented by the Carman's Hall Community Interest Group, Michael Mallin House Resident's Association and community worker Elizabeth O'Connor, claimed the conversion contravened the area's local development plan and was unlawful. The judge accepted that the building had been used as a shelter to address an emergency but found the council's decision materially breached the development plan's objectives, particularly regarding concentration of facilities and local economic impact. The orders were quashed, and the hostel remained open pending a further court decision on 8 November 2017. The ruling highlighted the council's lack of proper consideration of planning objectives.
In a High Court ruling on 10 October 2017, Mr Justice Paul Gilligan dismissed an application by Orla and Stephen Hallihan, who had been evicted from their family home with their five children, for orders against KBC Bank. The Hallihans sought an injunction to set aside a repossession order granted by the Cork Circuit Court in March 2015 and to allow them back into their house. The judge criticised the "meaningless" third‑party advice the couple had received, describing it as "totally unhelpful" and "meaningless as a matter of law." He noted that the Hallihans had not appeared at the Circuit Court when the repossession order was made, had not appealed the decision, and had not applied for an extension of time to bring an appeal. The judge found that the Hallihans had not presented a strong issue to justify an injunction, and that the balance of convenience did not favour setting aside the order.
The Charleton tribunal has completed hearings examining circumstances surrounding garda whistleblower Keith Harrison and has invited legal submissions on the evidence heard during the current module. Justice Peter Charleton outlined topics he expects counsel to address in their written submissions. Over the preceding month, the tribunal examined evidence of contacts between gardaí and the HSE and Tusla relating to Garda Harrison. Sergeant Paul Wallace testified that he conducted a security assessment at Garda Harrison's home in October 2013 following reported threats. The sergeant said Garda Harrison indicated his partner had sought a safety order against him and made a statement to gardaí. Detective Inspector Patrick O'Donnell outlined information received regarding threats, whilst Superintendent Mary Murray confirmed she was appointed to conduct disciplinary and criminal inquiries in February 2014. Supt Murray stated she learned in May 2014 through media reports that Garda Harrison had made a protected disclosure to the garda confidential recipient and subsequently suspended her investigations. The tribunal continues.
A senior garda officer has told the Charleton Tribunal that she harbours no ill will toward whistleblower Garda Keith Harrison. The matter concerns a 2013 domestic dispute complaint made by Ms Marissa Simms, who later withdrew her statement after it had been referred to the Garda Ombudsman Commission. Garda Harrison alleged the referral was motivated by malice. At the tribunal in Donegal, Chief Superintendent Terry McGinn defended the decision to refer the matter to GSOC, stating it was made in good faith based on concerns about psychological harm to Ms Simms and her children. Counsel for Garda Harrison argued that senior officers had misinterpreted the Garda Síochána Act and that proper documentation procedures had not been followed. Chief Superintendent McGinn maintained that her actions were appropriate and measured, and that she has demonstrated no malice toward Garda Harrison since his return to her division.
Allied Imports Ltd, owner of the Tipperary Crystal brand, has sued Kavanagh Giftware Ltd for allegedly passing off Tipperary Crystal trademarks on the packaging of mugs and cups sold by the defendant. The plaintiffs claim the defendant uses a grey and white graphic representation of the Tipperary Crystal mark on the inside and outside of its packaging, and that the goods are sold in Enniscorthy, Wexford, and online, with wholesale distribution to other Irish retailers. Allied Imports and director Robert Scanlan argue that the unauthorized use causes public confusion. They seek injunctions to stop the passing off, orders to have the infringing goods seized and destroyed, and damages. The case was admitted to the fast‑track Commercial Court list by Justice Brian McGovern after a challenge by Kavanagh's counsel, and is scheduled to return in February. The proceedings remain at the pleading stage, with no verdict yet.
A company of developer John O'Flynn, O'Flynn Capital Partners, has taken a legal challenge to An Bord Pleanala after the board refused planning permission for a Cabinteely development that would include 34 houses and an access road. The company seeks to have the board's decision of 17 July quashed. The development, which had earlier received permission from Dun Laoghaire‑Rathdown County Council, was appealed by local residents and others. O'Flynn Capital Partners argues that part of the proposed road lies within the Cherrywood Planning Scheme, a zone that the board cannot consider, and that the board's decision about the road outside that zone was made on irrelevant matters and was unreasonable. The company claims it has spent €15 million on land and planning fees and estimates construction costs at €50 million, with the project expected to create 240 jobs.
A tribunal hearing in Donegal examined evidence from the most senior garda in the county regarding the investigation into allegations of domestic abuse against whistleblower Garda Keith Harrison. Chief Superintendent Terry McGinn directed Inspector Goretti Sheridan to begin the investigation on 29 September 2013, following a report from the mother of Garda Harrison's partner. During the hearing, Mark Harty SC, representing Garda Harrison, questioned the absence of a contemporaneous written record of Chief Superintendent McGinn's decision and the reasons for it. He referenced post-Morris tribunal directives requiring gardaí to maintain daily journals and document significant matters. Chief Superintendent McGinn denied deliberately omitting the note, stating that recording every decision as it occurred would be impractical. She maintained her tribunal statement provided context and that her appointment of the inspector was clearly evident. The only contemporaneous record of the appointment appeared in another superintendent's journal.
The High Court heard that local residents' concerns regarding Dublin Airport Authority's (DAA) application to extend planning permission for a new €320m runway were not considered by Fingal Council. Counsel for 22 individual residents, including members of St Margaret's Concerned Residents, argued that the council excluded their submissions, claiming they were "shut out" of the process. The residents allege the extension is illegal because the council failed to address their concerns and did not carry out a required Environmental Impact Assessment. A separate action by Friends of the Irish Environment contends the decision breaches the Habitats Directive and the 2000 Planning and Development Act. The respondents, including Fingal County Council and the State, oppose both actions, with Ryanair listed as a notice party. In a related matter, Mr Justice Max Barrett reserved judgment on a challenge by St Margaret's Concerned Residents Group, who claim pre-construction works by the DAA constitute unauthorised development due to an alleged breach of waste management conditions. The DAA denies this claim. The current hearing, which is the second of three sequential challenges, continues and is expected to last several days.
A senior garda officer's decision to categorise a domestic disturbance complaint under provisions relating to serious harm or death was later questioned by the Garda Ombudsman, the Charleton Tribunal heard. The October 2013 complaint involved allegations that Garda Keith Harrison had made threats during a late-night argument in Milford, County Donegal, where he was stationed. Superintendent Eugene McGovern, then in charge of the Milford district, told the tribunal he considered the matter serious enough to warrant referral to the Garda Síochána Ombudsman Commission under Section 102, citing emotional and psychological harm to the complainant. A senior GSOC investigator subsequently indicated the complaint might not qualify as a Section 102 referral. The complainant later withdrew her statement to gardaí and informed GSOC she did not wish to pursue a complaint. The tribunal is examining contacts between gardaí and child welfare agencies relating to the officer.
The first of three legal challenges to the proposed €329m second runway at Dublin Airport opened at the High Court before Mr Justice Max Barrett. The St Margaret's Concerned Residents Group, acting as applicants against the Dublin Airport Authority (DAA), alleges that pre-construction works carried out in December 2016 constitute unauthorised development. Counsel for the residents claimed the DAA breached a 2007 planning permission condition by failing to submit a waste management plan to Fingal County Council before demolition began, with the plan only submitted in February 2017. They further alleged that removed materials contained toxic substances, including asbestos. The DAA, represented by counsel, opposed the action, arguing no unauthorised development occurred. They stated the late submission was an error that was rectified before the legal action commenced and that the plan was adhered to thereafter. Counsel for the DAA requested the court exercise discretion to deny the sought orders, citing the project's public importance. The hearing of this case continues and is expected to conclude on Wednesday. Two further challenges are pending: one by 22 individual residents alleging Fingal Council failed to address local concerns, and another by Friends of the Irish Environment. The latter argues the planning decision violates the Habitats Directive and the 2000 Planning and Development Act, and will increase greenhouse gas emissions. These subsequent actions are brought against Fingal County Council and the State, with the DAA as a notice party.
Two senior Tusla officials from County Donegal have told the Charleton tribunal that allegations of improper pressure on the child protection agency have damaged their professional reputations. Social worker Donna McTeague and her line manager Bridgeen Smith, Team Leader at the time, both rejected suggestions they were directed by gardaí to conduct a home visit to a garda and his partner in February 2014. Ms McTeague stated she received no direction from gardaí or her supervisor regarding the visit. Ms Smith categorically denied being "leaned on" by a sergeant to arrange the home visit, describing such allegations as an attack on her professional integrity. The tribunal, chaired by Mr Justice Peter Charlton, is examining contacts between gardaí and the HSE/Tusla relating to allegations of abuse of power. Following the 2014 home visit, Tusla closed the case, finding no risk to children in the household. Ms McTeague noted she lacked access to relevant documentation at the time, which she said would have enabled a more thorough assessment.
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.
In a High Court hearing on 2 October 2017, Mr Derek Cervi, a Dublin resident, received an apology from Penguin Random House Ireland Limited and the book's authors, Owen Conlon and Stephen Breen, following his defamation lawsuit. Cervi had sued over the book "The Cartel: The Shocking true story of the rise of the Kinahan crime cartel and its deadly feud with the Hutch gang," which he claimed wrongly stated he had been arrested and released without charge by the Gardaí, and incorrectly linked him to criminality. He also sought damages, orders to correct the statements, and recall of unsold copies. The court was informed that the proceedings had been resolved, and an apology was read by Cian Ferritter SC on behalf of the defendants. The apology acknowledged the erroneous reference to Cervi's arrest, confirmed he had not been arrested, and stated that Penguin would correct the error in future editions.
The High Court heard that Ian Bailey, 60, of The Prairie, Liscaha, Schull, west Cork, will apply next month for legal costs after the court refused to order his extradition to France over the death of Sophie Tuscan du Plantier. Bailey denies any involvement in her 1996 death outside her holiday home in Schull. French authorities had sought his surrender in 2010 and again last summer for alleged voluntary homicide, but the Supreme Court and the High Court dismissed the requests, citing abuse of process. The matter was adjourned to 17 August.
In a High Court hearing on 29 July 2017, residents from O'Reilly Avenue, Ceannt Fort and Mount Brown in Dublin 8 sued the National Paediatric Hospital Development Board and BAM Civil Limited, the builders of the new €1bn children's hospital, claiming their homes had been damaged by construction works. The residents sought injunctions to halt further work until remedial measures were taken. Both BAM and the Development Board opposed the injunctions. After negotiations, the parties reached an agreement that satisfied all, and the injunction application was withdrawn. The case was adjourned pending the full hearing, and the terms of the settlement remain confidential. The court noted that the residents do not oppose the hospital's construction and that the injunction was not a "rogue application." The judge congratulated the parties on reaching a settlement.
Patrick O'Sullivan, a minority shareholder holding 28 % of Conroy Gold and Natural Resources plc, brought a High Court action under the Companies Act alleging oppression. He claimed the board, chaired by Professor Richard Conroy, was planning to dilute shareholders before an extraordinary general meeting on 4 August to defeat his resolutions. O'Sullivan's lawyers sought interim orders to prevent dilution. The defendant's counsel, Brian O'Moore, confirmed that no new shares would be issued until the meeting, and that the plaintiff's shares would not be diluted. O'Sullivan's case was described as misconceived, and the parties agreed to a general adjournment, allowing either side to re‑enter if necessary. The court noted that O'Sullivan had previously raised concerns about governance failures and excessive board remuneration. The case was adjourned generally by Mr Justice Tony O'Connor.
In a High Court case, Grant Thornton sued Gerardine Scanlan for allegedly keeping confidential data it had mistakenly sent to her in 2015. The firm had previously obtained an order preventing her from releasing the information and required her to return or destroy it. Scanlan had agreed to hand over the material in December 2015, but Grant Thornton claims she has not complied and still holds the data. The firm seeks orders to compel her to return the material and to disclose any third parties to whom she may have disclosed it. Scanlan, representing herself, denies breaching the order or retaining the data. Grant Thornton asked the court to strike out her defence and counterclaim, arguing they lacked legal basis. Judge Paul Gilligan struck out portions of her defence that did not deny Grant Thornton's allegations and were irrelevant, and dismissed her counterclaim except for a claim for damages under the Data Protection Acts.
A Dublin District Family Court granted a protection order against a man recently released from prison. The mother, who had allowed the ex‑partner to see their two toddlers at first, said he had become aggressive, physically assaulting her three months ago and verbally abusing her earlier this week. She claimed he had started taking drugs and that it was no longer safe for the children to be around him. She described incidents of him following her, refusing to leave her alone, and being on tablets. Judge Paula Murphy issued the protection order.
In a Dublin District Family Court hearing, a man accused of repeated abuse and heavy alcohol consumption demanded a safety order against him for 21 years, claiming he did not want to see the mother of his child again. The mother, who resides in a women's refuge, testified that the man regularly drank 16 cans of beer and a bottle of vodka within a few hours, threatened her and their child, and had threatened to use a knife or gun. She described an incident where her son was injured and the man told her not to call an ambulance, fearing social workers would be involved, and threatened to kill her if she called the Gardaí. During the hearing, the man repeatedly denied the allegations, called the mother's testimony lies, and shouted that he had not seen her for five years. He stormed out of the courtroom after the judge warned him.
In a High Court case, Mr Justice Paul Gilligan granted an injunction to a bank‑appointed receiver, George Maloney, giving him possession of the Grange House in Ballyboughal, Co. Dublin. The property, described as an "eight‑bedroom, Dallas‑style mansion" with a pool, helicopter hangar and bar, is owned by Jeremiah (Jerry) Donovan and his wife Bridget. The injunction, pending the dispute's final outcome, requires the Donovans to vacate the house by the close of business on Friday and to hand over vacant possession. The judge also ordered that the receiver work with an auctioneer appointed by the Donovans to sell the property. The Donovans opposed the application, arguing the house is their private residence and that the receiver has no right to possession or sale. The court noted the injunction could be reviewed at the full hearing. The injunction remains in force until the case is resolved.
Singer Sinead O'Connor is sued by former manager Fachtna O'Ceallaigh and his company TAL Management Limited for breach of contract and defamation. O'Ceallaigh claims the company provided managerial services to O'Connor for several years under a monthly fee plus commission and expenses, and that a new agreement in 2011 was substituted for him but not executed, yet the parties performed its terms. He alleges O'Connor terminated the agreement in April 2012 without warning, which he says was not entitled, and seeks over €500,000 in damages and a declaration that the termination was invalid. O'Ceallaigh also claims O'Connor defamed him in an open letter published on her website and a fan's site in 2012, in response to a newspaper article about the end of their commercial relationship. O'Connor denies having any agreement with TAL or O'Ceallaigh and denies the defamation claim.
In a High Court hearing on 26 July 2017, Mr Justice Paul Gilligan urged residents of O'Reilly Avenue, Ceannt Fort and Mount Brown to consider mediation over alleged damage to their homes caused by construction works for the new National Children's Hospital in Dublin. The residents, who live near St. James Hospital, claim their properties have suffered "very significant damage" from the hospital's building activities and seek an injunction to halt further works until remedial measures are taken to protect adjoining houses. Shane Murphy SC, representing BAM Civil Limited, warned that an injunction could stop all construction on the site. Jarlath Fitzsimons SC for the National Paediatric Hospital Development Board offered to mediate rather than fight the injunction. John Rogers SC for the residents clarified that they do not want to halt the hospital project, only to ensure protective steps are implemented.
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.
Talavs Riekstins, a 23‑year‑old Latvian chemistry student, pleaded guilty to arson after setting fire to a €34,000 BMW at Harford Motor Company in Balbriggan on 24 November 2016. He had been under the influence of a substance he had purchased and had previously been sent home earlier that day after refusing to leave the dealership. Riekstins returned with a petrol can, poured petrol over the car and used a lighter to ignite it. The court heard that pedestrians were nearby and that Riekstins was concerned about endangering people. Judge Karen O'Connor sentenced him to two and a half years, suspended the final 18 months, and back‑dated the term to the date he entered custody. The judge noted his clean record, employment history and family support as mitigating factors, while citing the uncontrollable nature of the fire and his drug use as aggravating factors. The sentence was delivered in the Dublin Circuit Criminal Court.
A High Court judge has awarded €150,000 in damages to singer Tommy Fleming, his wife Tina Mitchell Fleming, and their company TF Productions following an unauthorised broadcast of their copyrighted material by Irish TV. The court heard that the broadcaster, which operated from Westport Industrial Park in County Mayo, transmitted Mr Fleming's promotional DVD for his 2004 recording Voice of Hope in December 2014 without permission, rebranding it as the Tommy Fleming Musical Extravaganza. Mr Justice Paul Gilligan found that the copyright infringement caused serious damage to Mr Fleming's entertainment career and professional standing. The judge awarded €100,000 for intellectual property infringement and €50,000 to the production company to offset losses incurred in mitigation efforts. Legal costs were also awarded to the plaintiffs. Irish TV, which operated a 24-hour channel across multiple platforms, did not contest the application. The broadcaster is currently in liquidation.
During the Charleton tribunal, a senior Garda officer, Detective Superintendent Frank Walsh, confirmed that rumours circulated in Garda Headquarters about whistleblower Sergeant Maurice McCabe while he was employed there. Walsh, who had served as the commissioner's private secretary until 2016, noted that the rumours were widespread and that a correspondence file from McCabe, which had grown to about 3,500 pages, was involved. The file also contained a summary of McCabe's career and, in May 2014, a false sexual‑assault allegation that had been added erroneously. When the mistake was discovered a few weeks later, it was not reported to Garda HQ. Walsh said the incorrect allegation remained on McCabe's file until the tribunal began in early 2017, and he could not confirm whether any discussions had taken place with the commissioner about the allegation.
In a High Court case, 65‑year‑old James Foley was awarded €92,000 in damages after he injured his left shoulder while loading a four‑year‑old horse onto a lorry for trainer Margaret Mullins at Canterbrook Stud on 18 November 2013. Foley claimed that the horse became spooked, causing him to fall, and that Mullins, who was present, failed to assist him in securing the horse, thereby breaching her duty of care under the 2005 Safety, Health and Welfare at Work Act. Mullins denied the allegations, asserting that the horse was on the ramp when it became unsettled and that Foley had contributed to his injuries by mishandling the animal. Judge Michael Hanna found Foley's version of events more credible, noting that he was an experienced horseman and that Mullins was his employer at the time, and therefore owed him a duty of care.
In a Dublin District Family Court hearing, a mother sought and received a five‑year safety order against her teenage daughter, who had recently finished the Leaving Certificate and was diagnosed with bipolar disorder. The mother explained that her daughter had begun medication and was feeling better, but a psychologist advised her to stop taking sleeping tablets because of their addictive nature, which had caused a return of anxiety. The mother described a two‑year period of escalating conflict, including her daughter's violent outbursts and the mother's feeling of losing control. She stated that the safety order was necessary to protect herself and the family from ongoing abuse. Judge Ann Ryan granted the order, citing the mother's need for protection from her daughter's behaviour. The case was presented as a separate matter from other family protection orders discussed in the same hearing.
In a Dublin District Family Court hearing, a woman discovered she was a grandmother when a toddler and her older brother arrived at her doorstep with DNA test results. The grandmother had believed the girl was her nephew's daughter until last summer, when the DNA evidence confirmed her son was the father. She expressed shock at learning she had a granddaughter and requested regular visits, though her son showed no interest. The girl's mother, who had sent the DNA results to the grandmother, stated she had allowed the grandmother to see the child but was upset that the grandmother had ignored the girl for months after the revelation. The mother also noted her own difficulties with the child's father, who is now imprisoned. With both parties' consent, Judge Ann Ryan granted the grandmother regular weekly visits with her granddaughter.
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.
A young father who owes €5,887 in child maintenance to the mother of his son was warned by Judge Gerard Furlong at Dublin District Family Court that failure to comply could lead to imprisonment. The father explained that he had been unemployed for the last few months and proposed paying €20 per week in maintenance, reduced from €50, plus €10 per week towards the debt. The judge accepted the proposal as reasonable and ruled accordingly, but cautioned that ignoring the arrangement would result in prison. In a separate matter, the same father claimed he had received text messages from his estranged wife that appeared to be from their daughter, which he said were not authentic. The judge extended the father's visitation rights to include an overnight stay once a month, to be reviewed later in the year.
Two men wanted in Northern Ireland on charges of attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought High Court applications seeking disclosure of Garda records following their arrest in the Lifford area of County Donegal in June 2015. The applicants claim Gardaí have failed to provide custody records, copies of statements, and details of forensic samples taken during their detention. They argue the withheld information is relevant to extradition proceedings and that its non-disclosure breaches their Constitutional rights and rights under the European Convention on Human Rights. The men contend evidence gathered in custody should not be used in their intended Northern Irish prosecution. Ms Justice Margaret Heneghan heard the matter at the High Court and referred the judicial review applications to Ms Justice Aileen Donnelly, who is hearing the related extradition requests. Ms Justice Donnelly will determine whether to hear both applications together. The matter was adjourned pending her decision.
Francis McGuinness, a Dublin businessman who sells articulated trucks, has filed High Court proceedings to stop the Gardai from watching or besetting him at his home or business. He claims that for several years the Gardai have intimidated him, seized his property and acted unlawfully. In a sworn statement he said he is not a criminal and that an incident earlier this month involved a Gardai stopping him on the M50, informing him his motor insurance had been cancelled 45 minutes earlier, and calling the Garda commissioner "Mammy." McGuinness alleges the Gardai warned him of a breach of the peace, said they "knew his face" and would see him again. He seeks injunctions preventing the Gardai from attending his premises, from seizing further property, and for the return of property he says was unlawfully taken, including a Kobelco excavator and a Volvo truck that were sold in contravention of 2013 court orders.