A garda whistleblower was subjected to hostility and bullying within the Cavan-Monaghan division, the Charleton tribunal heard. Sergeant Maurice McCabe's barrister told the inquiry that whilst some garda witnesses claimed never to have discussed the sergeant, evidence indicated he faced considerable animosity from certain quarters, including being called a "rat" on social media. Retired Chief Superintendent James Sheridan acknowledged awareness of the bullying but denied any personal involvement in undermining Sergeant McCabe or conspiring to damage his reputation. The tribunal examined an erroneous HSE notification containing incorrect sexual abuse allegations against Sergeant McCabe, which Mr Sheridan characterised as a catastrophic error attributable to the HSE rather than gardaí. He stated that follow-up actions agreed at a July 2014 meeting were not pursued, though rejected suggestions this was deliberate. The original 2006 complaint against Sergeant McCabe resulted in the Director of Public Prosecutions directing no prosecution.
In a High Court case, residents from O'Reilly Avenue, Ceannt Fort and Mount Brown allege that their homes were damaged by works carried out by the National Paediatric Hospital Development Board and BAM Civil Limited during construction of the new National Children's Hospital. The judge, Mr Justice Paul Gilligan, allowed the residents' lawyers to serve short notice to the defendants and set a return hearing for the following Wednesday.
The High Court granted a summary judgment of €8.7 million to Seaconview Designated Activity Company against Mr John Lally, a former director of Brackville Holdings Limited. Seaconview claimed that in 2006 Mr Lally had entered into an Interest Shortfall Agreement, guaranteeing Brackville's interest payments on an €82.5 million loan. When the loan was later acquired by Seaconview in 2015, the company demanded €88.1 million from Brackville in 2016; after a receiver was appointed and the assets sold, the net proceeds were used to reduce Brackville's liabilities, but Seaconview alleged that €8.7 million of interest remained unpaid. Mr Lally sought to postpone the judgment to a full hearing, arguing procedural delays and disputing figures in Seaconview's demand letter. The judge found no defence from Mr Lally, rejected his objections, and ruled that Seaconview was entitled to the judgment. The decision was delivered by Mr Justice Max Barrett on 20 July 2017.
The Charleton tribunal heard that Sergeant Maurice McCabe was forced to retreat into his garda station following a confrontation with family members of the woman who alleged he sexually assaulted her. In 2007, the DPP recommended against bringing charges, stating there was no evidence an offence had been committed. The tribunal is examining claims of a smear campaign against Sgt McCabe. In 2008, Sgt McCabe wrote to Superintendent Michael Clancy regarding incidents involving the accuser's father, a garda colleague. Inspector Noel Cunningham, who had previously investigated the 2007 allegations, was instructed to investigate the 2008 claims despite knowing both parties. Sgt McCabe subsequently went on sick leave and was transferred to Mullingar. Supt Cunningham denied taking part in a smear campaign or ignoring a 2013 letter from HSE social worker Keara McGlone, who is the applicant in this matter. Retired Chief Superintendent James Sheridan stated he believed the sexual assault allegation against Sgt McCabe could not be right. In May 2014, a Tusla notification containing an inaccurate allegation was sent to Bailieboro Garda Station. Superintendent Leo McGinn recommended a review by officers outside the Cavan-Monaghan division, noting the DPP's non-prosecution direction. He stated he had no animus toward Sgt McCabe and did not meet him. A July 2014 meeting in Mullingar discussed the confusion over different allegations and cut-and-paste errors, with minutes sent to the garda commissioner's office.
At the Charleton tribunal on 19 July, the inquiry into whether Sergeant Maurice McCabe was targeted by a smear campaign heard testimony from Superintendent Noel Cunningham. The tribunal examined a 2006 investigation into allegations of indecent assault made against Sgt McCabe by a child, with Supt Cunningham having recommended to the Director of Public Prosecutions that no prosecution proceed. The DPP accepted this recommendation. Supt Cunningham acknowledged that when informing Sgt McCabe of the decision, he conveyed only that there was insufficient evidence, leaving uncertainty about the allegation's merit. The superintendent stated that following the investigation, Sgt McCabe indicated the process had fundamentally altered his trust in others. The tribunal also heard evidence concerning a 2013 letter from the child and family agency Tusla requesting a meeting regarding abuse allegations, which Supt Cunningham said he had mislaid. He stated he later located the correspondence during a subsequent search. Sgt McCabe and Mr D were both stationed in Bailieboro, County Cavan. The tribunal continues.
Matthew Ahern, 53, pleaded guilty to burglary at Collins Avenue East, Killester on 17 February 2016. He entered the house by smashing a panel in the front door, stole two phones, and left. The homeowner heard rustling, thought it was her husband, but saw Ahern with her iPad and laptop. Garda Laura Nulty presented CCTV from a neighbouring barber shop showing Ahern having a haircut immediately before the burglary. Ahern, who has 48 prior convictions including seven burglaries and one robbery, initially denied involvement. The court heard he had a seven‑year gap in serious offending before 2016 and had been engaged with various agencies. Judge Karen O'Connor adjourned sentencing to October to allow Ahern to complete a stabilisation program for his long‑standing drug addiction and ordered a probation report to assess his risk of re‑offending.
In a High Court hearing before Mr Justice Paul Gilligan, insolvency practitioner George Maloney, acting as receiver for KBC Bank, sought possession of Grange House Ballyboughal in Co Dublin. The applicant alleged that Jeremiah and Bridget Donovan unlawfully re-occupied the eight-bedroom mansion after breaking back into the property, which Maloney had secured in June. Counsel for the receiver described the property as resembling a set from the TV series 'Dallas,' noting features such as a swimming pool, helicopter hangar, and a bar named Donovans. The Donovans were accused of refusing to vacate or provide access to the receiver's staff, while simultaneously marketing the home for sale online at US$7m. Although the defendants claimed the property was their family home and that they were merely retrieving personal items, the receiver contended they reside in England. Maloney was appointed receiver in May following the defendants' alleged failure to satisfy a €1.2m debt on loans advanced in 2003 and 2005. Following an ex parte application, the court granted permission to serve short notice of the injunction proceedings on the Donovans. The matter was adjourned and made returnable to a date next week.
Paul Lynam of Weirview Gardens, Lucan, has filed a High Court case against Thomas Kelly of Weirview Cottages, Lucan, seeking orders to stop rock slides from a 36‑square‑metre embankment owned by Kelly that lies behind Lynam's property. Lynam says the embankment, 7–8 m high, has produced more rockfall recently, including a 100 kg boulder that fell in May and damaged his decking. An engineer he hired concluded that removing vegetation and installing an automatic watering system—attributed to Kelly—likely caused the increased rockfall. Lynam alleges that continued erosion could endanger his and neighbouring properties, potentially causing injury or death. He requests injunctions to compel Kelly to halt vegetation removal and the use of the watering system, and to prevent further deterioration of the embankment. The judge granted Lynam's lawyers permission to serve short notice of the injunction proceedings on Kelly and adjourned the matter for a week.
An application to wind up Irish Asphalt Ltd has been filed with the High Court by James Elliot Construction (JEC). The petition seeks a liquidator for the company, part of the Lagan Group, over an alleged unpaid debt exceeding €2.4 million. Irish Asphalt, its directors, and Lagan Holdings Ltd – the largest creditor – oppose the petition, arguing that JEC's motive is to gain an advantage in separate deceit proceedings involving the company, its directors Kevin and Terry Lagan, John Gallagher, and Lagan Cement Group Ltd. The debt stems from a 2011 High Court judgment concerning a stone infill supplied by Irish Asphalt to JEC for the Ballymun Central Youth Facility, which contained excessive pyrite and required major repairs. The case was appealed to the Supreme Court and then to the European Court of Justice, but the Supreme Court dismissed the appeal and the ECJ's findings did not aid Irish Asphalt.
Skydive Ireland Ltd and its director, David Byrnes, both of Kilkenny Aerodrome Holdensrath, have launched a High Court action against Kilkenny County Council. The applicants challenge an enforcement notice issued by the council in May, which requires the company to cease all sponsored skydiving operations at the airfield. The council alleges the applicants breached planning laws by intensifying an existing use, a claim the applicants reject in sworn statements, arguing that skydiving is exempt from planning permission and that no intensification occurred. The applicants, represented by Jack Tchrakian Bl, seek orders to quash the council's decision and a stay on the enforcement notice's powers until the proceedings are determined. They contend the council breached their legitimate expectation, having previously assured them in 2014 that the airfield was an authorised development for skydiving, an activity the site has hosted since 1965. Although An Bord Pleanala ruled in 2015 that the activities constituted development, the applicants claim the council's current position is unlawful and infringes their constitutional property rights. Ms Justice Margaret Heneghan granted permission to bring the action on an ex-parte basis. The judge made the matter returnable to a date in October, while the specific application for a stay has been adjourned for a week.
Crime journalist Paul Williams testified at the Charleton Tribunal, denying allegations that he orchestrated events or acted as a 'puppet' for An Garda Síochána regarding Sergeant Maurice McCabe. Williams stated he did not know the substance of Ms D's 2006 allegations until meeting her in 2014 and denied accessing confidential Garda files, calling such claims by journalist Gemma O'Doherty 'completely baseless.' He confirmed speaking with Garda press officer Supt David Taylor, who verified a 2006 investigation and the DPP's decision not to prosecute. Williams maintained he did not contact Sgt McCabe for comment as the report was anonymised. In separate evidence, Det Supt John O'Reilly denied suggesting Ms D contact Williams, though he admitted passing the journalist's number to her father, Mr D. O'Reilly also denied telling Mr D that Sgt McCabe watched young girls at a school, a claim Mr D previously made. The Tribunal is investigating whether Sgt McCabe was targeted by a smear campaign. The hearing remains ongoing.
Eugene O'Toole, a Leading Sick Berth Attendant in the Irish Naval Service, has filed a High Court claim against the Minister for Defence, the Attorney General and Lt Commander Niall Manning. The suit arises from an incident on 22 September when O'Toole brought a quantity of duty‑free cigarettes aboard the LE James Joyce, which had just rescued 2,500 migrants. O'Toole says he had obtained permission from a superior officer to bring the cigarettes, but the commanding officer demanded they be unloaded within 15 minutes or charges would be brought. Three charges were considered by Lt Commander Manning in April; two were dismissed, but one—concerning conduct prejudicial to good order and discipline under section 168 of the 1954 Defence Act—was found proven, resulting in a reprimand. O'Toole alleges that Manning's prior involvement in the matter deprived him of fair procedures and that his constitutional rights were breached.
Ms D, who had previously alleged sexual abuse by Sgt Maurice McCabe, testified before the Charleton tribunal that she met journalist Paul Williams in March 2014 to present her side of the story. She said she wanted the public to know that McCabe was not the saintly figure portrayed in the media and that she had a personal grievance against him. Ms D explained that she had sought counselling in 2013 after a Tusla file was opened following a 2006 allegation, and that the DPP had declined to press charges in 2007 due to lack of evidence. She claimed a Tusla notification mistakenly added a digital‑rape allegation unrelated to her case, which she reported to the counsellor and her father, a Garda. The tribunal, chaired by Justice Peter Charleton, is examining the creation and distribution of the Tusla and HSE files and whether McCabe was targeted by a smear campaign.
A social worker with Tusla told the Charleton tribunal that she received an incomplete version of files relating to Garda whistleblower Sergeant Maurice McCabe when asked to review them. Clare Tobin, who works with the Sexual Abuse Regional Team, said significant documents were missing from the material sent to her, including a record of a 2007 Director of Public Prosecutions decision directing no prosecution of Sergeant McCabe due to lack of evidence. The tribunal, which is examining the creation and distribution of files by Tusla and the HSE containing false allegations against Sergeant McCabe, heard that Ms Tobin could not determine whether the omissions resulted from professional negligence or deliberate intent. She characterised the file management as poor and emphasised that such allegations against members of An Garda Síochána require sensitive and immediate handling.
The Charleton Tribunal, inquiring into claims that sexual abuse allegations were used to smear Sgt Maurice McCabe, heard evidence from Sgt Tony Byrne on day ten. Sgt Byrne stated he never experienced malevolence or malice towards Sgt McCabe during his time in Baileboro. The tribunal also heard from social worker Briege Tinnelly, who testified that she recorded details regarding Ms D in August 2013 and was not informed of a subsequent error in a written report until it was reported in 2017. Dr Gerard O'Neill, HSE Southeast director of counselling, confirmed that a file containing erroneous allegations was received in May 2014, corrected by month's end, and the incorrect file was shredded. The tribunal is examining the creation and distribution of files by Tusla and the HSE containing false allegations against the sergeant. Mr Justice Charleton ruled that Ms D and her family's evidence next week would be held in private, with their identities protected and media excluded. He noted that while secret courts are generally undesirable, exceptional circumstances permit reporting restrictions. The judge also directed the tribunal administrator to determine bona fide press membership. The hearing remains ongoing, with further evidence scheduled for next week.
In a Dublin District Family Court hearing on 13 July 2017, a father was granted temporary sole custody of his children after the court heard he was terrified that the mother, who had suffered serious injuries in a suicide attempt, would try to take the children away. The mother remains in hospital, and the father continues to live with the children in the family home. The father had applied for a barring order against the mother, but this was withdrawn after the mother, through her solicitor Ursula Regan, promised not to approach the house until the next court date. Ken Connolly BL represented the father, describing the mother as an alcoholic with psychological difficulties who had been admitted to hospital on several occasions and had a history of self‑discharge. The mother had also been involved in a road‑traffic accident where she was driving a car with one of the children inside.
My client CCC.Nuacht Teo agreed settlement terms with Mr Leo Sherlock to resolve a copyright infringement claim over articles written by CCC reporters that were copied and published on TheLiberal.ie without licence or payment. The articles reported on criminal proceedings and were produced by expert court reporters. CCC Nuacht has a history of challenging reporting restrictions to promote public access to court decisions. The settlement requires Mr Sherlock to publish an apology on TheLiberal.ie's main page. The case was adjourned to Ardee District Court on 11 September 2017 for implementation, and CCC Nuacht will not comment further.
Sgt Tony Byrne, a Garda liaison officer with Tusla, testified at the Charleton tribunal that he never saw a May 2014 notification containing a false allegation of sexual abuse against Sgt Maurice McCabe. Byrne stated he first became aware of the document, sent to Bailieboro Garda Station, only when the tribunal began. He described it as unusual for a report to be sent to gardaí regarding a case already investigated, which led to the DPP deciding not to bring charges in 2007. Byrne also confirmed he did not see a second notification sent in June 2014 that corrected the false allegation. Counsel Michael McDowell, representing McCabe, noted that Supt Leo McGinn had referred the initial notification to the chief superintendent of the Cavan-Monaghan division for potential cold case investigation. Byrne further testified that he felt uncomfortable when Tusla social worker Kay McLoughlin, the applicant, asked about McCabe at a 2015 liaison meeting, recalling the conversation only because McCabe was a public figure. The tribunal is examining claims that these allegations were used to smear McCabe's reputation. The matter is currently at the hearing stage.
In a Charleton tribunal hearing on 13 July 2017, lawyers for Garda whistleblower Sergeant Maurice McCabe argued that the evidence of a woman who had alleged child sexual assault against him should be presented in public. The woman, identified only as Ms D, is scheduled to give evidence on Monday, and her family will also testify. The tribunal, chaired by Justice Peter Charleton, is investigating a possible smear campaign against McCabe and must decide whether Ms D's testimony will be held in private due to the sensitive nature of the matters. Ms D's counsel, Niall Buckley, requested that the press be barred from identifying her or her family, from photographing or video‑recording her movements, and that transcripts containing identifying details be redacted. Lawyers for several media outlets, including RTE, the Irish Times, The Irish Examiner, the Irish Daily Mail and The Sunday Times, stated they had no interest in identifying or photographing Ms D or her family.
On 12 July 2017, four men graduated from the Dublin District Drugs Court, marking the highest number of simultaneous graduates in the court's 16‑year history. The court, located at Green Street Courthouse, offers an alternative to custody for minor drug‑related offences, requiring participants to complete a programme of at least nine months aimed at achieving drug freedom and securing full‑time training, education or employment. At the graduation ceremony, all charges faced by the four participants were dropped, giving them clean records if they had no prior convictions. Judge Ann Ryan praised the graduates, noting their improved health and future prospects. The graduates were a 30‑year‑old married father of three, a 35‑year‑old man seeking a driving licence and delivery work, a 27‑year‑old father of two from Dublin, and a 28‑year‑old father of two from Swords who is now an apprentice plumber.
John O'Keefe, 26, was stopped by Garda Stephen Connor after the officer observed him using a mobile phone while driving a van toward Dublin city centre. O'Keefe was found to be transporting drugs to pay off gambling debts incurred after his father's death in 2011. Garda Connor noted O'Keefe was extremely nervous and there was a strong smell of cannabis. The van was searched and a bag of 248 MDMA tablets, worth €2,480, and a bag of cannabis herb, worth €4,734, were seized. O'Keefe admitted he had been paid €200 to move the drugs, which he had picked up about half an hour earlier, and claimed he did not know the value of the drugs or who he was doing it for. He pleaded guilty to possession of drugs for sale or supply at the Dublin Circuit Criminal Court.
In a tribunal hearing on 12 July 2017, Kay McLoughlin, a social work team leader, denied that she was a "puppet of the gardaí" after a letter she wrote to whistle‑blower Sergeant Maurice McCabe in December 2015 contained false allegations of sexual abuse. The letter, which claimed McCabe had "digitally penetrated" Ms D and threatened her father, was sent to McCabe to arrange a meeting. McLoughlin explained that she had been aware of McCabe from media reports and that a Tusla file on him had been opened in 2013 following a counselling request by Ms D. An administrative error had inserted an unrelated allegation of "digital penetration" into the file, which McLoughlin admitted she had not fully reviewed. She accepted responsibility for sending the inappropriate letter and said she had no bias or grievance against McCabe or the Gardaí. The tribunal continued the next day.
In July 2017 the High Court dismissed six applications for legal aid from individuals contesting the Criminal Assets Bureau's (CAB) claims that assets seized in its investigation of the Kinahan crime cartel were proceeds of crime. The applicants – Kelly Quinn, Sean McGovern, Anita Freeman, James Byrne, Sadie Byrne and Liam Roe – argued that the assets, including jewellery, motorbikes, property and cars, were not criminal proceeds and sought state‑funded representation. CAB opposed the applications, citing evidence of the applicants' lifestyles and alleged access to funds. Justice Stewart ruled that no exceptional circumstances justified legal aid, noting the applicants had not addressed CAB's claims or engaged with the evidence. The court adjourned proceedings against all 11 individuals to a later date, and the judge would issue a full written decision subsequently. None of the applicants were present at the hearing. The decision underscored that the court did not find the applicants' circumstances merited state assistance for their legal costs.
During the Charleton tribunal, Gerard Lowry, Tusla's area manager for Cavan‑Monaghan, testified that the series of errors leading to false child‑abuse allegations against Garda whistle‑blower Maurice McCabe were "absolutely coincidences." Lowry admitted he did not remember McCabe attending child‑protection meetings, but tribunal barrister Pat Marrinan cited evidence that McCabe had been present at meetings in 2004 and on core teams. Lowry explained that an email in 2014 identified McCabe as "MMcC" and referred to allegations made to RIAN by Ms D in 2006; unrelated allegations from Ms Y were mistakenly added to McCabe's file. He acknowledged failing to correct records once the errors were discovered and not checking RIAN's false information about a rape offence. Marrinan highlighted that Tusla was aware of the errors yet did not resolve them promptly, and that a draft letter with false allegations was circulated in late 2015. The tribunal continued the next day.
In a Dublin District Family Court hearing on 10 July 2017, a father seeking weekly overnight visits with his two children disclosed to Judge Paula Murphy that he and his wife had engaged in group sex with prostitutes and had used recreational drugs, including marijuana. He denied having an alcohol or drug problem and claimed he had only occasionally smoked marijuana. The father also admitted that his marriage had broken down after discovering his wife's alleged secret affairs. The mother, who had obtained a barring order against the father in May following an incident where he allegedly pushed her down the stairs, expressed concern about overnight visits, citing an incident where her daughter found the father passed out on the couch. The father denied the allegation and his solicitor suggested the mother's concerns were exaggerated. Judge Murphy ordered a report on the children's views and adjourned the case to next week for an expert to prepare the report.
Klaus Balz and Hanna Heubach, residents of Bear na Gaoithe, Inchigeelagh, Co Cork, have brought a High Court challenge against An Bord Pleanala's decision to grant planning permission for the Cleanrath Inchigeelagh wind farm. The applicants, represented by David Holland SC, allege that the planning authority failed to properly consider the increased noise generated by the proposed up to 11 turbines, arguing this renders the decision flawed. They seek an order quashing the permission, along with declarations that An Bord Pleanala failed to conduct a proper Environmental Impact Assessment, breached the rules of natural justice, and made an unreasonable decision. Counsel stated that the development would quadruple perceived loudness in the area. Cork County Council originally granted permission in 2016, subject to approximately 40 conditions, which was subsequently appealed by the developer, Cleanrath Windfarm Ltd. Cork County Council and Cleanrath are notice parties to the proceedings. Mr Justice Seamus Noonan granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in October.
A social worker told the Charleton tribunal she received no contact after an error in child protection records relating to Garda whistleblower Sergeant Maurice McCabe came to light. Laura Connolly, a duty social worker in Cavan, reviewed a file in April 2014 on a woman who had made allegations against Sgt McCabe. Records she subsequently created for his children erroneously contained allegations from an unrelated case, added to the original file by mistake in 2013. When the child protection service identified the error in May 2014, Ms Connolly was not contacted about it. Cross-examined by counsel for Sgt McCabe, she acknowledged the "total silence" surrounding the mistake and said she had no explanation for why nobody raised the matter with her. She told the tribunal she did not realise the significance of her involvement until reviewing the complete files in June 2017.
The High Court is considering applications for legal aid from six individuals seeking to oppose Criminal Assets Bureau (CAB) claims that seized assets are proceeds of crime linked to the Kinahan cartel. The applicants—Kelly Quinn, Sean McGovern, Anita Freeman, James Byrne, Sadie Byrne, and Liam Roe—argue they cannot afford representation in the complex proceedings. Ms. Quinn claims €8,000 seized from her home was a funeral collection for her late partner, David Byrne. James and Sadie Byrne contest claims regarding a Rolex watch, an Audemars Piguet watch, and a Lexus Jeep, asserting the items are not criminal proceeds. Mr. Roe denies gang membership while contesting the seizure of an Audi A5 and Kawasaki motorbike. Mr. McGovern and Ms. Freeman oppose claims that their shared property and a BMW are criminal assets. CAB opposed the applications, alleging the applicants' lifestyles and travel histories, including flights to the US, UK, and Spain, are inconsistent with their declared incomes. CAB also cited property sales and tax settlements by the Byrnes. Ms. Justice Carmel Stewart reserved her decision on the legal aid applications, with judgment expected later this month. The matter remains at the hearing stage, with no final determination on the underlying asset claims.
In a 2017 case, Gilbert Hategekimana, an agency nurse at Dublin's Mater hospital, was found guilty of professional misconduct after contacting a 24‑year‑old female patient, Patient A, via WhatsApp and Facebook. He had taken her mobile number and address from her patient file and sent her messages, called her, and sent a friend request. Patient A, a primary school teacher with Type 1 diabetes, reported feeling frightened and violated, fearing the nurse might visit her home. She testified that he had spoken to her briefly on the night of 3 October 2015 while she was receiving care. Hategekimana admitted to the misconduct and to non‑compliance with the nursing code of conduct. Sanctions were to be decided later. The nurse's lawyer expressed remorse on his behalf, stating he recognised his mistake and pledged it would not recur.
A 61-year-old woman from Virginia, County Cavan pleaded guilty at Dublin Circuit Criminal Court to stealing approximately €14,000 from Ballyfermot Resource Centre in Dublin during 2011 and 2012. Elizabeth Ingram worked as a bookkeeper at the resource centre for eight years prior to the offences. During a routine audit, financial discrepancies were identified. When confronted by management in June 2012, Ingram admitted taking the money and subsequently provided a bank draft for full repayment. She told gardaí in interviews that she had always intended to repay the funds, which she had taken to cover personal bills by withdrawing small amounts from creche payments over several weeks. She also admitted to stealing €800 from the centre's restaurant. Ingram, who has no previous convictions, has since lost her employment. Judge Melanie Greally adjourned sentencing to October 20th pending a probation report.
The Charleton tribunal, chaired by Mr Justice Peter Charleton, examined whether a social worker, Keara McGlone, was unfairly expected to follow up on a query she sent to Superintendent Noel Cunningham regarding allegations of sexual abuse against Sergeant Maurice McCabe. McGlone had written to Cunningham in August 2013, after receiving allegations from Ms D that were similar to those investigated in 2007, and had provided three phone numbers for contact. Cunningham, who had been on holiday and whose father had died that autumn, did not reply. McGlone, who had 230 other cases and was not aware of McCabe's whistle‑blowing role, had moved to another position by January 2014. Mr Justice Charleton expressed that he was "not impressed with the notion" that the onus was on a social worker to pursue a response that was never received. The tribunal continued its hearing later that afternoon.
The High Court approved a €120,000 settlement in a personal injuries action brought by Seamus Vaughan against Brothers of Charity Services Limerick Ltd and the Health Services Executive. The claim, initiated by his father Patrick Vaughan, alleged that Seamus, who is profoundly disabled, suffered unexplained bruises, blisters, and burns while attending a workshop in Newcastle West. The defendants denied liability for most allegations, admitting fault only for a 2011 fall where Seamus lost two teeth. Mr Justice Anthony Barr approved the settlement without admission of liability for the other incidents, noting significant difficulties in proving the claims due to Seamus's inability to give evidence. The judge acknowledged the family's dissatisfaction with the initial offer but highlighted the risks of a full trial. Seamus's mother stated he had regressed during his time at the workshop but improved after moving to an Enable Ireland facility. The settlement includes costs and resolves the dispute over alleged negligence and lack of care.
In a Dublin District Family Court hearing, a father who had recently served a two‑month prison sentence claimed that his former partner had "brainwashed" their two sons into refusing to see him. He sought joint custody and guardianship so he could visit the children's home without risk of arrest if the mother was intoxicated. The father argued that he had not seen his children for over a year and that the mother prevented visits. Judge Gerard Furlong directed that the boys' views be ascertained, asking counsellor Mary Murtagh to assess them. Murtagh reported that both boys had anxiety and anger issues, with one too traumatised to see the father and the other potentially open to visits under supervision. The father dismissed the counsellor's qualifications and accused the mother of drug use and neglect. The judge adjourned the case to October and advised the father to contact Tusla if he had welfare concerns.
Gary Culhane, 40, from Limerick, pleaded guilty to burglary at The Good Shepherd Church and Parochial House in Churchtown, Dublin, on 15 October 2016. He forced entry through the front door while the priest was away saying mass, ransacking the house and stealing €650, a mix of the priest's own money, collections and the poor box. The neighbouring church office was also broken into but nothing was taken. Garda Aine Bolton, who had received CCTV footage, identified Culhane and arrested him the next day. He admitted to being "stuck for cash," having debts and a chronic drug addiction, and claimed he had found money in the office and in envelopes. He has 97 prior convictions, including burglary, robbery and theft, and has spent 20 years in prison. The court adjourned sentencing to October to allow a probation report to be prepared. The plea in mitigation will be heard on that date.
In a Dublin District Family Court hearing, a mother seeking a safety order was told that she could not be in the same room as her child's father because medical evidence showed that such contact would cause her significant trauma and negatively affect her mental health. Her solicitor, Shehzad Bajwa, presented letters from her GP dated April 2017 and August 2015, both stating that the mother should not have contact with the father and that separate rooms during proceedings would greatly reduce stress. The mother had previously been granted a protection order in June, and the father had given a UK court undertaking in February 2016 to have no contact for three years, which the mother's solicitor argued did not apply in Ireland. The father, who lives in the UK and visits Ireland once a month to look after their child, denied the medical letters.
A clinical psychologist testified at the Disclosures Tribunal on Tuesday that she experienced considerable distress upon discovering she had inadvertently included more serious sexual abuse allegations in a 2013 counselling report concerning Garda Sergeant Maurice McCabe. Laura Brophy, employed by RIAN, a HSE-funded counselling service, told the tribunal that whilst meeting with a client in July 2013, she accurately recorded initial allegations of inappropriate touching. However, when preparing a formal written report following a subsequent session, allegations from an unrelated case involving another client were erroneously included in the document. Ms Brophy stated the error was identified in May 2014 when the original client contacted her. She said she immediately notified her supervisor and relevant authorities, including gardaí at Bailieborough station and the HSE, to request retrieval and correction of the inaccurate report. The tribunal, examining an alleged smear campaign against Sergeant McCabe, is investigating whether State agency files were improperly used by senior gardaí. Ms Brophy's evidence continues.
In July 2017, a Tribunal Judge, Justice Peter Charleton, noted that allegations of child sexual abuse against Garda whistleblower Sergeant Maurice McCabe "came out of the blue" when they were presented to him nine years after the initial claim. Social worker Rhona Murphy testified that a Garda colleague named McCabe as the alleged abuser of his daughter, Ms D. The allegations surfaced after Ms D was referred to social workers for a separate issue in September 2005, and a statement was made to Gardai in December 2006. McCabe was not interviewed by social workers, and a meeting in April 2007 recorded that he should be offered a risk assessment. The DPP decided against prosecution, Ms D disengaged, and the child sexual abuse team closed the case in October 2007. Ms Murphy noted that McCabe had never been met by a social worker regarding the allegations.
Karen Middleton and her six‑year‑old son have been living in a tent outside Carlow County Council's offices since 12 June after the council refused to provide further emergency accommodation. The High Court challenge, presented by barrister David Leonard Bl on behalf of Middleton and her son, seeks an order directing the council to consider their application for emergency homeless accommodation through social housing or other means, and to quash the council's decision that they could reasonably use alternative accommodation until Middleton can rent a property. The action is based on claims that the council's refusal is unlawful, irrational, and breaches constitutional rights and the European Convention on Human Rights. The case was heard by Mr Justice Seamus Noonan, who adjourned it to Wednesday. The court was told that Middleton had previously been offered short‑term B&B accommodation, had staged sit‑ins at the council's offices, and had been arrested by Gardai during one of these protests.
Dublin City Council has initiated High Court proceedings to close a newly-opened bar/restaurant, Roberta's, located on the first floor of Dollard House at Wellington Quay and Essex Street East Dublin 2, until it complies with building regulations. The action, brought under the 1990 Building Control Act, targets Workman's Club Ltd and Keywell Designated Activity Company, alleging they operate the premises without necessary certificates and approvals. Dublin City Council claims the restaurant poses a risk to staff and customers due to non-compliance with fire safety and disability access requirements. Counsel for DCC, Stephen Dodd BL, stated that the restaurant opened after extensive building works and that inspections revealed gaps in fire-resistant coatings, raising concerns about structural integrity. The judge, Mr Justice Seamus Noonan, granted DCC permission to serve short notice on the respondents and adjourned the matter to Friday's sitting of the court. No pleas, findings, sentences, or other finalisations were recorded in the procedural stage of the hearing_or_decision.
In a Dublin District Family Court hearing on 3 July 2017, a single mother was granted a five‑year safety order against her 18‑year‑old son after alleging that he had assaulted her. The mother, a hairdresser, recounted that she had previously obtained a short‑term protection order, which her son tore up and threw at her. She said the incident prompted neighbours to call the Gardaí. The son, who works in a coffee shop and was diagnosed with ADHD as a child, has a history of violent and disorderly conduct, having appeared in Children's Court on several occasions. He was absent from the hearing. The mother explained that his behaviour had strained her relationships, including ending a 12‑year partnership and alienating her parents. Judge Conal Gibbons, noting no indication the situation would de‑escalate, granted the safety order and advised the mother to seek legal counsel and support from Women's Aid.
In a Dublin District Family Court hearing, a mother who had received €30,000 in compensation for an assault was warned by Judge John Lindsay that she would be sent to jail if she failed to pay €30 a week in child maintenance. The judge learned that the mother, who has one daughter with her former partner, owes him more than €2,300 in maintenance. When asked where the compensation money was, the mother replied that it was in her bank statement but not actually in her bank. She explained that she had used the money to pay rent, buy a car, cover her father's funeral costs, and give some to her former partner. She had not brought the requested financial documents to court, and the judge criticised her lack of preparation. The mother, who had previously worked as a carer but is now out of work due to illness, had been ordered to pay the maintenance while unemployed.
In a High Court hearing on 30 June 2017, Mr Justice Paul Gilligan expressed concern about a trend he observed where foreign‑owned funds or their receivers seek to evict occupants on the basis of fire safety. He referred to the case of Targeted Investment Opportunities ICAV (TIO) against a young couple, Sean O'Nuanain and Melanie Mook, who occupy 85‑86 Barrack Street, Cork. TIO, which claims to have purchased the property in December 2014 and registered full ownership in March 2015, seeks an injunction to prevent the couple from staying on the premises, citing an engineer's report that identified fire safety and structural issues. The couple, who are expecting their first child, argue they have a written agreement allowing them to remain, have lived and operated a business there for years, and have made repairs and investments in the property. They fear eviction would leave them homeless.
The High Court appointed Mr Kieran Wallace as provisional liquidator for Wexford Echo Limited, the publisher of the Wexford Echo, Gorey Echo, New Ross Echo and Enniscorthy Echo. The court was told the company is insolvent and cannot pay its debts, with net liabilities of €834,000 at the end of May. Wallace will keep the four titles operating in the hope a buyer can be found, preserving their saleability and preventing any suspension that could prejudice a sale. The company employs 30 people across journalism, advertising, sales, sub‑editing, page production, finance and management. Its directors are Thomas Crosbie, Noel Wall, Daniel Francis Linehan, Thomas Joseph Murphy and Sean O'Keeffe. The company is a member of the Landmark Media Group, which has ceased financial support, leading shareholders to resolve to wind up the company and appoint a provisional liquidator.
Oxigen Environmental Unlimited Company has taken Kollect on Demand Ltd to the High Court over a dispute concerning the collection of waste bins in Waterford City. Oxigen alleges that in 2016 it discovered that Kollect was collecting some of its bins and that, after Oxigen complained, Kollect gave written undertakings not to use Oxigen's bins or waste receptacles. Oxigen further claims that Kollect has been placing stickers bearing its own logo on bins that Oxigen says are its property. Oxigen seeks several injunctions: to prevent Kollect from using its bins or waste receptacles, from placing its stickers on Oxigen‑branded bins, and from asserting any entitlement to use Oxigen bins for waste collection. The judge granted Oxigen permission to serve short notice on Kollect and set a return date in July. Oxigen says the dispute threatens its business and that it has not received a response from Kollect to its cease‑and‑desist request.
In a Dublin District Family Law Court hearing, a young father, escorted by Gardaí, accused the mother of his child of seeking only money and demanded a DNA test. The mother, represented by counsel Jennifer Cuffe, BL, testified that she works full‑time and has various expenses for her baby, and that the father had been abusive, necessitating Garda intervention. Cuffe stated that the father was being asked to pay €100 per week for child maintenance. The father left the courtroom briefly, returned, and reiterated that the mother cared only for money, citing a loan he took for his son's christening, pram, and car seat. Judge Gerard Furlong declined to order a DNA test, citing it as a matter of vengeance, and instead ordered the father to pay €65 per week for child maintenance.
In a Family Law case in Dublin, a judge warned a woman that if she again identified her husband on Facebook she would be in contempt of court. The woman had posted a picture of her husband online with the caption "Now everybody sees your face and you don't hit me anymore." Her husband, who was seeking a safety order, claimed she had threatened to kill him and had posted an "urgent notice" on Facebook labeling him as violent. The judge, Gerard Furlong, reminded the woman that Family Law proceedings are governed by an "in camera" rule, meaning no one may be identified outside court, and that violating this rule can lead to imprisonment. He instructed her to refrain from threatening or posting anything about her husband on the internet.
In a Dublin District Family Court hearing, an elderly father requested and was granted a three‑year barring order against his 27‑year‑old son, whom he described as "extremely violent." The father explained that his son has suffered from mental health issues for over two years and had recently changed his medication for acute anxiety. He claimed that if the son does not take his medication promptly in the morning, he becomes violent. The father expressed fear for his wife's safety and said she was suffering from nerves, adding that he was "extremely worried" about her. He also mentioned that his daughter had recently announced a pregnancy, indicating a desire to look forward. Judge Ann Ryan approved the barring order, citing the father's concerns for his family's safety. The case highlights the court's role in protecting families from domestic violence linked to untreated mental health conditions.
Ryanair has been joined to legal actions concerning the extension of planning permission for the development of a new €320m runway at Dublin Airport. The actions were initiated by the Friends of the Irish Environment Group and 22 individual residents, including those residing at Kilreesk Lane, St Margaret's, Co Dublin, against Fingal County Council's decision on March 7th last year to extend planning permission for the new 3,110 metre runway. The extension was sought by the Dublin Airport Authority, as the August 2007 permission is set to expire in August 2017. The proposed development will occupy 261 hectares north and northwest of the airport terminal. At the Commercial Court, Mr Justice Brian McGovern permitted Ryanair to become a notice party to the actions, which are aimed at overturning Fingal County Council's and the State's decision. Ryanair's Director of Operations, Adrian Dunne, stated the airline has a significant interest in the runway's construction, as it is essential for Ryanair's expansion. The actions are based on allegations that the planning permission decision does not comply with EU directives, including the Habitats Directive, and the 2000 Planning and Development Act, and is unlawful. The proceedings, along with a third action by the St. Margaret's Concerned Residents Group, are scheduled to be heard by the Commercial Court in October.
Promontoria (Arrow) Ltd is seeking a €9.68 million judgment against three former partners of the Bridgeford Partnership—Mr Pat Burke of Dunmore, Mr John Donnelly of Boyne Hill, and Mr John Fleming of Clonskeagh—over an alleged failure to repay a loan advanced in 2009. The fund claims it received a €9.4 million loan from EBS Building Society in February 2009 to restructure an existing debt and provide a capitalised facility, secured by the Bridgeford Bar & Restaurant in Drogheda and a site on Bredin Street. The loan was repayable by February 2011, transferred to National Asset Loan Management Ltd, and later acquired by Promontoria in 2015. In January the fund demanded repayment of the outstanding €9.68 million, including interest, and appointed a receiver over the secured assets.
A business partnership that includes broadcaster Gay Byrne has reached a settlement in its Commercial Court dispute with Launceston Property Finance over loan repayments on a central Dublin investment property. The partnership, known as Firstwood, had originally secured a loan from Anglo Irish Bank in 2000 to purchase a block of offices, retail units and a car park at St Andrew's Lane, Dublin 2. In 2014 the fund acquired the loan, which was due to expire in 2020, and in 2016 issued a demand for full repayment of the €6.7 million outstanding balance, appointing a receiver and threatening that failure to remit rental income within 28 days would constitute a default. Firstwood contested the claim, arguing the loan was fully performing and that the fund had contrived a default. The court heard that the property was valued at €13.55 million in 2014.