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2018-06-01 · Cavan

Bus driver jailed for 15 years for rape of stepdaughter and abuse of children

A Cavan bus driver has been sentenced to fifteen years in prison following conviction for the sexual abuse of three children at the Central Criminal Court. Shane Costello, aged 49, from Hillview, Ballyhaise, was found guilty after trial in March of rape, oral rape and attempted oral rape of his teenage stepdaughter on dates in 2012 when she was between thirteen and fourteen years old. He had pleaded not guilty to two counts of rape, one of oral rape and three of attempted oral rape. Following the jury's verdicts, Costello subsequently pleaded guilty to sexually assaulting two other children on dates between 2001 and 2013. Justice Ní Raifeartaigh imposed nine years and nine months imprisonment for the offences against his stepdaughter, with consecutive sentences for the remaining charges totalling fifteen years. The court heard the stepdaughter, now nineteen, delivered a victim impact statement describing enduring trauma and post-traumatic stress disorder. Costello has previous convictions for assault causing harm from 1998.

2018-06-01 · Dublin

Mum shocked to find gun in garden, murder trial hears

During a murder trial, a mother of five, Sabrina Church, testified that she was shocked when Gardaí investigating the alleged murder of Neil Reilly showed her a gun left in her garden. Church, who was at home with her husband and children on the night of the incident, described the gun as appearing to be a toy and expressed that whoever had left it there had no concern for her family. The trial concerns Paul Bradley (54) and his sons Jason (20), Dean (24) and Ryan (18), who have all pleaded not guilty to Reilly's murder. The prosecution alleges that Reilly fired a shotgun at the Bradley residence, leading to a car chase and his death. The jury has reviewed CCTV footage and forensic evidence linking the gun to the crime. The trial continues before Justice Paul Coffey and a 12‑person jury.

2018-06-01 · Cork

Non-jury court should find Thompson guilty of murder, prosecution submit

In a Special Criminal Court hearing, the prosecution argued that all evidence should lead to a guilty verdict for Frederick 'Freddie' Thompson in the 2016 murder of David Douglas. Thompson, 37, pleaded not guilty. The prosecution highlighted DNA found in two alleged 'spotter' cars, CCTV footage identifying Thompson as a driver, and fingerprints linking him to a Ford Fiesta and a Mitsubishi Mirage. They also cited his history of breaking mobile phones. The defence contended that without proof Thompson was in the Fiesta at the time of the shooting, there was no case. The court rejected a defence application for a not‑guilty verdict, noting the CCTV evidence met the minimum admissibility standard. The judge remanded Thompson in custody until a judgment is delivered on 24 July. The case remains at the trial stage.

2018-06-01 · Dublin

Court refuses to direct not guilty verdict in Thompson trial

In a Special Criminal Court hearing, the defence of Frederick 'Freddie' Thompson, aged 37, applied for a not‑guilty verdict in the murder of David Douglas. The court rejected the application. Thompson, who pleaded not guilty on 1 July 2016, was accused of being involved in a shooting that killed Douglas on Bridgefoot Street. The prosecution presented evidence that Thompson's DNA was found in two cars used in the shooting and that CCTV footage identified him as a driver. Thompson's counsel argued that the evidence was scant, that there was no forensic link to the vehicles, and that the CCTV footage was blurred and flawed. The court upheld the admissibility of the CCTV evidence and declined to alter its earlier decision, with both sides expected to present closing arguments later that day.

2018-05-31 · Limerick

Man jailed for "unmerciful beating" of cyclist loses conviction appeal

Larry McCarthy, aged 37, was convicted by a non‑jury Special Criminal Court of assaulting cyclist David Foran, aged 33, on 25 November 2014 at Cornmarket Villas, Limerick. McCarthy pleaded not guilty but was found guilty of assault and threatening to use unlawful violence. He was sentenced to six years' imprisonment on 31 July 2017. McCarthy appealed in April 2018, challenging the admission of Foran's initial statement under section 16 of the Criminal Justice Act 2006. The appeal argued that Foran's identification of McCarthy was unreliable and that the statement should not have been admitted. The Court of Appeal, presided over by Justice Alan Mahon, rejected the appeal, affirming that the admission of the statement was correct and that McCarthy's conviction remained upheld. No further procedural developments were reported in the article.

2018-05-31 · Dublin

Trial of man accused of violent burglary of pensioner's home hears glove evidence

In a Dublin trial, Adam Marlowe, aged 23, pleaded not guilty to aggravated burglary and assault of an elderly farmer, Malachy Turley, at Kettles Lane, Kinsealy, on 29 July 2016. He also pleaded not guilty to robbing €50 from the 81‑year‑old complainant on the same date. On the second day of the hearing, evidence of a blue latex glove fragment was presented. Garda Kevin Hynes testified that the material was found under clothing on the victim's bed. Vincent Heneghan SC argued that the fragment appeared to be the tip of a glove, suggesting a cut could expose a finger. Hynes could not recall the exact condition of the bed when first entered, and Garda Warren O'Sullivan noted photographs were taken before the search. Garda Thomas Tighe reported finding the material after moving clothing, placing it in a bag, but the evidence was mistakenly labeled under Hynes's name.

2018-05-31 · Dublin

Suspended sentence for youth involved in violent city centre attack

Jason Hennessy, 21, pleaded guilty to violent disorder after attacking Dylan Campbell and Lee Whelan on D'Olier Street in 2015. He was found to have used a hammer and an iron bar, causing a 4‑cm head wound and tendon injury to Campbell. Hennessy later gave Campbell €500 and has attended anger‑management sessions. Judge Cormac Quinn sentenced him to a headline term of three and a half years, reduced to a two‑year suspended sentence due to mitigating factors such as his apology, remorse and age (18 at the time). He must keep the peace for three years, be supervised by the Probation Service for 18 months, and comply with substance‑misuse and victim‑awareness programmes. The court also noted that no victim impact statements were filed and that a bus driver's footage captured the assault. Three other co‑accused received community service or suspended sentences.

2018-05-31 · Dublin

Man to be sentenced over false imprisonment of family

A 26-year-old Dublin man has been remanded in custody pending sentencing at the Special Criminal Court following his guilty pleas to assault and false imprisonment offences. Donal O'Hara, of Glin Park, Coolock, Dublin 17, admitted assaulting John Roche at The Towers, Saggart, County Dublin on June 9, 2015, and falsely imprisoning Martin Byrne at Rathcoole and Saggart. False imprisonment charges against two other individuals were taken into consideration. The court heard that Mr Byrne, a security worker, was brought to an office meeting where multiple men entered and told him he would be removed from his residence by day's end. He was subsequently driven to The Towers in a three-vehicle convoy, where Mr Roche was located and assaulted by five men including O'Hara. Gardaí attended following a resident's emergency call. Forensic evidence linked O'Hara to the assault. The defendant has previous convictions for assault causing harm and aggravated burglary. The three-judge court, presided over by Mr Justice Tony Hunt, ordered a probation report and remanded O'Hara in custody until July 24.

2018-05-31 · Dublin

Jury in murder trial of father and three sons views shotgun found in garden

In the Central Criminal Court, Paul Bradley (54) and his sons Jason (20), Dean (24) and Ryan (18) are on trial for the murder of Neil Reilly (36) at Esker Glebe, Lucan, on 18 January 2017. The defendants plead not guilty. The prosecution alleges that Reilly fired a shotgun at the Bradley home shortly before 4 a.m., leading to a car chase that ended with Reilly being beaten to death by the Bradleys. On the day after the alleged attack, Garda Sergeant Maeve Ward found a shotgun in the garden of a house on Rowlagh Crescent, close to an unlocked white van containing a balaclava. The weapon was identified in court and shown to the jury. The jury also watched CCTV footage of a white van arriving at Liscarne Gardens at 3.51 a.m., leaving, and a second car following. An emergency call at 3.56 a.m.

2018-05-30 · Dublin

Youth viciously attacked teen

Thomas Merrigan, aged 22, was sentenced to 21 months in prison after pleading guilty to two counts of assault causing harm in Sallynoggin on 24 April 2015. The assaults were linked to a dispute over €50 owed for ecstasy pills. Merrigan, intoxicated, cut a large chunk of a 16‑year‑old girl's hair and later punched her 16‑year‑old male friend repeatedly in the head, causing the boy to suffer two seizures and spend five days in the acute care unit of St Vincent's Hospital. The court heard that Merrigan's house contained a substantial quantity of herbal cannabis and plastic bags for drug packaging. He also pleaded guilty to possessing €1,274 worth of cannabis for sale or supply. Judge Martin Nolan described the second assault as "vicious" and at the "middle to high range" of seriousness, and imposed a combined sentence of 21 months for both the assaults and the drug offence.

2018-05-30 · Dublin

Farmer beaten by burglary gang "for small sum of money", trial hears

A Dublin man, Adam Marlowe, 23, is on trial for aggravated burglary and assault of an 81‑year‑old farmer, Malachy Turley, on 29 July 2016. Marlowe pleaded not guilty. Turley, who had retired from farming and allowed horses on his land for €100 a month, was living alone at his family home since 1986. He described how three men in homemade balaclavas entered his house, beat him with bats, a small blade and an imitation gun, and demanded money. Turley was pushed onto his bed, beaten, and left unconscious for up to 30 minutes. He later found €50 missing from his wallet and two small bags of coins taken from his bookshelf. He received five stitches to his hand, bruising, and painkillers. The trial is before Judge Melanie Greally and a jury of eight men and four women.

2018-05-30 · Dublin

Father and three sons go on trial accused of "savage and brutal" murder

In a trial opened on 30 May 2018, Paul Bradley (54) and his sons Jason (20), Dean (24) and Ryan (18) of Liscarne Gardens, Dublin 22, denied murdering Neil Reilly (36) at Esker Glebe, Lucan, on 18 January 2017. Prosecutor Paul Murray SC presented evidence that Reilly fired a shotgun at the Bradley home around 4 a.m. The accused were present and allegedly chased Reilly in a jeep and a BMW. Gardai were alerted and later found the vehicles returning to the house. Reilly was pursued to Esker Glebe, where a Mazda crashed and he was left for dead. A pathologist's report recorded seven blows with a chopping implement, two to the head and five to the body, plus severe crush injuries to the pelvis. The prosecution argued the accused were willing, knowing participants in a joint enterprise to murder Reilly. The jury was instructed to decide solely on the evidence presented in court. Paul Bradley pleaded not guilty.

2018-05-30 · Limerick

Youth jailed for five years over 11-hour "rampage" at detention centre

Jack Walsh, 19, was sentenced to five years in prison at Dublin Circuit Criminal Court for his role in an 11-hour disturbance at Oberstown Children's Detention Campus on August 29, 2016. Walsh pleaded guilty to violent disorder and two charges of criminal damage, admitting he was present during the incident which caused €3 million in damage. Judge Martin Nolan suspended the final two and a half years of the sentence, ordering Walsh to be of good behaviour for that period. The sentence was backdated to May 2. Three other youths, Clayton Brennan, Nathan Ginty, and Luke Cronin, also pleaded guilty to arson, criminal damage, and violent disorder. It was accepted that Cronin's plea was based on adding fuel to the fire rather than starting it. Brennan had seven previous convictions and was on remand; Ginty had 22 previous convictions. A 17-year-old defendant, who also pleaded guilty to the same charges, had 22 previous convictions and was on remand. The cases of Brennan, Ginty, Cronin, and the 17-year-old were adjourned for sentence to Friday, June 1. The court noted the youths had destroyed or attempted to destroy the institution, with the judge describing the event as a frightening rampage.

2018-05-30 · Dublin

Non-jury trial of Hutch murder accused set to open next week

The Special Criminal Court will hold a non‑jury trial next week for Thomas Fox, Regina Keogh and Jonathan Keogh, who are accused of murdering 35‑year‑old Gareth Hutch. Hutch was shot outside his Dublin home on 24 May 2016. The trial, originally scheduled for this afternoon, was adjourned to Tuesday morning after additional evidence was presented. The accused remain remanded in custody. The hearing will be presided over by Mr Justice Tony Hunt, with Judges Patricia Ryan and Michael Walsh.

2018-05-18 · Ireland

Callinan tells tribunal he "never sought to discredit" McCabe

Former Garda Commissioner Martin Callinan told the Charleton Tribunal on Friday that he never sought to discredit Sergeant Maurice McCabe. Mr Callinan denied directing press officer Superintendent David Taylor to brief media negatively about the whistleblowing sergeant. He also denied attempting to undermine the Public Accounts Committee following a hotel car park meeting with its chairman after giving evidence on the penalty points controversy. The tribunal is examining allegations that Mr Callinan instructed Superintendent Taylor to damage Sergeant McCabe's reputation. Mr Callinan said he was concerned about a serving garda appearing before the committee and confidential information becoming public. He acknowledged learning of a 2006 allegation against Sergeant McCabe only when the tribunal provided him with the Director of Public Prosecutions' direction not to prosecute, which deemed the matter did not constitute assault. The proceedings continue this afternoon.

2018-05-18 · Dublin

"I am facing life anyway": Murderer held "shiv" to his barrister's throat in escape attempt

Sean Ducque, 34, a convicted murderer serving a life sentence for the 2014 killing of Kieran Farrelly, was sentenced to eight years for an escape attempt on 8 June 2017. While in a Dublin courthouse cell, he concealed a jagged perspex "shiv" in his trousers and threatened his female barrister, demanding release or she would be killed. He used her as leverage, grabbing her from behind and placing the weapon against her throat, then shouted at prison officers to drop the shiv. A violent struggle ensued, during which Ducque tried to stab an officer and bite another. Two officers and two gardai were injured; all suffered stress and trauma. The barrister, who had been discussing the case with him, escaped the cell and later gave a victim impact statement detailing panic attacks, nightmares and lasting fear. Sean Ducque pleaded guilty.

2018-05-17 · Dublin

Suspended sentence for man who attacked wife after she discovered his affair

In a Dublin Circuit Criminal Court case, 43‑year‑old carpenter David McKeon pleaded guilty to assaulting his former wife, Caroline McKeon, on 22 May 2015. The assault occurred in their family home after both had drunk three bottles of Heineken each. McKeon discovered his affair from his phone, grabbed Caroline by the waist, pushed her onto the couch, strangled her, slammed her onto tiles and kicked her lower spine. Witnesses, including their children, saw the injuries. The court found psychological and physical harm, including scarring on Caroline's nose, and noted the aggravating factor of the children's presence. McKeon received an 18‑month suspended sentence, was ordered to pay €10,000 to his former wife, to comply with structured arrangements for child access, and to be supervised by Probation Services for 12 months. He has no prior convictions except minor traffic matters.

2018-05-17 · Dublin

Care worker who avoided prison for sexually assaulting vulnerable residents and posting video to facebook is jailed

Peter Hilliard, 54, of Tallaght, was convicted of sexually assaulting two vulnerable residents in a nursing home in Rathfarnham between February 2013 and June 2016. He pleaded guilty at Dublin Circuit Criminal Court. In June 2016 a colleague saw a Facebook video of Hilliard assaulting an elderly resident; Hilliard had recorded the assault with a mobile phone and uploaded the video, claiming he had only a few hours of sleep and had "mistakenly" posted it. He received an 18‑month suspended sentence from Judge Karen O'Connor on 24 October 2017. The Court of Appeal, hearing the case before Justices John Hedigan, George Birmingham and Alan Mahon, found the sentence "unduly lenient" and re‑sentenced him to 12 months imprisonment, with the final six months suspended. The victims were patients with profound intellectual disabilities, one with advanced dementia and the other with limited awareness of the assault.

2018-05-17 · Dublin

Man convicted of raping woman he met on dating app

Martin Sherlock, a 30‑year‑old business analyst from Athlumney Wood, Navan, was convicted by the Central Criminal Court of raping a woman he met on the dating app Badoo. The alleged offence occurred on 14 August 2015 at the victim's Dublin home. Sherlock had pleaded not guilty. The jury, after more than five hours of deliberation, found him guilty. The court remanded him on continuing bail until 18 June. The victim, aged 27, testified that she had met another man on Badoo and had sex with him because Sherlock had not confirmed their meeting. She then agreed to meet Sherlock for a chat, but when he arrived she refused sex without a condom. She reported that he ignored her repeated "no" and "stop" requests, continued to have oral and penetrative sex, and ejaculated. She also claimed he stole her phone after the assault.

2018-05-17 · Dublin

"Frenzied knife attack" victim jailed for kicking attacker in head after security had pulled him to ground

Dary Sharif, aged 24, was sentenced to two-and-a-half years in prison, with the final 18 months suspended, for violent disorder after a knife attack at a Luas stop on 5 April 2015. Sharif was stabbed 14 times by two men, one of whom was Daryl Smith, 26, who later required brain surgery. Security staff pulled Smith to the ground, and Sharif, along with two other co‑accused, kicked Smith while he lay helpless. The court considered Sharif's claim of lawful self‑defence, noting he had been severely provoked and had suffered a frenzied knife attack. Judge Cormac Quinn set a headline sentence of four years but reduced it due to mitigating factors, including Sharif's rehabilitation efforts and good behaviour. The sentence reflects the incident's violent nature and the court's assessment of self‑defence and aggravating circumstances. Dary Sharif pleaded guilty. Daryl Smith pleaded guilty.

2018-05-17 · Dublin

Paramedic loses appeal against sex abuse conviction

John Devereux, a former HSE paramedic and volunteer ambulance driver, lost an appeal against his conviction for the repeated sexual assault of a nine‑year‑old child. In 2012 and 2013, he was charged with ten counts of sexual assault. A jury at Dublin Circuit Criminal Court acquitted him of seven counts but found him guilty of three. He was sentenced to three‑and‑a‑half years' imprisonment, with the final year suspended. Devereux's lawyers argued that the trial judge should have directed the jury to find him not guilty because the prosecution had not cross‑examined him after he gave evidence. Judge Birmingham rejected this claim, noting that the prosecution had cross‑examined Devereux over two court sessions before and after lunch, and that there was no obligation to formally present the prosecution's case to him. The Court of Appeal dismissed all grounds of appeal, finding no evidence of an unfair trial or an unsafe verdict.

2018-05-17 · Cork

Prosecution closes case in Freddie Thompson murder trial

The prosecution has closed its case in the Special Criminal Court murder trial of 37‑year‑old Frederick "Freddie" Thompson, who pleaded not guilty to the July 2016 killing of 55‑year‑old David Douglas on Bridgefoot Street. The 10‑day trial heard that Douglas was shot six times shortly after 4 pm while taking a break at his partner's shop, Shoestown. A semi‑automatic pistol with its serial number removed was found beside Douglas's head. The prosecution did not argue that Thompson fired the shots, but the judges heard that his DNA was found in two alleged "spotter" cars used in the shooting and that CCTV footage identified him as the driver of one of those cars. Witness testimony described a silver Mercedes and a silver Suzuki involved in the escape, and CCTV footage showed Thompson leaving a Ford Fiesta on Meath Street and handing a key to a woman at a stall.

2018-05-17 · Dublin

Man who harassed Sharon Ní Bheoláin is jailed for three years

Conor O'Hora, 41, of Portmarnock, was sentenced to three years in prison for harassing RTÉ newsreader Sharon Ní Bheoláin and for three counts of possessing child pornography. He pleaded guilty to harassing Ní Bheoláin between March 2013 and January 2014, which involved posting over 30 altered photographs of her on a website and engaging in 40 sexually explicit and violent online conversations. He also pleaded guilty to knowingly possessing child pornography on a mobile phone and a computer hard drive, with 93 images of children aged eight to 17 found on his devices. Judge Martin Nolan imposed a four‑and‑a‑half‑year sentence, suspending the final 18 months, and ordered O'Hora not to contact Ní Bheoláin. He was also required to keep the peace and be of good behaviour for 18 months under probation supervision. The court noted his cooperation with Gardaí and his efforts at rehabilitation. The co‑accused received an 18‑month suspended sentence earlier this year.

2018-05-17 · Dublin

18.5 years in jail for dangerous, "brutal" sex attacker

A 34‑year‑old man was sentenced to 18½ years in prison for three pre‑meditated, brutal sex attacks on women in Clondalkin, south Dublin, in 2011, 2015 and 2016. The judge described the attacks as primal and brutal, noting an escalation of violence. The first attack occurred late at night on 11 September 2011, when the victim was sexually assaulted and repeatedly punched. The second, on 3 September 2015, involved a leather belt, duct tape and a sexual assault. The third, on 16 May 2016, took place in daylight; the attacker used a hunting knife and the victim sustained injuries to her fingers. The judge imposed consecutive sentences of eight years, nine and a half years and five years, suspending the final four years on completion of sex‑offender programmes. A nine‑year post‑release supervision period was also imposed. The man has been in custody since his arrest in June 2016.

2018-05-16 · Dublin

Thompson was warned court could draw inferences from 'no comment' interview

In the Special Criminal Court, Frederick 'Freddie' Thompson, 37, pleaded not guilty to the 2016 murder of David Douglas. The court heard that Thompson had been warned that his refusal to explain his presence in two alleged 'spotter' cars could lead to inferences used as corroboration. He gave a 'no comment' reply to questions about his possession of a silver Ford Fiesta, a key, a mobile phone, DNA evidence on an air freshener and hand sanitiser, and his presence in a blue Mitsubishi Mirage. The judges rejected a defence application to exclude private CCTV footage, stating that the cameras did not breach his constitutional right to privacy. The trial continues before Justice Tony Hunt, Judge Flann Brennan and Judge Gerard Griffin.

2018-05-16 · Dublin

Former garda press officer says he shouldn't have been put in police cell

In a Charleton tribunal hearing, former Garda press officer Superintendent David Taylor denied that he was directed by former Commissioner Martin Callinan to brief journalists negatively about Sgt Maurice McCabe's 2006 sexual‑assault allegation. Taylor said he had been instructed to mention that McCabe was motivated by revenge and that the allegation was a "smear campaign." He claimed he had clarified to reporters that the DPP had not prosecuted the case and that the narrative was "there was no smoke without fire." Taylor also testified that the campaign ended when Callinan left office and that he had been moved from the press office to the traffic division, a transfer he described as a "fall from grace." He argued that he should not have been placed in a police cell after an inquiry into Garda leaks, stating he was not a flight risk and that custody was unnecessary. No other Garda officials confirmed Callinan's alleged direction.

2018-05-16 · Cork

Claim to constitutional privacy right over CCTV images "borders on the absurd", court rules

The Special Criminal Court ruled that Frederick 'Freddie' Thompson's claim of a constitutional right to privacy over CCTV footage was "bordering on the absurd." The court was hearing a defence application to exclude private CCTV footage that the State said linked Thompson to the murder of shoe shop manager David Douglas on 1 July 2016. Thompson, 37, pleaded not guilty. The prosecution presented evidence that Thompson's DNA was found in two alleged 'spotter' cars used in the shooting and that CCTV footage identified him as a driver and as walking across Meath Street that afternoon. The court rejected the argument that the footage breached Thompson's privacy, noting that the cameras merely recorded eye‑witness activity and that the State's interest outweighed any expectation of privacy. The judges declined to rule the evidence inadmissible, and the trial continues before Justice Tony Hunt, Judge Flannan Brennan and Judge Gerard Griffin.

2018-05-15 · Mayo

Son who murdered mother while high on drugs fails in conviction appeal

A man from Castlebar, County Mayo, has failed in his appeal against a murder conviction at the Court of Appeal. The 25-year-old was sentenced to life imprisonment in February 2014 for the death of his mother on March 9, 2011. He had admitted manslaughter but pleaded not guilty to murder. During his trial at the Central Criminal Court, evidence emerged concerning his long-standing substance abuse and intoxication at the time of the killing. His defence centred on arguments of diminished responsibility and an inability to form the necessary intent due to drug use. A jury unanimously rejected these submissions and returned a guilty verdict for murder. The Court of Appeal, presided over by Mr Justice John Edwards, found the trial satisfactory and the conviction safe. The court considered the trial judge's instructions to the jury adequate despite submissions regarding the handling of intoxication evidence. The appeal was dismissed.

2018-05-15 · Cork

12-year jail term for man who raped and twice impregnated step-daughter is upheld

In a Cork case, a 70‑year‑old man was convicted of raping his step‑daughter from age 11 to 16, impregnating her twice in the 1970s. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The victim, now 53, testified that the man forced her into sexual acts three or four times a week, often when her mother was away, and that he abused her on Sunday evenings. He was also an alcoholic who spent his mother's money. The Court of Appeal upheld a 12‑year sentence, with the final two years suspended, after the man's appeal against a 14‑year sentence was dismissed. The appeal was rejected on the basis that the judge's assessment of the offence's severity was justified and that the mitigating factors had been adequately considered. The man had already served four years for indecent assault of the victim's siblings. The appeal was dismissed by a three‑judge panel.

2018-05-15 · Kilkenny

"This is a 100 per cent insult": convicted killer after court upholds 13-year sentence for life-threatening sex attack

Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."

2018-05-14 · Dublin

Additional Brexit case referred to European Court of Justice

A High Court judge has referred an extradition case to the Court of Justice of the European Union to determine how Brexit will affect the transfer of suspects to the United Kingdom. The man, arrested in Dublin over two years ago, faces charges of murder and rape in Northern Ireland. Ms Justice Aileen Donnelly granted the referral request made by counsel for the Minister for Justice, finding the matter bound up with issues of mutual trust between jurisdictions. Eight additional cases involving men sought by UK authorities were considered at the same hearing. In February, the Supreme Court had similarly referred another extradition matter to the CJEU, concerning a Roscommon man wanted in connection with a substantial tax fraud allegation in the UK.

2018-05-14 · Dublin

UK man targeted "neglected" girls for rape and abuse

A 37‑year‑old UK man was found guilty by a Dublin jury of three counts of rape and eight counts of sexual assault against two girls aged 10 and 12 when they were neglected by their mother. The man, a family friend, moved the family into his home in an upmarket area of Dublin and later to Louth, where he sexually assaulted both girls, including in bed at night and in a hotel room. UK and Irish social services intervened, and the children were placed in foster care. The man fled to Chile in 2011, was extradited from the United States in 2014, and was released on bail before being remanded. The trial lasted 12 weeks, and the jury returned a unanimous verdict after three hours. The girls, now 17 and 19, gave victim impact statements describing the abuse and its lasting effects. The case will return to court on 20 June for a plea of mitigation.

2018-05-14 · Dublin

Rickshaw driver sexually assaulted woman in hostel

Pedro Miguel Dos Santos E Silva, a 25‑year‑old Brazilian rickshaw driver, was sentenced to 18 months' imprisonment for sexually assaulting a Dutch student at a Dublin city centre hostel on 20 January 2018. The victim, who was returning from a night out, was approached by Dos Santos E Silva as she tried to enter her room. He initially offered to help her but then took her key, removed her hat and scarf, and entered the female toilets. He attempted to kiss her, remove her jeans, and expose himself, eventually placing his penis in her face. The assault ended when the victim became distressed. Gardaí found a small amount of MDMA in his bag and he was believed to have been under its influence. He had no prior Irish convictions and had lived in the hostel for four days before the incident. The 18‑month sentence was back‑dated to his first arrest in January. Pedro Miguel Dos Santos E Silva pleaded guilty.

2018-05-14 · Dublin

Private CCTV footage illegally created, defence tell Thompson trial

Frederick 'Freddie' Thompson, aged 37, has pleaded not guilty to the murder of shoe shop manager David Douglas, who was shot six times on Bridgefoot Street on 1 July 2016. The Special Criminal Court heard that Thompson's DNA was found in two alleged 'spotter' cars used in the shooting and that he was identified in CCTV footage as the driver of one of those cars. Thompson's barrister, Michael O'Higgins SC, argued that the private CCTV footage used by the State was unlawfully created by property owners who had not registered their systems with the Data Protection Commissioner and had no warning signs. He claimed the footage breached Thompson's right to privacy and should be deemed inadmissible. Prosecutor Sean Gillane SC countered that no legal authority supports such an argument and that there is no reasonable expectation of privacy in the circumstances. The judges will decide tomorrow.

2018-05-14 · Waterford

Date set for Waterford retrial

Tadhg Butler, 37, of Seafield House, Tramore, Co. Waterford, faces a retrial for the murder of Michael O'Dwyer on 10 January 2014. After a hung jury in the previous trial, Mr Justice Patrick McCarthy of the Central Criminal Court scheduled the retrial for 27 May 2019.

2018-05-11 · Dublin

Man "terrorised" 16-year-old boy and family over "drug debt"

Alan Long, aged 27, was sentenced to five years' imprisonment for terrorising a 16‑year‑old boy and his mother over a drug debt. He pleaded guilty to trespass and theft, assault and demanding money with menaces at the victim's Kilbarrack home on 18 and 19 October. Long repeatedly visited the house, demanding €8,000, then €4,000, and took items including a flat‑screen TV, a suitcase of clothes and a Nintendo system. He assaulted the boy in the kitchen and threatened the mother with a headstone if she did not pay. The mother, who had been too afraid to contact Gardaí, made a formal statement after the incidents. Long had 10 prior convictions and had been in custody since his November arrest. The victim impact statement described ongoing fear, stress, anxiety and depression. The court noted Long's remorse and traumatic background. The sentence was imposed by Judge Martin Nolan.

2018-05-11 · Tipperary

"Die you bastard, die": youth left man with "fate worse then death" after savage attack

In 2014, 21‑year‑old Graham Meagher of Kilcaroon, Clogheen, pleaded guilty to assault causing serious harm to 66‑year‑old PJ Kelly at Meagher's home. Meagher struck Kelly with a poker stand, shouting "die you bastard, die," resulting in severe brain damage that left Kelly unable to communicate and now in residential care. Meagher was sentenced to eight years' imprisonment, with the final two years suspended, by Judge Thomas Teehan in 2016. On 11 May 2018, the Court of Appeal dismissed Meagher's appeal, confirming the sentence as appropriate for a serious assault. The appeal court noted the assault was out of character for Meagher, who had no prior violent convictions, and that the victim's injuries were devastating and life‑altering. The decision upheld the original eight‑year term with two years suspended.

2018-05-11 · Dublin

Defence suggest even Thompson's "own mother" wouldn't identify him from CCTV image

During the Special Criminal Court trial of 37‑year‑old Frederick 'Freddie' Thompson, Detective Garda Seamus O'Donovan gave recognition evidence that Thompson was the driver of a "spotter" vehicle in the 2016 murder of shoe shop manager David Douglas. O'Donovan identified Thompson in three CCTV clips taken on the day of the shooting, showing a bearded driver of a Ford Fiesta, one of the alleged spotter cars. The prosecution does not claim Thompson fired the shots; instead, his DNA was found in two spotter cars. O'Donovan also recounted his prior investigation of Thompson in a 2013 violent disorder case at Morrissey's Pub and his involvement in Thompson's extradition from Holland. The defence, led by Michael O'Higgins SC, challenged the admissibility of the CCTV evidence, arguing the footage was insufficient for reliable identification. The court heard the dispute and will consider submissions before Judge Tony Hunt and the other judges. The unnamed 37-year-old pleaded not guilty.

2018-05-11 · Limerick

Woman who seriously assaulted "vulnerable" recovering crash victim has sentence cut

In Limerick, Melissa Whelan, aged 27, pleaded guilty to assault causing serious harm to Wayne Fitzgerald, a recovering road crash victim, on 6 May 2015. She was originally sentenced to 12 years' imprisonment, with the final three years suspended, by Judge Tom O'Donnell. On appeal, the Court of Appeal reduced her jail term by 18 months, citing mitigating factors. The Court held that the mitigating factors warranted a greater reduction than the 25% originally applied. The final sentence was 12 years' imprisonment, with four and a half years suspended, leaving a net jail term of seven and a half years. The case involved a house party where Whelan struck Fitzgerald with a bottle, punched and kicked him, and dragged him outside, where he was found unconscious the next morning. Fitzgerald suffered severe brain injury, required surgery, and was left with significant impairments in speech, swallowing, and memory.

2018-05-10 · Dublin

"Menace to society" driver jailed after hitting cyclist while high on drink and drugs

Stephen Collins, 27, a disqualified driver with 85 prior convictions, was jailed for five years after an intoxicated, high‑speed crash on Davitt Road, Dublin. While under the influence of alcohol and drugs, Collins struck a cyclist who was turning right at a green light, sending her airborne and causing a cut to her forehead. He then lost control, hit the wall of The Marble Arch Pub, collided with a curb, and head‑on struck another vehicle, injuring its driver. Collins fled the scene, leaving the injured parties behind. He pleaded guilty to reckless endangerment and failure to assist. Judge Martin Nolan, noting Collins' long history of offences and lack of respect for traffic law, imposed the sentence and a ten‑year driving disqualification. The incident remains a significant incident of road‑traffic violence in Dublin.

2018-05-10 · Dublin

Det Sgt identifies "Freddie" Thompson in alleged "spotter" car used in shooting

During the non‑jury Special Criminal Court hearing on the murder of David Douglas, Detective Sergeant Adrian Whitelaw identified Frederick 'Freddie' Thompson, 37, as the man in one of four alleged 'spotter' cars used in the shooting. Whitelaw testified that he had seen a photograph of himself with Thompson a few months earlier and that Thompson's DNA had been found in two of the cars. He also identified Thompson in CCTV footage from Little Caesar's Restaurant and from a stall on Meath Street, describing him as wearing a dark top and a black baseball cap. Whitelaw could not identify the two females in the footage. The trial continues before Mr Justice Tony Hunt, with Judges Flannan Brennan and Gerard Griffin presiding. Thompson has pleaded not guilty to the murder.

2018-05-10 · Limerick

Chronic addict who violently robbed recovering heart patient loses appeal

Rebecca McNamara, aged 22, of Castlerock, Castleconnell, Co Limerick, was convicted of violently robbing a man in his 60s who had recently undergone heart surgery. On 14 May 2016, McNamara and her then boyfriend, who was also charged, robbed the victim of €200 and a Nokia mobile phone on Davis Street. The victim, described by the Circuit Court judge as an "easy target", was walking two miles a day as part of his rehabilitation. McNamara was sentenced by Judge Tom O'Donnell on 30 March 2017 to five years' imprisonment, with the final year suspended. She appealed, but the Court of Appeal, in a three‑judge panel led by Mr Justice John Hedigan, dismissed the appeal, stating that the sentencing judge had acted within the acceptable range of five to seven years. The appeal was therefore rejected. The case highlights the seriousness of the assault on a vulnerable, recovering patient. Rebecca McNamara pleaded guilty.

2018-05-10 · Ireland

Man who sexually assaulted daughter of family friend loses appeal

A 43‑year‑old man was convicted of four counts of sexual assault against a girl aged between ten and fourteen, committed between 2004 and 2007 while he was visiting her home. The assaults included touching her breasts and vaginal area, and in one instance inserting fingers into her vagina. The victim, who left home early and had to mature quickly, said the abuse forced her to excel in school as a way out. The appeal was partly based on the victim's recollection of abuse during a 2006 Brazil World Cup mid‑week game, but the Court of Appeal dismissed the appeal, noting that the man could have visited the victim's home during that period and that bank‑card records did not prove he was working. Mr Justice Paul Coffey sentenced the man to three‑and‑a‑half years in prison, with the final year suspended on the condition that he attend a sex‑offender treatment programme while incarcerated.

2018-05-09 · Dublin

Pair admit to having Luger pistol

Gary Gleeson (34) and Stephen Dunne (39) pleaded guilty before the Special Criminal Court to possessing a 9mm Luger semi‑automatic pistol and 10 rounds of 9mm Sellier and Bellot ammunition with intent to endanger life. The offence occurred at Naas Road, Crumlin on 7 August. Dunne, who lives on Meile an Ri Drive, Lucan, and Gleeson, of Muskerry Road, Ballyfermot, had earlier faced conspiracy to murder charges involving Michael Frazer. Judge Tony Hunt, with Judges Gerard Griffin and Flann Brennan, remanded them in custody for a sentence hearing on 22 June, allowing time for report preparation.

2018-05-09 · Dublin

Bench warrant issued for man convicted of sexually assaulting child

A 24‑year‑old Dublin man was found guilty by a unanimous jury of 14 counts of sexual assault against a child aged five to eight, involving touching the girl's chest, genitals and placing his head and mouth in her genital area. The trial, held over four days, heard evidence of the offences at two Dublin locations between June 2008 and October 2011. The defendant failed to appear at the Central Criminal Court for the verdict. Judge Patrick McCarthy issued a bench warrant and ordered sentencing in his absence on 25 June 2018. The unnamed man pleaded not guilty.

2018-05-09 · Cork

Date set for rubbish chute murder retrial

A 31‑year‑old Cork man, David O'Loughlin, is scheduled for a retrial on 15 January next year for the murder of 59‑year‑old Liam Manley, who was killed on 12 May 2013 at Garden City Apartments, North Main Street, Cork. The case was set by Mr Justice Patrick McCarthy.

2018-05-09 · Dublin

Man who attacked partner and tried to suffocate her with underwear is committed to CMH

Tomas Gajowniczek, 37, of Dublin 8, was found not guilty by reason of insanity for the attempted murder and serious harm of his former partner Alicja Kalinowska, 30, on 16 June 2016. The jury heard that he repeatedly punched her, stuffed underwear in her mouth, held her nose, beat her with a hammer and gouged her eyes. He also forced her to drink a bottle's contents. Kalinowska said she passed out and awoke when a neighbour knocked. Dr Paul O'Connell, a consultant psychiatrist, interviewed Gajowniczek on 3 May and noted his long‑standing headaches, limb pains, and delusional beliefs that Kalinowska was poisoning him and that the assault was being discussed on the radio. He described Gajowniczek as having persecutory beliefs and paranoid schizophrenia with a delusional disorder. Under Section 5 of the Criminal Law Insanity Act, Justice McCarthy committed Gajowniczek to the Central Mental Hospital for ongoing treatment, with review and possible release under Section 13.

2018-05-08 · Dublin

Victim dropped complaint against serial sex abuser after advice from garda, court hears

Patrick O'Brien, aged 78, pleaded guilty to 15 counts of sexual assault, including oral and anal rape of a 13‑year‑old boy, and three counts of gross indecency. The offences occurred at his home in Knocklyon Road, Templeogue, Dublin, and other city locations between April 2002 and December 2003. O'Brien, a former Church of Ireland lay worker, is serving a 13‑year jail term imposed in 2016 for raping and molesting 14 boys over 40 years. In 1989 he received a suspended sentence for assaulting a ten‑year‑old boy in 1982. The victim first complained in 2002, but the complaint was withdrawn in 2010 after a Garda advised him not to pursue charges. The Garda later advised the victim again in 2016, leading to a second file to the DPP and subsequent prosecution. The court heard that the victim had accepted gifts from O'Brien during the abuse and felt he might be held responsible.

2018-05-08 · Louth

Jury should've been allowed consider provocation defence at woman's murder trial, court told

In a 2018 Court of Appeal hearing, lawyers for Paula Farrell, aged 44, argued that her jury should have been allowed to consider a provocation defence in her murder trial. Farrell, who lives in Rathmullen Park, Drogheda, had been convicted of murdering her partner, Wayne McQuillan, aged 30, on 1 January 2014. The Central Criminal Court found her guilty after 3½ hours of deliberation, and she received a mandatory life sentence on 17 July 2015. Her defence team, led by Caroline Biggs SC, claimed that Farrell had been provoked by McQuillan's violent behaviour and that she suffered a sudden loss of self‑control, citing evidence from Garda interviews and her own statements. The trial judge had rejected provocation as a viable defence, citing a lack of rational basis. The Director of Public Prosecutions, Gerard Clarke SC, countered that all evidence relevant to provocation was also relevant to other defences and was rejected by the jury. Paula Farrell pleaded not guilty.

2018-05-08 · Dublin

Jail for unprovoked, "savage" daytime attack on Henry St

In 2018, Martin Maughan, aged 21, was sentenced to 18 months in jail for an unprovoked assault on Simon Cornish on Dublin's Henry Street in 2016. Maughan struck Cornish, a probation officer, causing a fractured facial bone and a detached retina, leading to surgery and permanent implants. Maughan pleaded guilty to one count of assault causing harm. He had 15 prior convictions, including robbery and criminal damage. The judge, Martin Nolan, imposed a three‑year sentence with the final 18 months suspended, citing the long‑term consequences for Cornish and the lack of provocation. Mitigating factors included Maughan's cessation of alcohol and drugs, his involvement with Focus Ireland, and his impending fatherhood. Maughan paid €2,000 to Cornish and presented a letter of apology. The court noted the emotional impact on both parties, with family members crying during sentencing. The case remains at the Dublin Circuit Criminal Court stage.