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2017-07-27 · Dublin

Pair who unwittingly stole necklaces worth €22k during serious, unprovoked attack are jailed

Two Dublin men, Jordan Carthy, 22, and Shane Walsh, 18, were sentenced to three and a half years in prison for assault causing harm and robbery of two necklaces worth €22,000. The incident occurred on 9 September 2016 at Dame Lane, Dublin 2, when the men attacked Richard Bergin, took his bag, and stole the necklaces. CCTV footage showed the men kicking and stamping on Bergin, with Carthy taunting him. Bergin suffered a broken nose and head bruising. Both men pleaded guilty. Judge Karen O'Connor, after viewing the footage, imposed the custodial sentence and suspended the final 20 months, citing the men's remorse. Each was ordered to pay €1,000 to Bergin as a practical expression of remorse. The men were intoxicated at the time of the assault and had prior convictions. The case was heard in the Dublin Circuit Criminal Court.

2017-07-27 · Dublin

Pensioner returned to jail for sexual abuse

An unnamed 72‑year‑old Dublin man, previously jailed for indecently assaulting two brothers, returned to prison to serve a further year for a similar abuse of a third brother. He admitted to inviting a then‑seven‑year‑old boy into his bed when alone and rubbing his penis against the child's naked backside. He pleaded guilty to six counts of indecent assault between September 1981 and October 1982. In 2012 he received a four‑year sentence for the earlier offences, with the final three years suspended. The judge noted the seriousness of the breaches of trust, the man's guilty plea, remorse and the late complaint. The prosecution presented a victim impact statement describing the man's lifelong emotional damage and alcoholism, and the court considered his prior sentence and age in imposing the current term. The man was arrested in May after the victim's formal complaint. The sentence reflects the court's view of the repeated nature of the offences.

2017-07-27 · Dublin

Non-jury court to rule on Freddie Thompson's bid to have murder charge dismissed

In a Special Criminal Court hearing, Frederick "Freddie" Thompson, aged 36 and residing on Loreto Road, Maryland, Dublin 8, applied for the non‑jury court to dismiss a murder charge. The charge concerns the killing of David Douglas, 55, on Bridgefoot Street, Dublin, on 1 July last year. Michael O'Higgins SC represented Thompson, while Sean Gillane SC represented the prosecution. Justice Isobel Kennedy, presiding, announced that the court would rule on the application on 31 August.

2017-07-26 · Dublin

Inmate headbutted prison officer after complaining his cell had no TV

Glen Conroy, aged 29, was sentenced to an additional 18 months in prison for assaulting a prison officer at Mountjoy Prison on 20 March 2013. Conroy, who was already serving a six‑year sentence for aggravated burglary and had 57 prior convictions, had complained that his new cell lacked a television. Prison officer Paul Brady promised to arrange a TV, but Conroy lunged at him, head‑butting him and punching him in the face. Conroy resisted restraint attempts by other officers and was brought to the ground by three officers. Officer Brady suffered facial injuries and was out of work for a month. The Dublin Circuit Criminal Court, after a three‑day trial, imposed the 18‑month term to be served consecutively to Conroy's existing sentence. The court noted Conroy's long history of violent offences and his limited time at liberty over the past 15 years.

2017-07-26 · Galway

Father to be sentenced for rape of daughter

A 65‑year‑old Galway man, whose identity is withheld to protect his daughter's anonymity, will be sentenced on 13 November for raping his daughter and threatening her mother with a shotgun. He denied one count of rape and six counts of sexual assault that took place between August 1991 and August 1993. A jury at the Central Criminal Court found him guilty on all charges after just under three hours of deliberation. The offences occurred in the family home where the victim lived with her parents and three siblings. The complainant, who was about nine or ten when the first incident occurred, described her father entering her room drunk, using a shotgun, removing her underwear, molesting her for a few minutes, and threatening to shoot her mother if she reported the abuse. She reported similar incidents on six to eight further occasions, including a brief rape attempt, a slap, and repeated threats.

2017-07-26 · Donegal

High Court to decide on extradition of man wanted in connection with murder of NI prison officer

A 40-year-old man arrested in County Donegal is awaiting a High Court decision on his extradition to Northern Ireland. Damien Joseph McLaughlin, with an address in the Glenties area, was detained last March under a European Arrest Warrant in connection with the 2012 murder of prison officer David Black. He faces allegations of aiding and abetting in the killing, which occurred on the M1 motorway, along with charges related to possession of an article for use in murder, preparation for acts of terrorism, and membership of a proscribed organisation. His legal team opposed extradition on human rights grounds, citing concerns about conditions at Maghaberry prison. Justice Aileen Donnelly adjourned proceedings to allow presentation of additional evidence, including an affidavit from Maureen O'Sullivan TD regarding prison conditions. Following no further submissions from the defence, the judge reserved judgment until October 20th. Mr McLaughlin remains in custody pending that determination.

2017-07-25 · Ireland

"Rumours" circulated in Garda HQ about whistleblower, senior officer tells tribunal

During the Charleton tribunal, a senior Garda officer, Detective Superintendent Frank Walsh, confirmed that rumours circulated in Garda Headquarters about whistleblower Sergeant Maurice McCabe while he was employed there. Walsh, who had served as the commissioner's private secretary until 2016, noted that the rumours were widespread and that a correspondence file from McCabe, which had grown to about 3,500 pages, was involved. The file also contained a summary of McCabe's career and, in May 2014, a false sexual‑assault allegation that had been added erroneously. When the mistake was discovered a few weeks later, it was not reported to Garda HQ. Walsh said the incorrect allegation remained on McCabe's file until the tribunal began in early 2017, and he could not confirm whether any discussions had taken place with the commissioner about the allegation.

2017-07-25 · Dublin

Two wanted over attempted murder of PSNI officer granted leave to seek judicial review

Two men sought by Northern Irish authorities in connection with the attempted murder of a PSNI officer have been granted leave to pursue judicial review at the High Court. The applicants, arrested in County Donegal in 2015, allege that An Garda Síochána failed to provide custody records, statements, and details of samples taken during their detention at Letterkenny and Milford stations. They contend the withheld information is material to defending extradition proceedings. Ms Justice Aileen Donnelly agreed to hear the applications and scheduled a motion returnable for October 9th. The men, who face charges including possession of explosives with intent to endanger life, remain on continuing bail. Extradition proceedings have been adjourned pending the judicial review hearing.

2017-07-25 · Dublin

Distraught mother granted safety order against teen daughter

In a Dublin District Family Court hearing, a mother sought and received a five‑year safety order against her teenage daughter, who had recently finished the Leaving Certificate and was diagnosed with bipolar disorder. The mother explained that her daughter had begun medication and was feeling better, but a psychologist advised her to stop taking sleeping tablets because of their addictive nature, which had caused a return of anxiety. The mother described a two‑year period of escalating conflict, including her daughter's violent outbursts and the mother's feeling of losing control. She stated that the safety order was necessary to protect herself and the family from ongoing abuse. Judge Ann Ryan granted the order, citing the mother's need for protection from her daughter's behaviour. The case was presented as a separate matter from other family protection orders discussed in the same hearing.

2017-07-25 · Dublin

Dad-of-two punched stranger in face

Colin O'Kelly, 36, was given a two‑year suspended sentence after pleading guilty to assault causing harm to Dominic O'Keefe at Finnstown Castle Hotel in Lucan on 1 May 2015. O'Kelly had been attending a funeral that day and, in the early hours, punched O'Keefe twice in the face, fracturing his cheekbone. O'Keefe, who had just attended a wedding, was left unable to eat solid foods for three weeks and out of work for six weeks, which he said led to his restaurant failing. O'Kelly had no prior convictions, had expressed deep remorse, and was caring for a seriously ill child. The judge, Patricia Ryan, noted mitigating factors and accepted a €3,000 payment to O'Keefe as an expression of remorse. The sentence was suspended for two years.

2017-07-25 · Dublin

Non-jury court to deliver verdict in trial of IRA accused arrested in connection with murder of NI prison officer

A three-judge panel at the Special Criminal Court will deliver its verdict on Monday in the trial of a Dublin man accused of membership of an unlawful organisation. Vincent Banks (47), of Smithfield Gate Apartments in Dublin 7, has pleaded not guilty to the charge. The prosecution alleged that Mr Banks purchased a Toyota Camry used in the fatal shooting of Northern Irish prison officer David Black in November 2012. The State presented evidence that the vehicle was later parked in Carrigallen, County Leitrim, near the border. The defence contended that the evidence was insufficient and that purchasing a car does not constitute activity uniquely associated with unlawful organisation membership. Justice Isobel Kennedy, sitting with Judge Gerard Griffin and Judge Gerard Haughton, will deliver judgment on 31 July.

2017-07-25 · Limerick

Man "overwhelmed by the enormity" of being jailed for abusing nephew seeks to lodge appeal 17 months late

The Court of Appeal has adjourned an application by a 43-year-old man to extend the time limit for appealing his sentence. The appellant, whose identity is protected, pleaded guilty at the Central Criminal Court to the rape and sexual assault of his nephew in Limerick during the 1990s. He was sentenced to eight years' imprisonment, with the final two years suspended, by Ms Justice Isobel Kennedy in October 2015. His counsel, Diarmuid Collins BL, argued that the 17-month delay in lodging the appeal was not excessive and that the appellant was "overwhelmed by the enormity" of the events, lacking the emotional strength to appeal earlier. Counsel for the Director of Public Prosecutions, Úna Tighe BL, opposed the extension, citing the victim's interest in finality and arguing that the appellant's claimed lack of strength indicated a prior decision not to appeal. The panel, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, noted that while there is no statutory time limit, Superior Court rules generally allow 28 days. Mr Justice Birmingham referenced the Supreme Court's decision in the case of Nicky Kelly, who was sentenced to 12 years' penal servitude, to establish that extensions must be guided by the justice of the case and the victim's interest in finality. The court was not persuaded at this stage that the interests of justice were served by extending time based on current information. Consequently, the matter was adjourned to the next list to fix dates, with the court prepared to review the application if further information is provided.

2017-07-25 · Dublin

"Talented underage footballer" cycled around Dublin snatching phones from women

Brandon Cumberton, 19, was sentenced to 18 months in prison, with nine months suspended for one year, after pleading guilty to four phone thefts in Dublin. The court heard he cycled around the city, snatching phones from women while intoxicated, and later apologized to some victims. He had eight prior convictions for minor theft. Judge Karen O'Connor noted the premeditated nature of the offences and the fact all victims were women. Cumberton cooperated with Gardaí, claimed no violence was used, and was described by his defence as a "talented underage footballer" who had played for Belvedere College and Hardwick FC. The judge warned him he could either move past his offending or face significant time in custody. No phones were recovered.

2017-07-25 · Dublin

Suspended sentence for man who repeatedly threatened ex-partner weeks after attacking her

Neven Vukovic, 40, received a suspended three‑year sentence for assault causing harm to his ex‑partner Fionnuala Ní Mhartín after a September 2015 attack at her Dublin home. Vukovic had previously pleaded guilty to assault and had a prior conviction for cannabis possession in Croatia. The assault involved punches and kicks, including a full‑force punch to the eye, resulting in a fractured eye socket and other injuries. Following the attack, Vukovic repeatedly threatened and harassed Ní Mhartín via text and Facebook, sending messages that included threats of violence and death. The court imposed a 30‑year prohibition on any contact with Ní Mhartín and ordered Vukovic to stay away from her. He has since completed anger‑management and counselling courses. The judge noted his remorse and lack of prior violent convictions. The sentence was suspended for three years.

2017-07-25 · Limerick

Phone linked to biker murder accused broken and left on waste ground, trial hears

The trial of Alan McNamara, accused of the murder of Andrew 'AOD' O'Donoghue on June 20, 2015, at the Road Tramps motorcycle clubhouse in Mountfune, Co Limerick, continued at the Central Criminal Court. McNamara, 51, has pleaded not guilty to the murder charge. The court heard evidence that Gardaí recovered two mobile phones from waste ground near where McNamara was arrested: a broken Samsung and a partial Nokia. Detective Sergeant Shane Ryan testified that the Nokia was linked to a number McNamara identified as his own during interviews, while the Samsung was registered to his stepson, Robert Cusack. Cusack, 28, pleaded guilty yesterday to impeding the apprehension or prosecution of his stepfather. Forensic analysis of four phones, including a 'club phone' owned by the Caballeros motorcycle club, revealed a five-minute call from Cusack to McNamara at 2:41 pm on the day of the shooting. Under cross-examination, Ryan acknowledged CCTV placed the shooting at 2:44 pm, meaning the call was likely ongoing. The trial, presided over by Justice Paul McDermott, was adjourned to Thursday.

2017-07-25 · Mayo

Cawley found guilty of "wanton, savage" double murder of elderly brothers

A 30-year-old man from Ballina has been convicted of the murder of two elderly brothers at the Central Criminal Court. Alan Cawley was found guilty of killing Thomas Blaine, aged 69, and John Blaine, aged 76, at their home on New Antrim Street in Castlebar on 10 July 2013. Both men had learning difficulties and were receiving HSE care. Cawley had admitted the killings but pleaded not guilty to murder, arguing diminished responsibility due to mental health conditions. A jury rejected this defence after hearing evidence from psychiatric experts. Justice Paul Coffey imposed a mandatory life sentence, describing the attacks as "wanton" and "savage". A victim impact statement was read by a family member, who recalled the brothers as gentle men who had cared for each other and were valued members of their community.

2017-07-24 · Kerry

Criminal is jailed for sexually assaulting "vulnerable" woman while on "drunken spree"

Shane Fitzgerald, 26, of Tullorum, Spa, Killarney, was sentenced to five years' imprisonment for burglary and sexual assault committed in September 2015. He entered a flat in a Co Kerry town on a "drunken spree," barged in, pulled down his pants, exposed his penis and forced the vulnerable woman, in her fifties, to mouth it. The victim was awakened at 3.30 am, fled screaming, and was later assisted by a neighbour. Fitzgerald pleaded guilty, expressed remorse, and has 56 prior convictions. The judge noted the crime's squalid nature, the victim's vulnerability, and Fitzgerald's dysfunctional background. He imposed a five‑year custodial sentence, followed by three years of post‑release supervision with the Probation Service. No other charges were brought against the accomplices. The victim remains in counselling and has not returned to her flat.

2017-07-24 · Waterford

Date set for Waterford murder trial

A trial date has been set for Tadhg Butler, 37, who is charged with the murder of Michael O'Dwyer, 25, at Butler's Seafield address in Tramore, Co. Wexford, on 10 January 2014. Butler, also known as Thomas O'Grady and originally from Kilkenny, is accused of killing O'Dwyer, who was found with a knife injury and pronounced dead at Waterford Regional Hospital at 1.35 am on that day. Mr Justice Patrick McCarthy fixed 9 April 2018 as the start of the trial, which may extend into a second week. The case will be heard before a judge and jury.

2017-07-24 · Dublin

Arsonist "out of his mind" when he caused €1.25 million in damage and left 25 people homeless

John McGovern, aged 25, pleaded guilty to arson and assault at the Station Hill apartment complex in Clongriffin, Dublin, after a tumultuous relationship with his girlfriend Grainne O'Brien. The fire, set in November, caused €1.25 million in damage, destroyed six homes, and left 25 people, including children, temporarily homeless. McGovern, who had 25 prior convictions, was heavily intoxicated and on drugs during the incident. He threatened O'Brien's ex‑partner, left the building, and later was arrested at Raheny after acting erratically. The court heard that 14 fire trucks responded and the blaze took four‑and‑a‑half hours to control. McGovern's guilty plea and the impact statements from victims were noted, and the case was adjourned for a probation report. The sentencing is scheduled for 27 October.

2017-07-24 · Donegal

Men wanted on charge of attempted murder of PSNI officer seek garda records

Two men wanted in Northern Ireland on charges of attempted murder of a PSNI officer and possession of explosives with intent to endanger life have brought High Court applications seeking disclosure of Garda records following their arrest in the Lifford area of County Donegal in June 2015. The applicants claim Gardaí have failed to provide custody records, copies of statements, and details of forensic samples taken during their detention. They argue the withheld information is relevant to extradition proceedings and that its non-disclosure breaches their Constitutional rights and rights under the European Convention on Human Rights. The men contend evidence gathered in custody should not be used in their intended Northern Irish prosecution. Ms Justice Margaret Heneghan heard the matter at the High Court and referred the judicial review applications to Ms Justice Aileen Donnelly, who is hearing the related extradition requests. Ms Justice Donnelly will determine whether to hear both applications together. The matter was adjourned pending her decision.

2017-07-24 · Dublin

Detention for boy who hit teen with wooden post and stole his bike

A 15‑year‑old boy was sentenced to twelve months' detention for assault and robbery. He had previously served eight months at Oberstown Children's Detention Campus for assault and a threat to kill, and had 24 convictions. In April 2017 he robbed a 17‑year‑old from a churchyard, demanding his phone and then stealing a €350 bike. During the incident he struck the victim with a two‑foot wooden post, causing the victim to fall and flee. The boy was arrested the next day, was aggressive in the interview, and later admitted remorse. He had a history of assault, theft, burglary and criminal damage, and was facing another charge later that year. Judge John Aylmer, noting the boy's immediate return to crime after release, imposed the twelve‑month sentence to run consecutively with his current term, starting on the scheduled release date of November 21. The unnamed 15-year-old pleaded guilty.

2017-07-24 · Limerick

Stepson pleads guilty to impeding prosecution of biker murder accused

In a case at the Central Criminal Court, Robert Cusack, aged 28, pleaded guilty to impeding the apprehension or prosecution of his stepfather, Alan 'Cookie' McNamara, who is on trial for the murder of Andrew 'AOD' O'Donoghue. Cusack had previously pleaded not guilty to the impeding offence but was re‑arraigned and entered a guilty plea. McNamara, aged 51, is accused of shooting O'Donoghue on 20 June 2015 at the Road Tramps motorcycle clubhouse in Mountfune, Murroe. He is a member of the Caballeros motorcycle club and has pleaded not guilty to the murder charge. The trial continues, with the jury hearing evidence against McNamara tomorrow after the court's re‑organisation. Justice Paul McDermott informed the jury that Cusack's guilty plea was a matter for a later hearing and would not affect the current proceedings. The case remains in progress.

2017-07-24 · Dublin

"Avid boxer" who spat on garda is jailed

Clayton McMahon, 24, of Crumlin, Dublin, was convicted in May 2017 of reckless endangerment, dangerous driving, assault of a Garda, driving without insurance or a licence, and failing to produce evidence of insurance or a licence. He had pleaded not guilty. The jury found him guilty on all counts. Judge Pauline Codd sentenced him to three and a half years, suspended the final year on condition he attends a victim awareness programme and anger‑management counselling, and disqualified him from driving for five years. McMahon, described as an avid boxer, admitted having anger issues. During the incident on 17 November 2016, he shouted threats, punched a window, refused to be handcuffed, spat on a Garda, and was subdued after pepper spray was used. He was later allowed to be handcuffed. The case was heard at Dublin Circuit Criminal Court.

2017-07-24 · Mayo

Jury have to consider whether double murder accused had mental disorder

A jury at the Central Criminal Court has begun deliberating in a double murder trial concerning a 30-year-old man from Ballina, County Mayo. Alan Cawley has admitted causing the deaths of Thomas Blaine, aged 69, and John Blaine, aged 76, on 10th July 2013 at New Antrim Street in Castlebar. However, he pleaded not guilty to murder, with the defence raising the partial defence of diminished responsibility. Justice Paul Coffey instructed the jury that they must consider whether Mr Cawley was suffering from a mental disorder at the time that substantially diminished his responsibility for the killings. The defence psychiatrist identified three conditions, whilst the prosecution's expert disputed one diagnosis and questioned whether the personality disorders constituted mental disorders under the Criminal Law Insanity Act 2006. The jury, comprising four women and eight men, briefly deliberated before adjourning for the evening and will resume considerations the following morning.

2017-07-24 · Limerick

Limerick man to be sentenced for stabbing cyclist over crash compensation

Larry McCarthy, 37, was found guilty of assaulting David Foran, 33, by stabbing him in the leg during a dispute over compensation for a road accident. The incident occurred on 25 November 2014 at Cornmarket Villas, Limerick, after a motorcyclist offered Foran €5,500 and directed him to meet McCarthy. McCarthy, present in the car park, challenged Foran and stabbed him with a knife. Foran suffered a puncture wound to his left thigh, treated at University Hospital Limerick. McCarthy had previously been arrested on 4 March 2015 for violent disorder and had eight prior convictions, including dangerous driving and firearm offences in the UK. He was remanded in custody until 31 July, when he will be sentenced by the Special Criminal Court. The court noted that Foran made a full recovery and declined a victim impact statement. The sentencing hearing was presided over by Ms Justice Isobel Kennedy, with Judges Gerard Griffin and Gerard Haughton. Larry McCarthy pleaded not guilty. David Foran pleaded not guilty.

2017-07-22 · Dublin

Pro boxer who took part in "explosion of violence" outside Coppers gets Probation Act

Jamie Kavanagh, a professional boxer, was sentenced at Dublin Circuit Criminal Court for assaulting a doorman and engaging in threatening or abusive behaviour on Harcourt Street on September 23, 2014. Kavanagh pleaded guilty to these summary offences, which were sent to the Circuit Court alongside co-accused Paul Rice and Mark Carlyle, who pleaded guilty to the more serious charge of violent disorder. The court heard that Kavanagh played a peripheral role in the incident, which prosecutors described as an "explosion of violence" outside Copper Face Jacks nightclub. Judge Elma Sheahan applied section 1(1) of the Probation Offenders Act, ordering Kavanagh to be of good behaviour and keep the peace for 12 months, leaving him without a conviction. This disposal was granted to prevent a recorded conviction from interfering with a significant US fight contract. In contrast, co-accused Mark Carlyle, who has multiple serious previous convictions and was identified as an instigator of the brawl, received a sentence of five years in December 2015, with the final 18 months suspended. Paul Rice, also an instigator with 11 previous convictions, was sentenced in April 2016 to three years' imprisonment, with the final year suspended. The court noted that Kavanagh had no previous convictions and had complied with a prior order to provide 20 hours of coaching to his local amateur boxing club.

2017-07-21 · Limerick

Murder accused told gardai he brought loaded shotgun to "frighten" bikers

At the sentence stage of the trial, Alan 'Cookie' McNamara (51), from Mountfune, Murroe, Co Limerick, pleaded not guilty to the alleged murder of Andrew 'AOD' O'Donoghue on Saturday June 20, 2015 at Mountfune, as well as to impeding his apprehension knowing or believing him to have committed a serious offence. Robert Cusack (28), of Abington, Murroe, also pleaded not guilty to impeding Mr McNamara's apprehension. Sgt Louise Casey, acting as the garda in charge at Roxboro Rd Garda Station during Mr McNamara's detention, provided details of his interviews with gardai. Alan McNamara's plea was not guilty, and no finding or sentence was recorded at this stage. The matter was adjourned and will continue next week in front of Justice Paul McDermott and a jury of seven men and four women.

2017-07-21 · Mayo

Mayo man took decision to kill elderly brothers in "acts of extreme violence", State tells jury

Closing speeches were delivered at the Central Criminal Court in the trial of Alan Cawley, 30, of Ballina, Co Mayo. Cawley has admitted killing Thomas Blaine, 69, and John Blaine, 76, but pleaded not guilty to murdering them on 10th July 2013 at New Antrim Street in Castlebar. The prosecution, led by Denis Vaughan Buckley SC, alleged that Cawley made a decision to kill the two elderly brothers in acts of extreme violence. Counsel argued that Cawley's intoxication led to impulsive behavior, but his personality disorders did not constitute a mental disorder under the Criminal Law Insanity Act 2006, thus negating a diminished responsibility defense. The State requested guilty verdicts for both murders. Conversely, defense counsel Caroline Biggs SC argued that Cawley suffered from a lifelong mental disorder, describing it as a "poisoned gift" that diminished his responsibility. She contended that his history of torment and reliance on sedation supported a finding of diminished responsibility, urging the jury to return a verdict of manslaughter. The jury, comprising four women and eight men, is expected to begin deliberations on Monday after being charged by Mr Justice Paul Coffey. The matter remains at the trial stage, with no final verdict or sentence recorded.

2017-07-21 · Kilkenny

Kilkenny man who claimed he was in consensual sexual relationship with young cousin appeals conviction

A 49‑year‑old Kilkenny man, whose name is withheld to protect the identity of a 33‑year‑old man, was convicted by a Central Criminal Court jury of 15 counts of rape, oral rape and one charge of sexual assault against a 14‑year‑old. He pleaded not guilty to 35 counts, of which the judge directed not‑guilty verdicts on the balance. He received a 10‑year sentence, with the final year suspended by Ms Justice Isobel Kennedy on 8 February 2016. The man has now filed an appeal, arguing that new material and the trial judge's treatment of answers given to Garda questions should affect his conviction. His counsel, Aidan Doyle SC, highlighted the defence's claim of consensual conduct and the importance of the complainant's age of consent, noting that the complainant was legally incapable of consenting before his 15th birthday.

2017-07-21 · Dublin

Journalist deemed unfit to stand trial for murder is committed to Central Mental Hospital

A 44‑year‑old former journalist, Mercy Peters, originally from Sierra Leone, was found unfit to stand trial for the 2014 murder of Tyrone McKenna, 42, in his South Dublin home. The Central Criminal Court, after hearing two consultant psychiatrists, determined that Peters suffers from Schizoaffective disorder. She had not taken her prescribed medication for several months before the incident and her illness involves entrenched persecutory and delusional themes. Dr Ronan Mullaney, her treating psychiatrist at the Central Mental Hospital (CMH), confirmed that Peters maintains she is not responsible for McKenna's death and believes she is the victim of an elaborate plot. He noted she has only partial insight into her illness and continues to dispute her diagnosis. Judge Tony Hunt ordered Peters to be committed to the CMH for inpatient care, with proceedings adjourned until October 2. The remand is indefinite.

2017-07-20 · Dublin

Sister tells court she forgives brother who stabbed her

In a Dublin Circuit Criminal Court hearing on 20 July 2017, the court considered the case of Colm O'Hara, 49, who stabbed his older sister, Miriam O'Hara, on 23 June 2016 at her home on Edenmore Green, Raheny. O'Hara, who had no fixed abode and was suffering from mental health issues, had stopped taking his medication on the day of the attack. He pleaded guilty to assault causing harm. The court heard that he had become agitated, grabbed a knife from a kitchen counter, and lunged at his sister, stabbing her in the back and later cutting her arm and wrist. Miriam O'Hara, who had been in fear of her life, later told the court that she had forgiven her brother and felt no animosity toward him. Judge Karen O'Connor, after hearing the victim impact statement, suspended a two‑year sentence on the condition that O'Hara keep the peace and continue his medication.

2017-07-20 · Dublin

"Peace maker" left with serious head injury after being knocked to ground by punch

In a Dublin Circuit Criminal Court hearing, Lithuanian man Julian Matiunin, aged 34, was sentenced to three and a half years' imprisonment for assault causing harm after punching Jan Wielgus, aged 46, in the jaw on 21 June 2015 at St Stephen's Green West. Witnesses described Wielgus falling "like a tree" and hearing the crack of his head on pavement. Wielgus suffered severe head injuries, was admitted to intensive care, spent over three weeks in an induced coma, and later returned to hospital with stomach problems from intubation. He continues to suffer headaches and vomiting. Matiunin pleaded guilty and had two prior public order convictions. Judge Karen O'Connor suspended the last 12 months of the custodial term, noting the violent attack on a person walking away and describing Wielgus as a "peace maker" who tried to calm the situation.

2017-07-20 · Roscommon

71-year-old woman to be extradited on charge of assisting in rape of her daughter

A 71-year-old UK citizen with an address in County Roscommon has been ordered to be surrendered to British authorities to face charges of assisting in the rape of her daughter approximately 40 years ago. The High Court heard the woman is accused of indecent assault and joint rape with her then husband at addresses in West Sussex and Devon in the late 1970s, when the complainant was between 10 and 15 years old. The offences were first reported in 2013. Ms Justice Aileen Donnelly ordered the woman's surrender following a European Arrest Warrant issued last March, rejecting arguments based on the age of the alleged offences and the defendant's significant health conditions, including chronic obstructive pulmonary disease and extreme obesity. The judge found insufficient medical evidence supporting claims of unfitness to be tried or imprisoned. However, surrender was postponed on humanitarian grounds to allow the woman to gather medical records and attend appointments. She was remanded on continuing bail to return before the High Court on 2 October.

2017-07-20 · Mayo

Intoxication led Mayo man to extremely violent acts, psychiatrist tells murder trial

A State forensic psychiatrist has told the Central Criminal Court that a Mayo man was voluntarily intoxicated when he killed two elderly brothers with special needs, causing him to behave in an extremely impulsive and violent manner. Dr Brenda Wright testified that the 30-year-old defendant, from Ballina, did not have a mental disorder in law at the time of the offences on 10th July 2013 in Castlebar. This contradicted evidence from a defence psychiatrist, who had argued the accused suffered from three mental disorders that diminished his responsibility. The defendant has admitted killing the brothers but pleaded not guilty to murder. Under cross-examination, Dr Wright acknowledged the accused had experienced significant anger and behavioural difficulties from early childhood, predating any substance use. She maintained, however, that personality disorders do not constitute mental disorders under the Criminal Law Insanity Act 2006. The trial continues at the Central Criminal Court.

2017-07-20 · Limerick

Murder accused told gardai that rival bikers threatened to burn his home down

A trial is ongoing before Justice Paul McDermott and a jury of seven men and four women at the Circuit Criminal Court in Limerick. Alan 'Cookie' McNamara (51), from Mountfune, Murroe, Co Limerick, is on trial for the alleged murder of Andrew 'AOD' O'Donoghue on Saturday June 20, 2015, at Mountfune. He has pleaded not guilty to the charge and also to impeding his apprehension knowing or believing him to have committed a serious offence. Robert Cusack (28), of Abington, Murroe, is also on trial and has pleaded not guilty to impeding Mr McNamara's apprehension. Alan McNamara, the accused, has not entered a plea. Sergeant Brian O'Connor and Detective Garda Niall Fitzgerald testified that Mr McNamara told gardai that members of the Road Tramps motorcycle group had threatened to burn his home down with his family inside. Detective Garda Ursula Cummins of the ballistics section at Garda HQ testified that a 12-gauge shotgun cartridge found at the scene of the shooting was fired from a gun found in a wooded area behind Mr McNamara's home. The gun was sawn to a barrel length of 37cm, which is below the minimum legal length of 60cm for a shotgun in Ireland. The trial continues tomorrow.

2017-07-20 · Cavan

Whistleblower forced to "retreat to garda station" after confrontation with accuser's family

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.

2017-07-19 · Cavan

Garda whistleblower Maurice McCabe no longer trusts anybody, tribunal hears

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.

2017-07-19 · Dublin

Suspended sentence for man who threw glass in crowded bar, injuring woman

Kenneth McCabe, 25, received a suspended one‑year jail sentence after he threw a glass into the air in a crowded bar, unintentionally striking a beam and showering glass on a woman named Corrigan Serpa. Serpa suffered injuries to her nose and left thumb, requiring stitches. McCabe pleaded guilty to assault causing harm on 14 February 2016 at The Quay Public House, Temple Bar. Judge Martin Nolan accepted that the assault was reckless but not intentional, and imposed a suspended sentence on the condition that McCabe keep the peace and behave well. He also ordered McCabe to pay €3,000 to Serpa within 12 months. McCabe, who was severely intoxicated, apologized and said he did not intend to harm her. The court warned that a future conviction could lead to jail.

2017-07-19 · Wicklow

Waitress did not deliberately drive "man who loved her" into deep harbour, murder appeal lawyers submit

Marta Herda, a 30‑year‑old Polish waitress, was convicted of murder after she drove a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Hungarian man Csaba Orsos. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda escaped through the driver's window, but Orsos's body was recovered on a nearby beach. A post‑mortem confirmed drowning as the cause of death, not injuries from the crash. Herda's defence argued the incident was an accident, citing her lack of intent, language barriers, and the absence of evidence of deliberate action. The prosecution maintained that she deliberately drove into the water, knowing Orsos could not swim. The Court of Appeal has reserved judgment on her appeal, which challenges the conviction on grounds of recklessness, alleged confessions, and the judge's instructions to the jury. Marta Herda pleaded not guilty.

2017-07-19 · Donegal

"Real risk" man wanted in connection with NI prison officer murder would face "inhumane treatment"

A 40-year-old man from Belfast, arrested in County Donegal in March on a European Arrest Warrant, appeared before the High Court on 19 July to contest his extradition to Northern Ireland. The man faces charges relating to the November 2012 murder of prison officer David Black, as well as allegations of involvement in preparation for acts of terrorism and membership of a proscribed organisation. His legal team argued there is a real risk of treatment contrary to Article 3 of the European Convention on Human Rights if he is returned, citing concerns about forced body searches at Maghaberry prison conducted in what they described as a degrading and aggressive manner. The State's counsel contended there was insufficient evidence to support such claims, noting the reported incidents occurred seven years prior. Justice Aileen Donnelly adjourned the matter to 26 July to allow further evidence to be presented and clarification sought regarding an affidavit submitted in support of the application. The applicant was remanded in custody pending the resumed hearing.

2017-07-19 · Mayo

Murder accused did not have mental disorders in law, forensic psychiatrist tells trial

A forensic psychiatrist for the State has told the Central Criminal Court that a Co Mayo man accused of murder did not have mental disorders recognised in law, despite having personality disorders at the time of the alleged killings. The 30-year-old from Ballina has admitted killing two elderly brothers with special needs but pleaded not guilty to their murder on 10th July 2013 in Castlebar. Dr Brenda Wright testified that while she agreed with the defence psychiatrist's diagnosis of emotionally unstable and antisocial personality disorders, these did not qualify as mental disorders under the Criminal Law Insanity Act 2006. She stated that qualifying mental disorders must impair a person's capacity to make decisions or understand relevant information, which personality disorders do not. Dr Wright also disputed the defence evidence that the accused had ADHD at the time, saying she found no supporting behaviour in garda interview recordings. Her evidence continues before Justice Paul Coffey and jury.

2017-07-19 · Limerick

Jury watches CCTV footage of moment biker was shot dead

The murder trial of Alan 'Cookie' McNamara and Robert Cusack continues before Justice Paul McDermott and a jury. McNamara, 51, from Mountfune, Co Limerick, has pleaded not guilty to the alleged murder of Andrew O'Donoghue on June 20, 2015. Cusack, 28, has pleaded not guilty to the alleged offence of impeding McNamara's apprehension. The jury reviewed CCTV footage showing a man brandishing a firearm at the Road Tramps clubhouse gates, where O'Donoghue was allegedly shot. Prosecution evidence included a sawn-off shotgun found in a wooded area behind McNamara's home and various weapons, including a pipe bomb and improvised firearm, discovered at the clubhouse. Gardaí testified that they arrested both defendants in Garryowen, Limerick, on the evening of the incident. A typed document listing 41 names, including 'Cookie' and 'Rob Cusack', was also found at McNamara's residence. The trial is ongoing, with no findings, sentences, or finalisations recorded at this procedural stage.

2017-07-18 · Limerick

Biker died from single shotgun wound to head, pathologist tells trial

The trial of Alan 'Cookie' McNamara and Robert Cusack continued before Justice Paul McDermott and a jury. McNamara, 51, from Mountfune, Co Limerick, and Cusack, 28, from Abington, Murroe, both pleaded not guilty. McNamara is charged with the murder of Andrew O'Donoghue on June 20, 2015, while Cusack faces charges of impeding McNamara's apprehension. Deputy State Pathologist Dr Michael Curtis testified that O'Donoghue died from a single shotgun wound to the head, face, and neck. He stated that approximately 100 pellets created a 20cm by 60cm wound, with some penetrating the brain. The pellet pattern indicated the gun was fired from a distance of eight to ten feet. Detective Garda Niall Fitzgerald testified that officers entered McNamara's home with a warrant on the day of the shooting. They found a shotgun cartridge and a red diary in a bedroom cabinet, alongside four additional cartridges in a bedside locker. The diary, headed 'Caballeros MC Ireland,' contained lists of names, meeting minutes, and references to 'Cookie' and 'Robert.' Garda Fitzgerald agreed with defence counsel that entries dated June 16 under 'Prospects' appeared to link to Cusack. The trial is ongoing and was not adjourned or finalised during this session.

2017-07-18 · Wicklow

Waitress who drove "man who loved her" in to harbour appeals murder conviction

Marta Herda, 30, of Arklow, appealed her murder conviction after driving a Volkswagen Passat into a harbour on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos, who could not swim. The Central Criminal Court found her guilty and imposed a mandatory life sentence on 28 July 2016. Herda's appeal argues that the driving was not deliberate, that the prosecution's case relied on alleged confessions and circumstantial evidence, and that the trial judge failed to properly charge the jury on recklessness or intent. She contends that her statements to Gardaí were misrecorded, that she did not intend to kill, and that the prosecution's theory of a pre‑meditated execution is far‑fetched. The appeal seeks a reconsideration of the conviction on these grounds. Marta Herda pleaded not guilty.

2017-07-18 · Mayo

Mental disorders diminished killer's responsibility, psychiatrist tells trial

A consultant psychiatrist has testified at the Central Criminal Court that a 30-year-old man accused of killing two elderly brothers in Castlebar was suffering from three mental disorders that diminished his responsibility for the offences. Dr Pawan Rajpal told the jury that Alan Cawley, of Four Winds, Corrinbla, Ballina, had been diagnosed with Attention Deficit Hyperactivity Disorder, Emotionally Unstable Personality Disorder, and Antisocial Personality Disorder. Mr Cawley has admitted killing Thomas Blaine, aged 69, and John Blaine, aged 76, on 10th July 2013 at New Antrim Street in Castlebar, but pleaded not guilty to murder. Dr Rajpal stated that all three conditions would have substantially diminished the accused man's ability to control impulses and learn from mistakes. Forensic evidence presented by the prosecution detailed extensive blood staining patterns at the scene, indicating both brothers were attacked whilst in vulnerable positions. The trial before Mr Justice Paul Coffey continues.

2017-07-18 · Leitrim

Car was used in murder of NI prison officer, prosecution say

At the Special Criminal Court, the prosecution presented evidence that a Toyota Camry allegedly used in the November 2012 fatal shooting of Northern Ireland prison officer David Black was purchased under an assumed name. A vehicle dealer testified that a man identifying himself as Paul McCann bought the car on October 10th, 2012. The prosecution contends that Vincent Banks, aged 47, of Smithfield Gate Apartments in Dublin, was connected to the purchase, citing a thumbprint found on the registration document. The court heard that a Carrigallen resident in County Leitrim reported seeing a matching black Toyota Camry parked near her home the following day and contacted gardaí. Banks has pleaded not guilty to membership of an unlawful organisation styling itself the Irish Republican Army. The trial, presided over by Ms Justice Isobel Kennedy with Judge Gerard Griffin and Judge Gerard Haughton, continues before the Special Criminal Court.

2017-07-17 · Kerry

"I am the first to agree I deserve a custodial sentence": burglar who sexually assaulted "vulnerable" woman

In a case heard at the Central Criminal Court, Shane Fitzgerald, 26, pleaded guilty to burglary and sexual assault after breaking into a vulnerable woman's flat in a Kerry town in September 2016. Fitzgerald, who has 56 prior convictions, admitted to entering the flat, pulling down his pants, exposing his penis and forcing the woman to perform oral sex. He demanded money, took a sum, and fled. The victim, a woman in her fifties, was awakened at 3.30 am, was terrified, and later received assistance from a neighbour. Fitzgerald was arrested a few days later and has been in custody since October 2016. He has expressed remorse, written a letter to the court, and is undertaking anger‑management and psychological counselling. No other charges were brought against the other men involved. The case was adjourned to next Monday for finalisation.

2017-07-17 · Dublin

Retired teacher seeks to prevent trial on abuse charges dating back almost 50 years

A retired schoolteacher in his seventies has filed a High Court application to stop a trial in Dublin Circuit Criminal Court over 16 alleged indecent assault charges against nine boys, dating from September 1968 to 1971. He claims the prosecution is unfair because the Director of Public Prosecutions delayed action, the alleged incidents are so old that key witnesses are deceased, and that proceeding would breach his constitutional and human rights. The teacher denies the allegations and says he has cooperated with Gardaí since his first interview. He also seeks declarations that the prosecution would be unlawful and that it would be unjust to put him on trial. The High Court, on an ex‑parte basis, granted permission to bring the challenge and placed a stay on the trial until the High Court case is decided, with a return date set for October.

2017-07-17 · Waterford

Date set for former sports coach Bill Kenneally's appeal against abuse sentence

Bill Kenneally, aged 67, a former sports coach, was convicted of indecent assault on ten teenage boys in Waterford during the 1970s and 1980s. He pleaded guilty to ten counts and was sentenced in February 2016 to 14 years and two months imprisonment by Judge Eugene O'Kelly at the Waterford Circuit Criminal Court. Kenneally's lawyers have appealed the severity of the sentence. The Court of Appeal has scheduled a hearing for January 26, with the case expected to last half a day. Kenneally was not present at the date‑setting hearing.

2017-07-17 · Tipperary

Man raped boy (12) after luring him down lane

Andrew Roche, aged 28, pleaded guilty at the Central Criminal Court to one count of orally raping a 12‑year‑old boy and one count of anally raping him between 25 December 2008 and 17 March 2009. The victim, who came forward in 2014, said Roche lured him to a lane, told him "I want to show you something", forced himself on him and warned him not to tell anyone. Roche, who was 20 at the time, was initially relaxed when questioned but denied knowledge of the events once he was told the victim was a boy. Roche has 41 previous convictions and has been in custody since February 2016. He will be sentenced next Monday, 24 July, after being remanded by Mr Justice Paul Coffey. The victim expressed relief at not having to give evidence but disappointment at not being able to describe the assault.