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2016-02-12 · Cork

Cork man whose attack left victim needing emergency brain surgery has jail sentence halved on appeal

Kris Collins, 25, of Murphy's Rock, Old Mallow Road, Cork, pleaded guilty to a headbutt assault on a man in Cork City on 7 September 2014. The assault caused serious harm, leading to a clot between the skull and brain and emergency neurosurgery. He was originally sentenced to eight years' imprisonment on 17 June 2015. On appeal, the Court of Appeal re‑sentenced him to five years' imprisonment, with the final 12 months suspended on condition of a two‑year good‑behaviour bond. The judge noted the victim's wife had been told to "prepare for the worst" and that the victim's life had been severely disrupted, including financial hardship. Collins had 15 prior convictions, had paid €4,000 in compensation, and had offered cooperation and a guilty plea, factors cited as mitigating in the appeal decision.

2016-02-12 · Wicklow

Sentence cut on appeal for man jailed over "prolonged and intensive" sexual abuse of step-daughter

William Coster, aged 45, was convicted of sexually assaulting his step‑daughter, who believed him to be her father. The victim, now in her mid‑twenties, was aged 12‑16 during the abuse, which began in 2002 and ended after her sixteenth birthday. A jury at the Central Criminal Court acquitted him of all rape charges but convicted him of all sexual assault charges, sentencing him to 10 years imprisonment on 20 January 2014. Coster had pleaded guilty to five representative counts of sexual assault and denied the remaining counts and 35 rape charges. On appeal, the Court of Appeal found the 10‑year sentence "out of line" with comparable cases and reduced it to seven years, to run concurrently. Coster accepted the conviction and did not pursue further appeal. The judge noted the prolonged, intensive nature of the abuse and its profound impact on the victim.

2016-02-12 · Dublin

Man jailed for three years for unprovoked assault on woman walking home alone

In February 2016, a 44‑year‑old man named Jeffrey Mitchell was sentenced to three years in prison for an unprovoked assault on a woman walking home alone from a night out. The incident occurred on 8 February 2013 at Crossguns Bridge, Phibsboro, where Mitchell dragged the woman backwards from the footpath, threatening to throw her into the canal if she moved. He had consumed up to 30 vodkas that night and had a history of 70 convictions, including assault, robbery, firearm possession and stolen property. The woman, who was later reported to suffer ongoing anxiety and flashbacks, managed to escape and seek help from a taxi driver. The judge, Martin Nolan, noted the seriousness of the offence and Mitchell's extensive criminal record before imposing the sentence. The case was prosecuted by Seamus Clarke BL and investigated by Detective Garda Niamh Coates. The incident lasted only a few seconds but left the victim with lasting psychological effects. Jeffrey Mitchell pleaded guilty.

2016-02-12 · Dublin

Suspended sentence for man who robbed victim and broke his jaw in "frenzied attack"

In February 2016, the Dublin Circuit Criminal Court sentenced 27‑year‑old Dean Moore to a suspended three‑and‑a‑half‑year term for assault causing harm and robbery. The offence occurred on 3 June 2013 on Pearse Street when Moore, claiming a mistaken belief that the victim was threatening a woman, attacked Conor Muldoon. Moore kicked Muldoon in the head, face, leg and chest, forcing him to surrender his phone and wallet, worth €400. Muldoon suffered a fractured jaw and broken nose and was treated at St James' Hospital. Moore pleaded guilty, had previously handed over €900 as a gesture of remorse, and was described by defence as a bright, good‑with‑numbers young man from a difficult background. The judge noted the incident was isolated and out of character, and the sentence was fully suspended on conditions.

2016-02-10 · Limerick

83-year-old man who said 17-year-old relative consented to sex act is acquitted of rape

In a Central Criminal Court trial, an 83‑year‑old US citizen was acquitted of two counts of rape and two counts of sexual assault against a 17‑year‑old American relative. The accused testified that the sexual acts were consensual, claiming the girl performed oral sex on him after she confided in him about her weight problem. He said she never objected and could have stopped the interactions. The girl testified that she was held down, forced to perform oral sex, and that attempts at penetrative sex were painful and stopped because he was physically unable. A jury of twelve deliberated for just under five hours and returned unanimous not‑guilty verdicts on all charges. The case ended with the accused's acquittal.

2016-02-10 · Dublin

Egyptian man who beat flatmate with belt avoids jail

Mina Fanous, an Egyptian engineer who claimed he had fled after a bomb attack killed his wife and child, was found guilty of assaulting his flatmate Jiagua Chen with a belt, stealing her Samsung phone and damaging her laptop in Sandyford, Dublin, on 20 April 2015. He pleaded guilty at the Dublin Circuit Criminal Court. Fanous had a prior minor theft conviction. The case had been adjourned twice; he was released on bail to gather evidence of his claim. An email from his defence lawyer proved he was still entitled to live in the apartment at the time of the assault. Judge Melanie Greally acknowledged his legal right to remain there and noted his belief that he was defending his rights, though she found his admissions unclear. She imposed an 18‑month sentence, suspending the balance, taking into account time already spent in custody.

2016-02-10 · Dublin

Drugs and mobile phones found in possession of other murder suspect, trial hears

During a Central Criminal Court hearing on 10 February 2016, it was revealed that Gary Flynn, aged 31, was in possession of drugs and two mobile phones when he was arrested by the Gardaí four days after the fatal shooting of Seamus 'Shay' O'Byrne on 13 March 2009. The arrest also uncovered €1,000 in cash. Flynn, who lives on Rossfield Drive in Tallaght, pleaded not guilty to the murder charge. The trial also discussed the arrest of another suspect, Garrett O'Brien, who was apprehended on 17 March 2009 at a house on Oldcourt Avenue in Bray, Co. Wicklow, under Section 30 of the Offences Against the State Act. Gardaí Det. Sgt. Tom McManus and Det. Gda Gary Corrigan testified that O'Brien was alone in the sitting room when seized, and that the items—two mobile phones, blue tablets, Valium, hash, methadone, and €1,000—belonged to him.

2016-02-10 · Dublin

Dublin man jailed over counterfeit cash gardai say was used to "finance the activities of the IRA"

At the Special Criminal Court, Robert Day (44), of Cabra, Dublin 7, was sentenced to two years' imprisonment for the unlawful custody of 400 counterfeit €50 notes at Monck Place, Phibsborough, on February 2, 2014. Day pleaded guilty to the charge. His co-accused, Hubert Duffy (49), of Temple Street, Dublin 1, pleaded guilty to possessing a stolen BMW motorcycle at Phoenix Park Racecourse Apartments, Navan Road, between November 11, 2013, and February 2, 2014. Duffy received an 18-month suspended sentence. Detective Superintendent Thomas Maguire of the Special Detective Unit told the court that the counterfeit money was allegedly used to "finance the activities of the IRA." The court heard evidence that Richard Molloy, previously jailed for six years at Dublin Circuit Criminal Court for selling €20,000 in counterfeit bills, was involved in the transaction at Clarke's pub. Mr Justice Paul Butler, presiding over the non-jury court, stated that the sentencing ignored allegations that the money was part of an IRA fund-raising operation. Day's sentence was backdated to August 10, 2014. The court noted Day had one prior conviction for assault causing harm, while Duffy had no prior convictions.

2016-02-10 · Kilkenny

The baffling nexus between criminal law and mental health

The article discusses how, since the start of the legal term, two murder trials resulted in defendants pleading not guilty by reason of insanity, with juries finding them not guilty after brief deliberations. Both cases involved young men with delusions of persecution who stabbed victims, and the prosecution and defence agreed the men were legally insane. Judges had effectively instructed juries on the verdict. The piece explains that Section 5 of the Criminal Justice (Insanity) Act 2006 allows such pleas and requires psychiatric testimony. It notes that when both sides agree on insanity, the trial still proceeds, which the author finds absurd. The article cites additional cases, including a 2012 trial involving a former MEP's son, to illustrate the system's inefficiencies and potential for miscarriages of justice. It concludes by suggesting a non‑criminal proceeding could better protect vulnerable individuals while reducing the burden on the court system. The unnamed accused was acquitted.

2016-02-09 · Dublin

Scientists discovered firearms residue inside car, murder trial hears

In a Central Criminal Court hearing, scientists reported that firearms residue was found inside a Volkswagen Passat but not in a Nissan Primera, both vehicles suspected of being used in the alleged gang murder of Seamus 'Shay' O'Byrne at Tymon Park North, Tallaght, on 13 March 2009. Dr Thomas Hannigan of the Forensic Science Laboratory explained that samples from the Passat's seatbelt, driver's cockpit and driver's door tested positive for residue, while the Primera's samples were negative. He agreed with the defence that the shooter likely left the scene in the Passat. Garda Terence Toal presented fingerprints linking Gary Flynn (31) and Eugene Cullen to items from the vehicles, matching Flynn's right thumb print to a sample from the Primera's interior passenger door. Gary Flynn pleaded not guilty.

2016-02-08 · Dublin

CCTV footage of car links murder accused to scene of fatal shooting, jury hear

In a 2016 Central Criminal Court hearing, Garda Detective Michael McGrath presented CCTV evidence linking 31‑year‑old Gary Flynn of Rossfield Drive, Tallaght, to the scene of the fatal shooting of Seamus 'Shay' O'Byrne at Tymon Park North on 13 March 2009. The footage showed a Nissan Primera with a defective headlight stopping at a Topaz garage on Forfield Road about 90 minutes before the shooting. A man matching Flynn's description exited the vehicle, wearing a grey tracksuit and white runners, and entered the garage. Further CCTV from a homeowner's system in Tymon Park displayed a saloon‑type car, possibly a Nissan Primera, arriving before five shots were fired and then leaving the estate. Flynn pleaded not guilty, and the trial was set to continue before Justice Patrick McCarthy and a jury of nine men and three women. The prosecution argued that the same case was being made against Flynn as for another suspect, Eugene Cullen.

2016-02-08 · Dublin

Boxer threatens to fire legal team after he is jailed for two years

Daniel Wall, a 23‑year‑old boxer from Tallaght, pleaded guilty in Dublin Circuit Criminal Court to assault causing harm after attacking Gerard Dempsey with a knife on 10 February 2014. The judge ordered Wall to pay €1,100 to the victim before sentencing. Wall received a four‑year sentence, with the final two years suspended on strict conditions. The judge noted Wall's boxing background and his mother's terminal cancer, taking these into account. Wall claimed the attack was unprovoked, while the victim said it was retaliatory. Wall had 57 prior convictions, including robbery and burglary. After the hearing, Wall announced he would fire his legal team, calling the sentence "bollox.".

2016-02-08 · Dublin

Eight-year sentence for man who sexually abused young relative

A 56‑year‑old Dublin man was convicted by a jury of 43 counts of indecent assault against a young relative who was between six and nine years old when the abuse occurred between 1983 and 1986. The victim was cared for by the accused man's mother while her own mother was at work. The court heard that the man forced the victim into a bathroom, locked the door, made her masturbate him, warned her not to tell anyone, and grabbed her vagina on two occasions. The victim's impact statement described the loss of innocence, self‑harm and psychological damage. The judge, Gerard O'Brien, found no remorse and noted the man's lack of prior convictions as a mitigating factor. He imposed an eight‑year sentence, suspended the final year on strict conditions, and urged the victim to consider the matter closed. The accused man does not accept the verdict.

2016-02-08 · Kilkenny

10-year sentence for man who claimed he was in consensual sexual relationship with younger cousin

A 48‑year‑old Kilkenny man was sentenced to ten years' imprisonment, with the final year suspended, for 15 counts of rape, one count of oral rape and one count of sexual assault of a 14‑year‑old boy who lived with his 30‑year‑old cousin. The abuse began when the victim was 14 and continued for over three years, with the man claiming a consensual relationship after the victim turned 16. He admitted forcing the boy to perform oral sex and that he had used cooking oil as a lubricant. The jury heard that the man was often drunk, physically violent and had a history of alcohol problems. The judge ordered the man to undergo alcohol treatment upon release and prohibited any contact with the victim for life. The case was heard in the Central Criminal Court. The unnamed 14-year-old was convicted.

2016-02-08 · Kilkenny

Closing speeches in trial of man accused of Mairead Moran murder

In the Central Criminal Court, Shane Smyth, 29, stood accused of murdering 26‑year‑old Mairead Moran on 8 May 2014 at Kilkenny's Market Cross Shopping Centre. He pleaded not guilty by reason of insanity. Forensic psychiatrists Dr Brenda Wright and Dr Paul O'Connell testified that Smyth suffered from severe paranoid schizophrenia and was incapable of forming the intent required for murder. The prosecution, led by Mr John O'Kelly SC, highlighted the extensive evidence, including eyewitness testimony and long‑term medical records, to support the insanity defence. Defence counsel, Mr Colman Cody SC, emphasised the tragic nature of the case and argued that the only appropriate verdict was not guilty by reason of insanity, ensuring Smyth receives proper treatment while protecting society. The court was instructed to follow the judge's legal directions on all matters. The case remains at the trial stage.

2016-02-05 · Ireland

High Court clears way for prosecution of man over alleged elevator sexual assault of another man

The High Court has allowed a prosecution to proceed against a man accused of sexually assaulting another man in an elevator. The accused, who denies the allegation, had sought an order to halt the trial because he claimed that video evidence of the alleged assault had been destroyed, which he said was prejudicial. The Director of Public Prosecutions opposed the application, arguing the case should go ahead before the District Court. The alleged assault took place in January 2013 in the elevator of an apartment block where both men lived. The accused allegedly asked a question about men with "big cars" and then grabbed the other man's crotch, squeezing his testicles. The complainant, who was believed to be intoxicated, later followed the accused to his apartment. Both parties took photos and videos on their phones, but the accused claimed the images were deleted in the presence of a Garda.

2016-02-05 · Derry

Stephen Cahoon given more time to file appeal against second conviction for murdering pregnant ex-girlfriend

Stephen Cahoon, aged 43, was given an extension to file an appeal against his most recent murder conviction. He had been convicted twice for the murder of his pregnant ex‑girlfriend Jean Teresa Quigley, who was strangled at Cornshell Fields in Derry on 26 July 2008. The first trial ended with no verdict, the second trial on 30 April 2012 resulted in a unanimous guilty verdict by a jury of seven women and five men, and he was sentenced to life imprisonment by Mr Justice Barry White. Cahoon successfully appealed that conviction, arguing the trial judge had misdirected the jury on the defence of provocation. He was tried a third time, found guilty again, and sentenced to life imprisonment by Ms Justice Deirdre Murphy on 3 December.

2016-02-05 · Dublin

Man described by his lawyer as a "jilted lover" has assault sentenced suspended on appeal

A 46‑year‑old man, whose identity is withheld, was convicted in the Central Criminal Court of two counts of assault, harassment and theft against his former partner between November and December 2009. He was sentenced to six years' imprisonment, with the final two years suspended, by Mr Justice Patrick McCarthy on 19 June 2012. He appealed the conviction and the sentence. The Court of Criminal Appeal dismissed his appeal against conviction but allowed his appeal against the sentence, suspending the unserved portion of the sentence. Mr Justice Alan Mahon explained that the victim was a Mauritian woman who had begun a relationship with the man, also Mauritian, and that the assaults involved beatings, slapping, a hair‑straightener and a lamp, causing superficial injuries. The judge noted the sentence was excessive for a first‑time offender and that the suspended period commenced from the date of the appeal hearing. The unnamed 46-year-old pleaded not guilty.

2016-02-05 · Dublin

Part-time RTE caterer has violent disorder sentence suspended on appeal

Dylan Paul, 22, was jailed for violent disorder at an 18th birthday party in Harold's Cross and for sending a menacing text in November 2011. He was sentenced to 18 months' imprisonment by Judge Pat McCartan on 27 June 2013. In February 2016 the Court of Appeal quashed that sentence and imposed a suspended 18‑month term, requiring Paul to carry out 210 hours of community service within 12 months, pay €1,000 to the Forever Angels UK Charity, and keep the peace and be of good behaviour during the suspension. The appeal was based on the original judge's concern that Paul had not named names and had declined to do so, leading to a significant custodial sentence. Paul had been employed part‑time as a caterer for Baxter Storey in RTE and had no prior convictions at sentencing. The court noted his later involvement in a cannabis offence but did not impose immediate incarceration. Dylan Paul pleaded guilty.

2016-02-05 · Dublin

Trainee Montessori teacher sexually assaulted and took pornographic pictures of four-year-old girl

In February 2016 a Dublin court sentenced a 32‑year‑old trainee Montessori teacher for sexual assault and child pornography. He had taken 46 images of a four‑year‑old girl, including her private parts and a photo of him with his finger in her mouth, and sent them to his email. Gardaí discovered 688 images on his hard drives and computers, including 586 of children in erotic poses, over 90 of penetrative and non‑penetrative interactions, and several depicting genital mutilation. The victim's parents testified that the child feared returning to the playschool and suffered lasting trauma. The defendant pleaded guilty to the assault, the production of child porn and possession of the images. He was remanded in custody pending sentencing in March 2016.

2016-02-05 · Dublin

Gardai identifed murder accused with other suspects, jury hears

In a Central Criminal Court hearing on 5 February 2016, Detective Garda Michael McGrath presented CCTV footage that linked three suspects to the March 2009 murder of Seamus 'Shay' O'Byrne in Tallaght. The footage showed Gary Flynn (31) entering the Leisureplex in Coolock with Eugene Cullen and another suspect at 8.50 pm, after the fatal shooting at 8.14 pm. McGrath identified Flynn's Nissan Primera, missing a headlight and wing mirror, and Garrett O'Brien's white Micra, both seen near the Red Cow roundabout. He also described a saloon with a defective headlight entering Tymon Park minutes before the shooting, though the exact make was disputed by defence counsel, who cited teenage witnesses claiming a Volkswagen Passat. Dr Michael Burrington testified that DNA from a mobile phone matched O'Brien's profile, with a one‑in‑two‑million chance of coincidence. The case proceeded to trial before Justice Patrick McCarthy and a jury of nine men and three women. Gary Flynn pleaded not guilty.

2016-02-05 · Kilkenny

Second forensic psychiatrist tells jury that Mairead Moran murder accused was incapable of forming intent

In the Central Criminal Court, a second forensic psychiatrist, Dr. Paul O'Connell, testified that Shane Smyth, 29, suffered from severe paranoid schizophrenia and was not capable of forming a specific intent at the time of the murder of Mairead Moran, 26, on 8 May 2014. Dr. O'Connell reviewed Dr. Brenda Wright's earlier report and agreed that Smyth was mentally disordered, unable to appreciate the nature of his actions, and lacked moral judgment. He was deemed fit to plead and stand trial after a January 2016 review. The jury was also presented with a post‑mortem report by Professor Marie Cassidy, detailing eight stab wounds and multiple organ injuries that caused Moran's death. The trial remains ongoing. Shane Smyth pleaded not guilty.

2016-02-04 · Kilkenny

Mairead Moran murder accused did not have capacity to form intent, psychiatrist tells trial

In the Central Criminal Court, a forensic psychiatrist testified that Shane Smyth, 29, suffered from paranoid schizophrenia and lacked the capacity to form intent during the murder of Mairead Moran, 26, on 8 May 2014. Dr. Brenda Wright, called by the prosecution, presented a psychiatric report prepared at the request of the Director of Public Prosecutions. She described Smyth's long history of psychosis, including auditory hallucinations, delusions of persecution, and a belief that Moran was part of a conspiracy. She noted that Smyth did not understand the nature or moral wrongness of his actions at the time of the offence. The court was informed that Smyth's mental illness required long‑term treatment at the Central Mental Hospital to manage the risk he posed to others. The trial continues. Shane Smyth pleaded not guilty. Mairead Moran pleaded not guilty.

2016-02-04 · Dublin

Assault acquittal for man who claimed gardai had "danced" on his head

Stephen Tuohey, aged 25, was tried for assaulting Garda John Santry in a Dublin cell. The trial, lasting two days, ended with a not‑guilty verdict after just over an hour of jury deliberation. Tuohey denied any aggression, claiming he had blocked the cell's viewing hatch to request a phone call and that Santry had attacked him first. He alleged Santry threw him against the wall, struck him with a tie, and that other officers subsequently assaulted him, describing one as "dancing on my head." Tuohey said he was struck in the ribs and that Santry threatened him with pepper spray. The prosecution's evidence was a brief CCTV clip from the hallway, while the defence argued it showed Santry initiating the violence. No footage of the cell interior was available. The jury accepted the defence's account and acquitted Tuohey. Stephen Tuohey pleaded not guilty.

2016-02-04 · Dublin

Jail for "very nasty man" who tried to bite garda and told him he "had the virus"

Noel Kinsella, 41, was sentenced to five months' imprisonment for obstructing a Garda during a drug search. Kinsella, who has 98 prior convictions, denied the assault charge but was found guilty of obstruction. The incident occurred on 11 November 2013 when Garda Ross Mannix approached Kinsella's home to conduct a search. Kinsella fled, was pursued, and entered the house where he fell on the front door, landing on the Garda. He shouted "I have the virus" and made biting motions at the Garda's leg. The Garda suffered a serious injury, including a fractured hand that required a cast. The judge noted that no drugs were found, but Kinsella was carrying a sizeable amount of money with no explanation. The sentence reflects the obstruction offence, which carries a maximum of six months. The case was heard at the Dublin Circuit Criminal Court.

2016-02-04 · Kilkenny

Kilkenny murder accused told gardai he hadn't taken medication since age 19

In a 2016 murder trial at the Central Criminal Court, 29‑year‑old Shane Smyth pleaded not guilty to the stabbing death of 26‑year‑old Mairead Moran on 8 May 2014 at Kilkenny's Market Cross Shopping Centre. The jury was told that the facts were undisputed and that two consultant psychiatrists had reported Smyth was suffering from psychosis at the time. During three interviews conducted on 9 May 2014, Smyth claimed he had not taken medication since he was 19, that he bought a knife with a wooden bronze handle for €20, and that he did not believe Moran was dead. He admitted to causing the fatal wound but denied planning the attack, stating he did not think he had murdered her. The trial continued with these statements as evidence.

2016-02-04 · Ireland

"Shocking betrayal of trust" by man who raped his sleeping girlfriend, lawyers tell appeal court

Magnus Meyer Hustveit, 25, pleaded guilty to one count of rape and one count of sexual assault against his 28‑year‑old girlfriend between 2011 and 2012. He received a wholly suspended seven‑year sentence from Mr Justice Patrick McCarthy on 13 July 2015. Prosecutors, led by Mary Rose Gearty SC, appealed, arguing the sentence was unduly lenient, citing the repeated rapes, the victim's sleeping state, and the alleged betrayal of trust. They highlighted the victim's trauma and Hustveit's attempts to cross‑examine her medical information. Hustveit's counsel, Caroline Biggs SC, defended the suspended sentence, noting his email admission, good character, youth, low re‑offending risk, cooperation with authorities, and guilty plea. Mr Justice George Birmingham, with two other judges, reserved judgment, noting the hearing's stress but leaving Hustveit's status unchanged. The appeal's outcome remains pending.

2016-02-03 · Kilkenny

Accused claimed woman he stabbed to death had stolen a "vile of his blood"

In a Central Criminal Court hearing, 29‑year‑old Shane Smyth pleaded not guilty to the murder of 26‑year‑old Mairead Moran on 8 May 2014 at Kilkenny's Market Cross Shopping Centre. The jury was told the facts were undisputed and that two consultant psychiatrists reported Smyth was suffering from psychosis at the time. Witnesses, including his cousin Rosemary Grogan, his partner Christy Fahy, and others, testified that Smyth claimed Moran had stolen a "vile of his blood," installed hidden cameras, and placed black‑widow spiders in his house. He also alleged that he had been bitten by spiders and that he was forced into a gang war. Smyth was arrested at his cousin's home at 10:05 pm that night, and the trial continues. The prosecution presented evidence of a blood sample taken while Smyth was in custody, which showed no detectable substances. The case remains in progress.

2016-02-03 · Dublin

Assault accused claims garda attacked him with clip-on tie

Stephen Tuohey, aged 25, is accused of assaulting Garda John Santry in a Blanchardstown Garda Station cell on 25 June 2011. He pleaded not guilty at Dublin Circuit Criminal Court. The prosecution's main evidence is a few seconds of CCTV footage from the hallway outside the cell, showing Tuohey becoming aggressive because he could not have his own clothes and was returned to the cell for safety. The defence argues the footage shows Santry becoming aggressive, "getting up in his face," before throwing Tuohey into the cell and beating him. Santry, acting as jailer that morning, claims he checked on Tuohey, who was banging the cell door and covering the hatch. He says Tuohey lunged at him, spat, kicked and punched, and that Santry was forced to restrain him. Santry reports minor injuries and denies assault, stating the CCTV lacked audio. The trial will conclude before Judge Petria McDonnell and a jury.

2016-02-03 · Dublin

Man found not guilty of murdering Dublin granddad by reason of insanity

A 30‑year‑old man, Dragos Nica of Mourne Park, Skerries, was found not guilty by reason of insanity for the murder of Michael Gannon, 55, at Gannon's home on 14 November 2013. Nica, originally from Bacau, Romania, had lived in Ireland for 19 years and claimed he believed Gannon's daughter Jade had poisoned him. He said he woke with a numb finger and a "bubbling" arm, and that he was panicking and wanted to "take it out on the world." He armed himself with a second knife and went to Jade's house, where Gannon was babysitting children. Gannon was stabbed in the chest and died a few feet from the wound. Nica called emergency services after the attack. Two psychiatrists testified that Nica was suffering from an acute psychosis of schizophrenia at the time of the stabbing.

2016-02-03 · Dublin

Gardai trawled through days of CCTV footage in investigation in to alleged murder, trial hears

Gary Flynn, of Rossfield Drive, Tallaght, is on trial at the Central Criminal Court, having pleaded not guilty to the alleged murder of Seamus 'Shay' O'Byrne at Tymon North Park on March 13, 2009. Prosecuting counsel Alex Owens SC stated it is the prosecution's case that Flynn was part of a "murder gang" that plotted the killing. Detective Garda Michael McGrath testified that gardai trawled through days of CCTV footage from south and west Dublin to investigate the incident. He presented footage tracking a Ford Transit Van, a red Honda Accord, and a white Nissan on March 12. The evidence showed Eugene Cullen arriving in the Ford Transit to purchase petrol, while Garret O'Brien arrived in the Honda Accord wearing a New York Yankees cap and blue hoodie. A second man in a grey Nike jumper was also observed. Footage from the Red Cow Hotel area indicated an interaction between the vehicles. On the day of the alleged murder, a speed camera captured the Nissan Micra with a driver wearing similar attire to O'Brien. The trial continues before Justice Patrick McCarthy and a jury of nine men and three women.

2016-02-03 · Monaghan

Trial of Armagh man and son accused of assault cannot proceed this week

Eugene Hanratty Senior, aged 57, of Castleblaney Road, Crossmaglen, and Eugene Hanratty Junior, aged 34, of Dundalk Road, Armagh, face charges of assault causing harm to a man in Castleblaney, County Monaghan on 24 November 2012. The trial of the father and son was scheduled to commence this week at Dublin Circuit Criminal Court but could not proceed. Defence counsel cited particular reasons for the adjournment. Judge Sarah Berkeley rescheduled the trial to commence on 25 October, with a pre-trial hearing set for June. Both men were charged following the alleged assault in the Monaghan locality.

2016-02-03 · Dublin

Man who escaped war-torn Liberia knocked onto Luas tracks by teen in violent robbery

Lewis Smith, 19, pleaded guilty to the robbery of Joseph Benson at City West Luas on 17 April 2015. Smith, who has 12 prior convictions, and a friend attacked Benson, shouting "get him" and kicking him. Smith tripped Benson onto the tracks, where his accomplice continued to kick him in the head. The victim's phone was taken. CCTV footage was shown in court. Smith's co‑accused, a cousin of the defendant, was defended by counsel who noted a similar attack in 2014 that killed a man. Benson, who fled Liberia 17 years earlier, suffered serious injuries and was hospitalized for three days. Judge Sarah Berkeley remanded Smith in custody until 4 April for sentencing. The case was heard at Dublin Circuit Criminal Court.

2016-02-03 · Kilkenny

Accused "hanging around" Mairead Moran's workplace weeks before he stabbed her to death

In a Kilkenny murder trial, the jury heard that Shane Smyth, aged 29, was accused of stabbing Mairead Moran, aged 26, to death on 8 May 2014 at Market Cross Shopping Centre. The court was told that weeks before the murder, security staff reported that Smyth was "hanging around" the centre and "freaking" Moran out. On 3 April 2014, security guard John O'Donoghue received a call from Moran, who said her ex‑boyfriend was present and unsettling. O'Donoghue saw Smyth, informed colleague Liam Dwyer, and asked him to leave. A second guard, Richard O'Donoghue, reported that on 10 March 2014, Moran had requested Smyth's removal and described him as walking up and down outside the shop. The trial continues with Smyth pleading not guilty on grounds of insanity, supported by psychiatric reports of psychosis. The jury has been told the facts are not disputed. The case remains in progress.

2016-02-03 · Louth

7 of Ireland's Longest Serving Prisoners

In 2015, approximately 350 people were serving life sentences in Irish prisons, with life terms averaging around 18 years. However, a select number of prisoners have served substantially longer. John Shaw and Geoffrey Evans, convicted in 1978 of abducting, raping and murdering two women in 1976 and 1977, received life sentences. Evans died in 2012 after 34 years in custody. Shaw remains imprisoned after nearly 38 years. Jimmy Ennis, now aged 84, is Ireland's longest-serving prisoner, having been incarcerated over five decades for a 1964 murder in County Cork. Noel Callan from Castleblayney, County Monaghan, and Michael McHugh were sentenced to death in 1985 for the killing of Sergeant Patrick Morrissey near Tallanstown, County Louth. Their sentences were commuted to 40 years imprisonment and both were released in 2015 after 30 years. Colm O'Shea and Patrick McCann received death sentences in 1980 for murdering two gardaí during a bank robbery in Ballaghedereen, County Roscommon, later commuted to 40 years. Both were released in 2013 after serving 33 years.

2016-02-02 · Dublin

Murder accused considered killing deceased's grandchildren, trial hears

In a 2016 trial, a 30‑year‑old man from Skerries, Dragos Nica, pleaded not guilty by reason of insanity for stabbing a 55‑year‑old neighbour, Michael Gannon, to death on 14 November 2013. The jury heard that Nica had previously considered killing Gannon's young grandchildren and that he had a history of chronic paranoid schizophrenia, with delusions and hallucinations. He had been admitted to psychiatric facilities on several occasions, often involuntarily, and had a long record of drug use, including cannabis, heroin and ecstasy. On the night of the murder, Nica claimed he believed he had been poisoned by Gannon's daughter and that he was in an agitated state, grabbing a larger knife after a smaller one. He called emergency services after the stabbing, claiming he had stabbed someone. The trial was set to continue with closing speeches before a judge and jury.

2016-02-02 · Dublin

Army Private jailed for attempted rape

A 28‑year‑old army private, Bernard Fleming, was convicted of attempted rape, oral rape and sexual assault of a woman in Dublin on 24 September 2011. The incident began after the victim and Fleming's friend had been drinking outside an early house; the victim later went to Fleming's home where they continued drinking. Fleming, drunk and wearing only a towel, attempted to kiss and have sex with the victim, who fled the room and was helped by others. He was arrested and denied the allegations, claiming he was fully clothed. The victim, who declined a victim impact statement, was found to have bruises consistent with being held down. The court noted no predatory element but that Fleming had taken advantage of a drunken woman. He was sentenced to six years' imprisonment, with the final three years suspended, and ordered 18 months of post‑release supervision and probation service engagement. Bernard Fleming pleaded not guilty.

2016-02-02 · Dublin

Dublin man showed gardai how he burgled credit union, court hears

Thomas Plunkett, 44, of Markievicz House, Dublin, pleaded guilty at Dublin Circuit Criminal Court to burglary of St Patrick's Credit Union, Herbert Place, attempted burglary at Merrion Square and assault of Garda Paul Carroll at Pearse Street Garda Station on Easter Monday, April 21, 2014. He was remanded in custody pending sentence. Plunkett was caught with a laptop and overhead projector belonging to the credit union a short distance from where he had tried to break into a Merrion Square home. Garda Barry Moran said Plunkett, who had cuts and blood on his face, neck and hands, initially claimed he didn't know what was in the two bags that he'd been trying to hide. He then co‑operated and showed gardaí the credit union's smashed rear window, but later turned aggressive when officers took his phone. Plunkett refused to switch off his phone on the way to the garda station and became aggressive after it was taken from him.

2016-02-02 · Wicklow

Knife-wielding robber twice released on bail only to commit further robberies

Jamie Carroll, 33, of Arklow, Co Wicklow, was sentenced at Dublin Circuit Criminal Court after pleading guilty to five counts of robbery. Judge Sarah Berkeley imposed a six-year custodial sentence, suspending the final two years. The offences occurred on November 11, 2014, at Day 2 Day on Military Road and Boyle Sports in Monkstown; on November 22, 2014, at Bus Stop Shop in Enniscorthy; and on April 8, 2015, at Londis on Foxrock Avenue. On each occasion, Carroll allegedly armed with a knife to demand money. Defence counsel Colman Fitzgerald SC noted Carroll's history of heroin addiction and presented clean urine analysis reports, arguing he was now drug-free. The judge acknowledged the robberies were committed to feed his addiction and that no physical violence was used, though staff were threatened. She suspended the final two years of the sentence, citing Carroll's remorse and co-operation with the Garda investigation. Carroll had previously been released on bail twice, including a March 30, 2015 release for a residential drug treatment program which he failed to attend due to intoxication, before committing the final robbery. He has 121 previous convictions, primarily for driving and public order offences.

2016-02-02 · Kilkenny

Murder accused suffered from psychotic illness that remained untreated for years, jury hears

In a Kilkenny murder trial, a 29‑year‑old man, Shane Smyth, pleaded not guilty by reason of insanity after stabbing Mairead Moran, 26, at the Market Cross Shopping Centre on 8 May 2014. The prosecution presented evidence that Smyth had been diagnosed with schizophrenia in 2005, had received treatment in a psychiatric hospital, and had remained untreated since 2006. Two consultant psychiatrists reported that he suffered from paranoid schizophrenia and was experiencing active psychotic symptoms at the time of the killing, impairing his capacity to form intent and understand the nature of his act. The court heard that Smyth had previously confronted Moran, spat at her, and that on the day of the murder he entered the Holland and Barrett shop, attacked her with a knife, and fled to a cousin's house before being arrested. The trial continues.

2016-02-02 · Dublin

Decommissioned museum gun used to kill Dublin man, trial hears

In a 2016 Central Criminal Court hearing, Detective Garda Janette O'Neill presented a Webley & Scott revolver found in a car near the site where Seamus 'Shay' O'Byrne was shot dead in 2009. The gun had been decommissioned by the Birmingham Proof House museum, but O'Neill noted that the firing arm had been replaced and the barrel refilled, restoring its functionality. Five spent cartridges were recovered, and State Pathologist Professor Marie Cassidy confirmed five bullets in O'Byrne's body, though they were of the wrong calibre for the revolver. Gary Flynn, 31, pleaded not guilty to the murder. The court also heard CCTV evidence from a local Spar showing a nervous man purchasing items on the day of the shooting, and additional surveillance from petrol stations and a Topaz shop. The trial proceeded before Justice Patrick McCarthy and a jury.

2016-02-02 · Ireland

What is the maximum sentence for indecent assault against a male (1981-1991)?

On 2 February 2016 a seven‑judge panel heard the DPP's appeal against the Court of Appeal's decision in DPP v Maher. The Court of Appeal had held that, following the 1937 Constitution and the 1935 Criminal Law Amendment Act, the maximum sentence for indecent assault against a male between 1981 and 1991 was two years, the same as for a female at that time. The DPP argued that the Supreme Court had misapplied DPP v SM, which had not limited the penalty for a male to two years but had only set a statutory maximum of ten years for a female. The Supreme Court, in its determination, agreed that the issue was of general public importance and allowed the appeal, recognising that the correct sentencing guidelines for indecent assault against a male between 1981 and 1991 should be based on the statutory maximum of ten years rather than the two‑year limit imposed by the Court of Appeal. The unnamed accused pleaded guilty and was convicted.

2016-02-01 · Dublin

Murder accused told gardai he was poisoned by deceased's daughter, trial hears

In the Central Criminal Court, Dragos Nica, 30, pleaded not guilty by reason of insanity for stabbing Michael Gannon, 55, to death on 14 November 2013. Nica admitted to the stabbing and that Gannon died from the wound. He claimed he was poisoned by Gannon's daughter, Jade, and that the poison forced him to act. Garda Sergeant David Kemp recounted that Gannon was babysitting children when Nica entered the house, stabbed him, and fled. Nica later called 999, stating he was poisoned and had to kill to stop it. He was interviewed four times, during which he described feeling a "poison" sting, being angry and despairing, and that he had stopped his medication and smoked cannabis. The jury heard evidence of Nica's acute schizophrenia at the time of the killing. The trial is expected to last three days.

2016-02-01 · Dublin

Murder investigation traced can of Red Bull from Swiss factory to Dublin shop

The Central Criminal Court heard evidence during the ongoing trial of Gary Flynn, who has pleaded not guilty to the alleged murder of Seamus 'Shay' O'Byrne at Tymon Park North in Tallaght on March 13, 2009. Detective Sergeant Daniel Kelly testified that gardai traced a can of Red Bull found at the scene to a specific batch produced in Switzerland. The can was linked to a Spar shop in Ballymount, where it was delivered on January 16, 2009. Factory records indicated the can was one of a maximum of 800 produced with that specific code. Garda Patrick Tarrant presented CCTV stills from the same shop showing a man identified as Garrett O'Brien purchasing two cans of Red Bull at 6.35 pm on the day of the shooting. Tarrant noted that the green rain jacket worn by O'Brien matched one found in a vehicle believed to have been used by the group alleged to have killed Mr O'Byrne. Prosecuting counsel Alex Owens SC stated the prosecution intends to demonstrate that Flynn was part of a "murder gang" that executed a plot to kill the victim. The trial continues on Tuesday.

2016-02-01 · Dublin

Convicted killer and armed robber sees post office raid as last of his offending, court told

Kenneth Wilson, 46, of Deansrath Road, Clondalkin, Dublin, faces sentencing for the robbery of Bawnogue Post Office in November 2012. Wilson, who was armed with an axe, entered the post office with two other men who had a crowbar and an imitation handgun. They broke the security glass, took over €7,000 from the registers, and fled in a blue BMW. Wilson was apprehended near Deansrath Lawns, where he was seen running from the vehicle. He was later arrested, interviewed ten times, and pleaded guilty to the robbery. Wilson has 18 prior convictions, including manslaughter and armed robbery, and was sentenced to ten years for possession of firearms in 2009. In court, his defence counsel stated that he views this robbery as the last of his offending behaviour, that he is seeking work, and that he poses a low risk of re‑offending. The judge ordered a probation report and remanded Wilson in custody until 15 April 2016.

2016-02-01 · Kilkenny

Man who claimed he was in consensual sexual relationship with his younger cousin to be sentenced for rape

A 48‑year‑old Kilkenny man, whose identity is withheld to protect the 32‑year‑old victim, was convicted by a Central Criminal Court jury of 15 counts of rape and oral rape and one charge of sexual assault. The jury found that the man, who claimed a consensual relationship with his younger cousin, had sexually assaulted the 14‑year‑old when the victim was 16. He admitted to having sexual contact with the teenager roughly two or three times per week for over three years, including forced oral sex and repeated rapes. The victim reported that the man used cooking oil as lubricant, threatened to shoot him and his father, and punched him on the back of the head. The man was arrested in December 2009 after a complaint filed in March 2008. The case was adjourned for sentencing on 8 February 2016.".

2016-02-01 · Kilkenny

Man denies murdering woman at Kilkenny shopping centre by reason of insanity.

A 29‑year‑old man, Shane Smyth, pleaded not guilty to the murder of 26‑year‑old Mairead Moran at the Market Cross Shopping Centre in Kilkenny on 8 May 2014. He claims the offence was committed by reason of insanity. The case is being heard at the Central Criminal Court, where Justice Margaret Heneghan informed a jury of nine women and three men that the trial would likely finish within a week, but it would not begin until the following day at 11 a.m. The hearing will proceed with evidence from tomorrow onward.

2016-01-29 · Dublin

Youth "jabbed" stranger in buttock with knife "for no apparent reason"

In a 2014 incident at Show Nightclub, Tallaght, a 19‑year‑old named Ciaran Meleady stabbed a stranger in the buttock with a knife, claiming the victim had also been stabbed. No prior interaction existed. Meleady, who had eight prior road‑traffic convictions and was taking medication for depression, pleaded guilty to assault causing harm. The victim required steri‑strips and antibiotics. Judge Melanie Greally described the act as occurring "for absolutely no apparent reason," citing possible alcohol‑medication interaction and the recent death of Meleady's grandmother. She sentenced him to 18 months, suspended in full for two years. The knife was not recovered and the assault was not captured on CCTV, though footage showed Meleady standing behind the victim before the attack. Meleady left the premises when Gardaí arrived and was later identified via CCTV. The case was prosecuted by Rosin Lacey BL and defended by Kieran Kelly BL.

2016-01-29 · Dublin

Dublin man had multiple bullet wounds, State Pathologist tells murder trial

Professor Marie Cassidy, State Pathologist, gave evidence at the Central Criminal Court regarding the murder of Seamus 'Shay' O'Byrne, who was shot five times on 13 March 2009 at Tymon Park North, Tallaght. She described the bullet wounds: one in the head, two in the back, one in the right shoulder and one in the left thigh. The wounds to the torso caused extensive bleeding and damaged the lungs and heart, leading to death. The head wound caused bruising to the brain surface, while the hip wound was a superficial flesh injury. Cassidy noted that the hip bullet might also have injured Sharon Rattigan, who was shot when she tried to wrestle the gun. She could not determine if all bullets came from the same gun. Garda evidence included swabs and fingerprints taken from Gary Flynn, the accused, by Sergeant Ciaran Loughrey and Garda Declan Claffey. The trial continues before a jury and Justice Patrick McCarthy. Gary Flynn pleaded not guilty.

2016-01-29 · Waterford

Can the Garda Commissioner summarily dismiss a garda convicted of a criminal offence?

In 2011, Ms Martha McEnery was convicted of assault by the Waterford Circuit Court and sentenced to four months imprisonment, suspended for six months. The Court of Criminal Appeal upheld the conviction. Despite a clean disciplinary record and prior commendations, the Garda Commissioner served her with notice of intent to summarily dismiss her under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, citing her unfitness for retention. McEnery filed judicial review proceedings, arguing that the Circuit Court conviction did not preclude the Commissioner from conducting his own inquiry. The High Court dismissed her application, holding that the courts should not decide what behaviour warrants dismissal; that decision lies with the Commissioner and Minister. McEnery appealed to the Court of Appeal, which reversed the High Court, holding that Regulation 39 requires both material facts and a breach of discipline to merit dismissal.