Court archive

Court reports from 2023

2023-07-27 · Dublin

Convicted sex offender raped, abused and exploited child over 10-year period

In a Central Criminal Court hearing, Thomas Neville, 59, was found guilty of one count of rape, one count of child exploitation and 20 counts of sexual assault against a girl who was 14 at the time of the first offence. The offences occurred in Dublin between 2010 and 2020. Neville, who has 35 prior convictions, including 34 for traffic offences and one for sexual assault, denied the allegations. The court heard that Neville gave the victim cocaine and took cocaine in her presence, and that he performed a range of sexual acts including placing his finger in her anus, touching her breasts, humping her, blindfolding her, forcing her to guess a food item, and making her mouth contact his penis and tongue. The victim, who has struggled with mental health issues, gave a victim impact statement. The case was adjourned for finalisation on 23 October.

2023-07-27 · Dublin

Garda stop and search led to €700k cocaine find

In a Dublin Circuit Criminal Court hearing, Stephen Tormey, 39, pleaded guilty to possession of 9 kg of cocaine valued at €702,702 and €2,900 in cash, believed to be proceeds of crime, after a Garda stop and search in Carpenterstown on 3 February. He had six prior convictions. Judge Elma Sheahan, noting the mandatory minimum of ten years but considering his early guilty plea and cooperation, imposed a headline sentence of eight years. She suspended six months of the sentence, giving a final custodial term of five and a half years, backdated to his arrest. The court considered mitigating factors such as his cooperation, lack of wealth, and his efforts at rehabilitation, while acknowledging the impact on his family. The case was prosecuted by Kate Egan BL and defended by Dominic McGinn SC. The Garda investigation was led by Detective Garda James Doolin, who seized the drugs and cash during the search.

2023-07-27 · Dublin

Ex-Trinity student turned serial sex offender jailed for attacks on nine women in broad daylight

Kevin Kletzander, a former Trinity College student, was sentenced to three and a half years' imprisonment for sexually assaulting nine women in daylight attacks across Dublin city centre in August 2021. The sentence, back‑dated to August 2021, allows a maximum of 18 months' custodial time. The court heard that Kletzander, who had no fixed abode, was arrested after slapping a female Garda at Store Street Garda Station. He pleaded guilty to nine counts of sexual assault at locations including Grafton Street, St Stephen's Green, Aston Quay, Usher's Island, the Ilac Shopping Centre and the Garda station. Victim impact statements described the assaults as humiliating and shocking, with one woman unable to socialise afterwards. Kletzander's mother attended court, offering to pay for a private psychological assessment but not for accommodation upon release. The judge ordered good behaviour for four and a half years and compliance with probation and mental‑health treatment directives.

2023-07-27 · Dublin

Extradited ATM fraudster rumbled by GoCar GPS

Ovidiu Raducanu, aged 38, was extradited from the UK and jailed for stealing more than €8,500 from 11 AIB ATMs in Dublin between 6 and 10 January 2020. He used a "transaction reversal fraud" scheme, inserting a genuine card to withdraw a small amount, placing a trapping device, then inserting a gift or loyalty card to withdraw the maximum amount, which was manually removed. The device triggered a re‑credit of the original card, leaving the bank account unchanged on the statement. Gardaí traced the thief and his accomplice's movements using GPS data from rented Go‑Cars and CCTV footage. Raducanu caused €5,800 of damage to the machines, and AIB suffered a total loss of €14,343. He pleaded guilty to 32 offences, including 15 thefts, 7 attempted thefts and 10 criminal damage.

2023-07-27 · Ireland

Watchdog denies claims that complaint into alleged massive data breach by Google not properly investigated

In the High Court, Dr Johnny Ryan, a senior fellow of the Irish Council for Civil Liberties, sought judicial review against the Data Protection Commission (DPC), alleging it failed to adequately investigate a 2018 complaint regarding Google's alleged 'Real Time Bidding' data processing. Dr Ryan claimed the DPC breached the 2018 Data Protection Act and GDPR by not investigating with due diligence. The DPC, represented by Joe Jeffers SC, denied all claims, asserting it opened a voluntary inquiry in 2019 that remains ongoing. It argued the proceedings were time-barred and premature, maintaining that its investigative discretion is not amenable to judicial review. Dr Ryan, represented by James Doherty SC and Sean O'Sullivan BL, countered that the DPC had not complied with its GDPR obligations to investigate how Google gathered and distributed personal data. He noted a similar complaint concerning IAB Europe was processed by the Belgian Data Protection Authority. Google, a notice party, stated it would not actively participate. Mr Justice Garrett Simons heard submissions and indicated he intends to reserve his decision, to be returned at a later date. The matter was adjourned, with the hearing continuing.

2023-07-27 · Dublin

'Floridly psychotic' man believed there was homosexual conspiracy' in prison

In a Central Criminal Court hearing, Michael Connolly, 55, pleaded not guilty to the murder of Mark Lawlor, 37, in Cloverhill Prison. Connolly, who had been remanded for unrelated matters, allegedly scalded Lawlor with hot water before strangling him on the night of 22‑23 November 2019. Witnesses described Connolly as calm and unresponsive when officers entered the cell. Forensic evidence showed multiple superficial burns, lacerations, and asphyxiation as the cause of death. Connolly claimed he believed Lawlor was a "kingpin" and that a "homosexual conspiracy" existed between prisoners and officers. Two psychiatrists testified that Connolly was suffering from an active mental disorder, diagnosed as schizoaffective disorder in 2019. The jury will decide whether to apply a special verdict of not guilty by reason of insanity or a manslaughter conviction. The trial continues tomorrow before Justice Siobhan Lankford.

2023-07-27 · Cork

Mum tells appeal she pleaded guilty to harassment under duress

Marlies Walsh, 51, of Pedlers Cross, Clonakilty, pleaded guilty on the first day of her trial to one count of repeated harassment of a Temple Street Hospital doctor in 2018 and 2019. She had contacted the doctor and other hospital staff by phone and email from December 2017 to August 2020 while her 21‑year‑old son, a kidney transplant patient, was cared for at the hospital. The judge found that Walsh had engaged in repeated harassment and imposed a two‑year sentence, fully suspended on strict conditions, and barred her from contacting the doctor or approaching his residence or workplace for 20 years. At the Court of Appeal, Walsh, representing herself, claimed she was under duress and that her guilty plea was made to prioritise her son's care. The appeal was dismissed, with the court reserving its judgement.

2023-07-27 · Ireland

'Humane' production firm ordered to pay €10k for breaching maternity rights

Nomos Productions Ltd was ordered to pay €10,000 to Emma Rooney after a tribunal found the company had breached her maternity rights by failing to give her a written reason for her dismissal. Rooney, a pregnant producer, was dismissed after a months‑long "personality clash" with sales executive Amy O'Connor. The company offered vague explanations such as "synergy" and "style" at a termination meeting, which the tribunal deemed insufficient under the Equal Status Act. Rooney's complaint, filed under the Employment Equality Act 1998, alleged the dismissal was to avoid paying maternity leave. The tribunal ruled the dismissal was not discriminatory but a serious breach of the Act for not providing written grounds, and ordered the €10,000 payment. The case highlights the requirement for clear written reasons when terminating maternity‑protected employees.

2023-07-27 · Limerick

Limerick criminal jailed for helping McCarthy-Dundon gang in attempted murder of Christy Keane

A Limerick man has been sentenced to seven and a half years imprisonment, with the final year suspended, by the Special Criminal Court for assisting the McCarthy-Dundon organised crime group in the attempted murder of drug dealer Christy Keane in June 2015. Noel Price, aged 45, of Kileely Road, Limerick, pleaded guilty to making a vehicle available to the criminal organisation with knowledge of its intended use. The court heard that Price travelled to Dublin with a senior member of the gang, collected a white Volvo, and drove it back to Limerick in convoy. The vehicle was later used as a getaway car following the shooting of Keane at the University of Limerick, where he sustained three gunshot wounds but survived. Presiding Judge Alexander Owens noted Price's extensive criminal history and applied a 25 per cent reduction to the headline ten-year sentence to account for his guilty plea and addiction issues. Price has been in custody since his charging in June 2020.

2023-07-27 · Cork

Date set for Brazilian man charged with murder of Bruna Fonseca

A 29‑year‑old Brazilian man, Miller Pacheco, is charged with the murder of 28‑year‑old Bruna Fonseca, a qualified librarian who had moved to Cork in September last year and worked as a cleaner at Mercy University Hospital. Fonseca was found dead in a bedsit flat on Liberty Street on New Year's Day, just hours after she had gone out to celebrate New Year's Eve in Cork city centre. Justice Melanie Greally has set a trial date of 24 June 2024 at the Central Criminal Court, with case management scheduled for 24 November.

2023-07-27 · Dublin

Fatal stabbing 'left behind a river of agony and tears', judge notes

In a Central Criminal Court trial, Andrew Lacey, aged 35, was acquitted of murder but convicted of manslaughter in the fatal stabbing of Derek Reddin, aged 31, on Loughlinstown Drive. The case centred on a feud between the families that escalated after a drunken row, not involving organised crime or drugs. Lacey claimed he was attacked by Reddin, who had a metal baseball bat, and that he used a knife he carried for work to defend himself. The jury found Lacey guilty of manslaughter, with a maximum penalty of life imprisonment, but the judge noted his culpability fell in the middle of the four‑to‑ten‑year range. Lacey's defence argued his moral culpability was at the low end of that bracket, citing his lack of prior convictions and character references from family, friends and colleagues. The sentencing hearing will consider the impact on Reddin's family, including his two sons, and Lacey's own children.

2023-07-27 · Dublin

Manager at Luas operator said he wouldn't 'hire blacks or Indians', worker alleges

A former Luas employee, Matthew Cullen, claims a security manager at Transdev Dublin Light Rail Ltd said he would not hire black or Indian staff during a training session in April 2021. Cullen alleges the remarks were illegal and that he reported equipment faults and safety concerns that were ignored. He also says he was sent home after raising a health‑and‑safety issue about being rostered with only one guard. Transdev denies any penalisation or protected disclosure. An employment tribunal has issued an order preventing Cullen from discussing the case on his podcast until the Workplace Relations Commission decides the matter. The tribunal also ruled Cullen's secret recordings inadmissible and barred him from making further public comments about the case. The tribunal will issue a written decision later.

2023-07-26 · Louth

Zimbabwean fraudster posed as child psychologist for years

Nikiwe Dube, 41, was sentenced to four years' imprisonment at Dublin Circuit Criminal Court after pleading guilty to four charges of using a false instrument and two counts of deception. Judge Elva Duffy stated that Dube, who admitted to the offences, had posed as a child psychologist without the required academic qualifications, abusing the trust of vulnerable children and adolescents. The court heard that Dube used forged documents, including a psychological transcript with a false garda stamp, a fake PSI identification badge, and a false medical certificate, to secure employment. He dishonestly induced TTM Healthcare to place him on their books of employment between August 15, 2021, and September 9, 2021, causing a loss, and induced the HSE to give him an interview for employment on August 18, 2022. Dube received €172,000 in wages and expenses while working for Gateway Residential Care in Sligo. Judge Duffy noted that gardaí have not been able to confirm Dube's true identity, which is of concern to the court. While acknowledging mitigation factors such as his immediate admissions, remorse, and lack of previous convictions, the judge determined the case warranted a headline sentence of five and a half years. The final sentence of four years was backdated to August 5, 2022, when Dube first went into custody.

2023-07-26 · Dublin

'Trusted cog' in €1.5m drugs operation gets eight-year sentence

Stephen Carberry, 45, of Sandymount Avenue, Dublin 4, was found guilty of possessing over €1.5 million worth of cocaine and ecstasy in a decade‑old drugs operation. He was convicted on five counts of possessing cannabis and ecstasy for sale and supply at The Strand, Donabate, on 23 May 2013. The trial at Dublin Circuit Criminal Court in April led to a headline sentence of 11 years, later reduced to nine years with the final 12 months suspended. Judge Elma Sheahan credited Carberry for over 360 days already served and back‑dated the sentence to April of the current year, giving a total custodial term of about six years and ten months. Carberry had 62 prior convictions, mainly for traffic offences, and had spent just under a year in custody before release. He was re‑charged in 2014, refused bail, and has remained in custody since the trial's conclusion.

2023-07-26 · Meath

Hotel's injunction over night time horn being complied with, court told

In a High Court hearing on 26 July 2023, Mr Justice Brian O'Moore confirmed that the temporary injunction issued last week against three owners of luxury holiday lodges near the Johnstown Estate hotel was largely complied with. The injunction, which restrains the use of sirens, airhorns, alarms or power generators that produce loud noise near the hotel, was obtained after the hotel stopped supplying electricity and water to the lodges. The court heard that the siren's noise had ceased and that signs criticizing the hotel's owner had been removed. Two of the defendants, David Godwin and Martin Kennedy, who appeared in court, offered written undertakings to comply with most terms, though no undertakings were offered regarding their generators. Mr Justice O'Moore said he would continue the injunction on the generators and urged a compromise, while the third defendant, Peter Wilson, was absent and the orders against him were maintained. The matter was adjourned to August.

2023-07-26 · Meath

Judge's charge in trial of two murder accused brothers adjourned

The trial of Ian Connaghan (34) and Daniel Connaghan (43) for the murder of 55‑year‑old Michael 'Mick' Mulvey is set to resume after the jury was excused early due to a family issue with one juror. The State alleges the brothers assaulted Mulvey near The Halfway House Pub on 14 November 2019, leaving him on the ground and later delivering a severe beating at a roundabout. Mulvey died two weeks later, with the prosecution arguing the injuries contributed to his death but were not the sole cause. The brothers pleaded not guilty to murder, intentional or reckless serious harm, and assault causing harm. Mr Justice Paul Burns explained that if the jury finds the brothers caused the death but lack intent for murder, a manslaughter verdict is appropriate; if intent is proven, a murder verdict is required. The jury will return tomorrow for the judge to continue his charge.

2023-07-26 · Kerry

Kerry pimp to stay behind bars as rape conviction upheld

Emmet O'Connor, a 30-year-old man from Co. Kerry, has been ordered to remain in custody after the Court of Appeal dismissed his appeal against convictions for rape, organising prostitution, and intimidating a witness. In December 2020, a jury at the Central Criminal Court unanimously found O'Connor guilty of two counts of rape, organising prostitution, and intimidating a witness by sending graphic Snapchat messages to the complainant. He had denied all charges. In April 2021, Mr Justice Michael White sentenced O'Connor to eight years' imprisonment for rape and anal rape, to two years for organising prostitution – to run consecutively with the rape sentences – and to another consecutive year for the intimidation offence. Ms Justice Tara Burns, presiding over the appeal, rejected O'Connor's arguments regarding the admissibility of 'recent complaint' evidence from the victim's sister and a Ruhama counsellor, finding no prejudicial effect. The court also dismissed claims of unfairness concerning late forensic analysis of the complainant's clothing, noting the defence could have sought its own expert. Furthermore, the appeal against the intimidation conviction was rejected, with the court affirming that the trial judge properly directed the jury on the requisite intent. The Court of Appeal upheld all convictions, meaning O'Connor must serve his effective sentence.

2023-07-26 · Ireland

Man (55) goes on trial accused of Cloverhill prison murder

A 55‑year‑old man, Michael Connolly, will stand trial for the murder of Mark Lawlor inside Cloverhill prison four years ago. Connolly pleaded not guilty before a jury of seven men and five women. Justice Tony Hunt told the jurors the trial is expected to be short and finish by Monday.

2023-07-26 · Wicklow

Man corruptly received intelligence from garda Pulse system

In a Dublin Circuit Criminal Court hearing, Daniel Webb, 33, pleaded guilty to two counts of active and passive corruption for receiving confidential Garda Pulse system intelligence from former civilian employee Holly Hayden, 27. Webb had been spending up to €200 a night on cocaine and Xanax when Hayden supplied him with 17 lines of intelligence, including screenshots, about Webb and his associates on 6 and 9 September 2019. Hayden also provided a synopsis of Pulse data via Telegram and sent information on Garda checkpoints to a third party. Webb cooperated during a search of his home and car, and his mobile phone was seized. Hayden later pleaded guilty to disclosing confidential information and accessing it for personal gain. The court adjourned Webb's case for finalisation on 6 October, and Hayden's case on 6 November. Judge Orla Crowe noted the seriousness of the breach and considered Webb's clean record and early guilty plea before sentencing.

2023-07-25 · Ireland

Boy remains living in family home with sister he raped and abused

In a Central Criminal Court hearing on 25 July 2023, a 16‑year‑old boy pleaded guilty to one count of anal rape and two counts of sexual assault against his nine‑year‑old sister. The offences occurred between November 2019 and January 2020, with the anal rape around 12 August 2020. The boy and his sister continue to live in the family home. The case was brought to light when the sister disclosed the abuse to her mother in September 2020, leading to Gardaí, Tusla and a social worker involvement. The boy was taken to hospital for mental health concerns and later returned to the home under a safety plan. He has no prior convictions, is attending a treatment programme for young offenders, and is assessed as low risk of re‑offending. The court adjourned the case to 2 October, noting the need to consider detention carefully and to avoid custodial measures where possible.

2023-07-25 · Dublin

Burglar who was put under citizen's arrest avoids jail

Anthony Donnellan, 26, pleaded guilty to unlawfully taking a 2006 Toyota and possessing stolen property after breaking into a man's home in Glentworth Park, Coolock, on 12 October 2018. The victim, who was downstairs at 8:30 am, saw Donnellan attempting to start the car and, with two neighbours, removed him from the vehicle. A citizen's arrest was made before Gardaí arrived, who confiscated a steak knife and found a bag of stolen items in the car, including laptops, jewellery, alcohol, medication and a Chromecast. Donnellan, who had eight prior convictions and was heavily intoxicated, had written an apology letter and was undergoing treatment for drug addiction. Judge Martin Nolan fully suspended a two‑and‑a‑half‑year sentence, requiring one year of probation and good behaviour. The victim expressed being shaken and hoping for Donnellan's rehabilitation.

2023-07-25 · Dublin

18 months for criminal with 131 previous convictions who repeatedly threatened to kill gardai

John Paul McDonagh, 41, was sentenced to 18 months in prison for a series of threats against Gardaí. While on bail, he barricaded himself in a house armed with a hatchet and knife, and repeatedly threatened to kill a named female Garda and a male Garda, calling the female a "dirty slut." He also threatened another officer, saying he would deal with them when he got out. McDonagh pleaded guilty to producing threatening articles in Howth on 27 and 28 March 2020, and to making threats to kill or cause serious harm to Gardaí at the same location and date. He has 131 previous convictions, including threats to kill, assault, weapons possession and witness intimidation. The judge imposed two concurrent three‑year terms for the threats, with the final 18 months suspended and a requirement for alcohol‑use treatment. The sentence will commence in April 2024 after his current term is completed.

2023-07-25 · Meath

Cause of death 'absolutely central' to case, murder trial jury told

In a Central Criminal Court murder trial, defence counsel Garnet Orange SC argued that the death of builder Michael Mulvey was not a natural consequence of an assault he suffered on 14 November 2019. Orange highlighted that Mulvey, aged 55, was not in good health, had been released from hospital with painkillers, and had gone back to the pub to drink that night. He questioned the prosecution's evidence, noting that pathologists Dr. Heidi Okkers and Dr. Stuart Hamilton had differing views on the cause of death, with Hamilton suggesting heart disease and rib fractures contributed, while the defence's Professor Jack Crane concluded a heart attack. Orange urged the jury to consider whether the injuries inflicted by accused Ian and Daniel Connaghan contributed substantially to Mulvey's death, noting that causation could be sufficient for murder or manslaughter. The trial was set to resume with further jury directions from Judge Paul Burns. The unnamed 55-year-old pleaded not guilty.

2023-07-25 · Dublin

Murderer who strangled Amanda Carroll to remain behind bars

Sean Nolan, 38, has been ordered to remain in prison after the Court of Appeal dismissed his bid to overturn his conviction for the murder of Amanda Carroll. In October 2020, a jury convicted Nolan of murder, a charge to which he had pleaded not guilty, though he admitted to manslaughter. He was sentenced to a mandatory term of life imprisonment by Mr Justice Michael MacGrath. The appeal, heard by Mr Justice George Birmingham, challenged the admissibility of roadside notes taken by gardaí and the trial judge's guidance to the jury regarding intoxication and the definition of serious injury. Mr Justice Birmingham ruled that the trial judge had exercised discretion correctly in admitting the roadside remarks, noting they were consistent with Nolan's formal interviews. He further held that the judge's instructions on intent and serious injury adhered to long-established legal practice. The Court of Appeal concluded that the trial was not unfair and the verdict was safe, thereby upholding the original conviction and sentence.

2023-07-25 · Dublin

Victim says he cannot contemplate how someone planned to end his life

The Central Criminal Court heard Andrew O'Brien's victim impact statement after an attempted murder on 8 April 2022. O'Brien, aged 36, was shot twice in the face from close range while seated in his car, leaving him with shattered teeth, a throat hole, a burn scar and speech difficulties. The gunman, Sam Archibald, 36, was a passenger in O'Brien's car and later walked to another vehicle, shooting O'Brien through the open passenger side window. Archibald fled the scene, was later arrested on 11 April, and has pleaded guilty to the attempted murder. He also faces charges under the Firearms Act for possession of a .38 calibre revolver and ammunition. O'Brien was hospitalised with non‑life‑threatening injuries and remains depressed, with his father describing the psychological impact. Archibald is remanded in custody until 2 October, when he will be sentenced.

2023-07-25 · Cavan

Gemma O'Doherty confirms she controls Twitter account alleged to have breached court order

In the High Court, Tuesday Edel Campbell, the plaintiff, secured disclosure orders directing Twitter to identify the operators of two accounts alleged to have breached a court injunction. The defendant, Gemma O'Doherty, confirmed to Mr Justice Brian O'Moore that she controls the '@irishlightpaper' account but denied involvement with the other two accounts, '@cavandrugwatch' and '@michaelmg3'. Ms O'Doherty denies all wrongdoing and intends to contest the allegations. The court granted the orders to allow the plaintiff's legal team to determine who controls the remaining accounts, after which Ms Campbell may decide whether to bring a motion for alleged contempt of court. The case stems from Ms Campbell's claim that Ms O'Doherty, publisher of The Irish Light, unlawfully used an image of her late son, Diego Gilsenan, in an article linking his death to the Covid-19 vaccination. Ms Campbell alleges this constitutes harassment and a breach of her constitutional rights. A previous injunction restrains Ms O'Doherty from harassing the plaintiff, publishing images of the plaintiff or her son, or inciting others to intimidate her. This injunction remains in place pending the final outcome of the action. The matter was adjourned to allow for the disclosure of the identities of the other account controllers.

2023-07-25 · Kildare

Ex-soldier fails in bid to overturn conviction for 'cynical and cold campaign of rape'

Niall Kennedy, a former soldier from Newbridge, Co Kildare, has lost his appeal against his conviction for rape and harassment. In December 2021, a jury at the Central Criminal Court convicted Kennedy of 12 counts of rape on eleven occasions in August 2017, as well as multiple counts of harassment and threats to kill or cause serious harm. The trial judge described the conduct as a "cynical and cold campaign of rape and harassment" and imposed a sentence of 12 years, with the final two years suspended for five years on strict conditions. Kennedy, who denied the charges, argued on appeal that the trial judge should have issued a corroboration warning to the jury regarding the complainant's evidence, citing alleged inconsistencies in her testimony. He also contended that the concept of recklessness regarding consent was not adequately explained. The Court of Appeal, led by Mr Justice George Birmingham, dismissed both grounds. The court found that the trial judge was fully aware of the relevant authorities and that the decision to decline a corroboration warning was open to him. The appeal was rejected, with the court stating it was not persuaded that the trial was unfair or the verdict unsafe. The matter was adjourned for the finalisation of the appeal process, though the conviction and sentence stand.

2023-07-25 · Cork

Court quashes €400k orders against Dutch skipper

In a 2023 decision, the Court of Appeal quashed the confiscation of almost €400,000 in catch and gear from the Dutch factory ship Wiron 5, whose skipper, Klass Dirk Meijvogel, had been convicted in 2015 for a single technical fishing offence. The original penalty, imposed by Judge Seán Ó Donnabháin, ordered the forfeiture of €344,960 worth of fish and €55,000 worth of gear. The appeal court found that the judge was misled by counsel, who insisted the judge had no discretion and must order forfeiture. It deemed the confiscation disproportionate and overturned the penalty. The court will later hear arguments from both sides to determine a proportionate penalty. Meijvogel had pleaded not guilty but was found guilty by a 10‑2 jury at Cork Circuit Criminal Court.

2023-07-25 · Cork

23-year-old appears at non-jury court charged with IRA membership

Daniel Sheehan, a 23-year-old man from Cork, appeared before the Special Criminal Court on a trial basis. He is charged with membership of the Irish Republican Army, otherwise Óglaigh na hÉireann, at a location within the State on June 3, 2022. Additionally, he is accused of possessing 263 rounds of ammunition in a shed at Churchfield Avenue, Cork City, on the same date, in circumstances giving rise to a reasonable inference that he did not have it for a lawful purpose. Detective Garda Geraldine Daly provided evidence regarding the arrest, charge, and caution, stating she identified herself to Mr Sheehan at 10.41am on Anglesea Street, Cork. She arrested him under Section 30 of the Offences Against the State Act and Section 27(A) of the Firearms Act. The DPP's solicitor, Michael O'Donovan, indicated consent to bail subject to conditions. Defence counsel Patrick McCullough BL applied for legal aid, which was granted. Mr Justice Alexander Owens remanded Mr Sheehan in custody with consent to bail. The matter was adjourned, with Mr Sheehan ordered to appear again before the court on October 9.

2023-07-25 · Louth

High driver who caused death of passenger in horror crash fails to convince appeal of 'radical proposition'

Michael Collins, 49, was convicted in 2019 of dangerous driving causing the death of 20‑year‑old Jillian Thornton, who was thrown from his car when it split in two during a crash near Ballymagarvey on the N2. Collins had been driving under the influence of cannabis and had fired his legal team at the start of the trial, choosing to represent himself. The Court of Appeal dismissed his appeal, ruling that the right to self‑representation is a constitutional right that can only be overridden in extreme circumstances. The court found Collins fit to plead, medically assessed as capable of defending himself, and that no breach of EU law occurred. The appeal was rejected, affirming that Collins' decision to defend himself was a voluntary, informed choice. The case remains at the trial stage with the 14‑year sentence upheld.

2023-07-25 · Ireland

Jail for man who raped friend as a teenager

A 20‑year‑old man from Laois was sentenced to three years in prison, with the final six months suspended, for raping a teenage friend on a wasteland on Halloween 2019. The victim, now 19, testified that she resisted and asked him to stop, but he turned her around and raped her. He had previously claimed the encounter was consensual and had warned authorities that the girl would file a false allegation. The court heard that the victim had suffered isolation, loss of friends, and difficulty returning to school, and that she had sought counselling. The judge, noting the defendant's youth and lack of prior convictions, imposed a headline sentence of four years but ultimately imposed a three‑year term with a suspended six months and strict probation conditions, including a consent‑education course. The defendant was also ordered to register as a sex offender. The unnamed 20-year-old pleaded not guilty.

2023-07-25 · Kildare

High profile Nigerian couple settle defamation action

In a High Court case, Nigerian politician Oluseye Oladejo and his psychiatrist wife, Dr Oluwatoyin Oladejo, settled a defamation action against Kudirat Adunni Alowonle, an Irish resident. The couple had alleged that Alowonle posted videos on Facebook containing false and highly defamatory statements about them following their marriage in Lagos in June. They sought an injunction to remove the videos, an order preventing further defamatory publications, a correction, and disclosure of who received the videos. Mr Justice Brian O'Moore had previously allowed short notice of the injunction proceedings. However, when the case returned to court, the plaintiffs' counsel reported that Alowonle had removed the videos and issued an apology, leading to the striking out of the injunction proceedings. No representation was made by Alowonle in court. The case was resolved without further court action.

2023-07-25 · Ireland

Russian girl (14) had place on summer camp cancelled over war in Ukraine

In July 2023 the Workplace Relations Commission ruled that a Russian 14‑year‑old girl was discriminated against when a summer camp cancelled her booking because of the Ukraine war. The camp's organisers claimed that taking her fee would breach EU sanctions and that other children might create difficulties for her solely because she was Russian. The tribunal found no evidence that sanctions applied to a minor and that the organisers' concerns were secondary to a wish to support Ukraine. The decision held the refusal was racial discrimination under the Equal Status Act 2000. The camp was ordered to pay €1,500 compensation and to offer the girl a free place in the 2024 camp, covering travel costs up to €1,200, with a second €1,500 compensation if she declined. The girl had 30 days to decide whether to accept the offer.

2023-07-25 · Donegal

10.5 years for man who raped and sexually abused daughter

A man from Buncrana, County Donegal, has been sentenced to ten and a half years imprisonment following his conviction at the Central Criminal Court for the rape and sexual abuse of his daughter. Michael Carter was found guilty last month of one count of rape and 25 sample counts of sexual assault committed between June 2010 and June 2014, when the victim was aged nine to twelve years old. Justice Karen O'Connor imposed a sentence of eleven years for the rape charge, with the final six months suspended for twelve months, and eight years for the sexual assault counts, to run concurrently. The judge noted aggravating factors including the breach of trust, the victim's young age, the duration of the offending, and that abuse occurred in Carter's home. Carter has not expressed remorse and maintains his innocence. The victim, now 22, waived her anonymity and delivered a victim impact statement to the court.

2023-07-25 · Dublin

Father who savagely tortured daughter because he thought she was 'possessed' has jail term reduced

In a 2023 appeal, the Court of Appeal reduced the 40‑year‑old father's 14‑year prison sentence to 13 years for the brutal torture of his nine‑year‑old daughter, whom he and his wife believed was possessed by an evil spirit. The father's sentence was lowered by one year after the appellate judge, Ms Justice Isobel Kennedy, found his culpability to be "marginally less" than his wife's, who retained a 14‑year sentence. The appellate judge agreed that both parents were guilty of "barbaric acts on a defenseless child" but disagreed that they were equally culpable. The father's appeal also argued that his loss of access to his other children should be a mitigating factor, but the judge rejected this claim. The case remains at the appellate stage, with the father's sentence now set at 13 years of imprisonment.

2023-07-24 · Dublin

Five who were misled over assault apologise and offer €26k in compensation

Five men were sentenced to suspended prison terms for a violent assault on three friends in Dublin. The men—Vasilii Birca (32), Ion Mustesta (19), Gheorge Onila (32), Nicanor Ionas (29) and Ion Soponari (24)—had believed they were helping a friend who had been misled into thinking he was the victim of an assault. They pleaded guilty to one count each of affray on Golden Lane on 3 April 2022. All had no prior convictions. The court heard they offered €26,000 in compensation and sincere apologies to the injured parties, and that probation reports placed them at low risk of reoffending. Judge Pauline Codd imposed headline sentences of two and a half years for each, suspended in full for 18 months (Birca, Onila, Ionas), 12 months (Musteata), and 16 months (Soponari). The men were ordered to keep the peace and behave well during the suspension period. The sixth man involved remains before the courts.

2023-07-24 · Meath

'Ample evidence' that brothers are guilty of murder, State tell jury

In a Dublin murder trial, brothers Ian (34) and Daniel (43) Connaghan pleaded not guilty to the killing of Michael 'Mick' Mulvey (55) on 27 November 2019. Prosecutor Anne Rowland SC presented evidence that the brothers beat Mulvey so severely that the intent could only have been to cause serious harm. She cited pathologist Dr Heidi Okkers' finding of 800 ml of blood in Mulvey's chest cavity and described the sustained assaults at the Darling estate and a traffic island near Halfway House. Witnesses, including Pauline Matthews and Mary Kelly, testified to the brutality and the brothers' presence at both attacks. Text messages from the Connaghans suggested a motive rooted in resentment. Rowland urged the jury to consider the evidence as ample proof of the brothers' guilt in the murder. The trial was set to continue the following day.

2023-07-24 · Cork

Scientist tells cold case trial of DNA match to material preserved 42 years ago

In the Central Criminal Court, forensic scientist Dr Jonathan Paul Whitaker testified that a partial DNA profile from material preserved 42 years ago matched DNA found on a black beanie hat belonging to Noel Long, the accused. Whitaker explained that the probability of the recovered DNA originating from someone unrelated to the hat wearer was one in 23,000, and that a database of the Irish population made it at least 20,000 times more likely that the DNA matched the hat rather than an unrelated person. He described using Low Copy Number (LCN) techniques to obtain a profile from a microscopic slide of a vaginal swab taken from the victim, Nora Sheehan, and how the male partial profile from the slide matched the hat's DNA. Dr Dorothy Ramsbottom corroborated the match, and the trial continues with a jury of seven men and four women. The accused, Noel Long, has pleaded not guilty to the murder of Sheehan.

2023-07-24 · Dublin

Man admits punching man who was later found dead

Derek Coady, a father of three, pleaded guilty to endangerment at the Central Criminal Court, having originally been charged with the murder of Alan Hall. The State accepted the plea, and the DPP indicated it would drop the murder charge. Coady admitted punching Hall in the stomach, causing minor harm, but denied involvement in the subsequent head injuries, strangulation, or the attempted arson that led to Hall's death from smoke inhalation. His co-accused, Conor Curran, has since died. Coady, who has 46 previous convictions including a three-year suspended sentence for assault, was remanded in custody by Mr Justice Hunt until a sentencing hearing on October 2. The judge stated there would have to be "some element of custody." The maximum penalty for the endangerment offence is seven years. Coady's counsel highlighted his two years of sobriety and deep regret, while noting reports of difficulties with his drinking problem. The court heard that the prosecution could prove Coady's presence but not that he caused serious harm or started the fire.

2023-07-24 · Clare

Permission given to challenge motorway services planned by Supermac's boss

The High Court has granted partial leave for a challenge to a 2022 decision by An Bord Pleanala that approved a motorway service station near Ennis, Co Clare, for businessman Pat McDonagh. Judge Richard Humphreys allowed engineer Michael Duffy to seek to overturn the decision, provided he amends and serves the grounds of the challenge within a few weeks. Duffy argues the development will harm the local environment, citing a lack of an Appropriate Assessment under EU law and no evidence that wastewater would affect Special Areas of Conservation. The court declined leave on other grounds raised in 2022 and dismissed a 2021 judicial review where Duffy challenged Clare County Council's planning permission. Clare County Council and McDonagh are to be notice parties, not respondents. The case will return to court at a later date.

2023-07-24 · Ireland

Employee secures High Court injunction preventing her dismissal

A woman secured a High Court injunction to stop her employer from dismissing her for alleged gross misconduct. She claims she was fired after delivering a 28‑page letter to her boss's home outlining grievances about his behaviour. She says handing the letter was not gross misconduct and that dismissal steps breached fair procedures. The employer denied breaches and argued the relationship was irretrievably tainted. Mr Justice Rory Mulcahy granted a limited injunction, requiring the firm to pay her salary and bonuses pending the full hearing, and restraining it from further disciplinary action. The order also allows the defendant to suspend her while continuing to pay her salary. The case is subject to a confidentiality order under the 2008 Civil Law Act, and the parties remain unnamed. The injunction does not address any potential damages. The dispute remains in the High Court, not the Workplace Relations Commission.

2023-07-24 · Dublin

Teen with previous assault convictions under probation supervision for serious attack on man

A 15‑year‑old boy, who had previously been convicted of assault, robbery and drug offences, attacked a man who had confronted a group of youths after a ball struck his car. The boy struck the man once on the right side of his face, knocking him unconscious and causing a serious head injury that has prevented the man from returning to work. The boy fled the scene by train, but was identified through Irish Rail CCTV and admitted to the assault. He pleaded guilty at Dublin Circuit Criminal Court on 21 March 2021. Judge Orla Crowe noted the boy's early guilty plea, remorse, maternal support and an ADHD diagnosis, and considered the impact of the Covid pandemic and his negative peer group. She imposed a 12‑month probation supervision order and required an updated probation report for the year. The boy is now 17 years old and remains unnamed as a juvenile.

2023-07-24 · Donegal

Woman raped by father as child hopes case will give others courage to tell their story

A 22-year-old woman from Buncrana, County Donegal, has delivered a powerful victim impact statement at the Central Criminal Court following her father's conviction on charges of rape and sexual assault. Michael Carter, aged 55, was found guilty last month of one count of rape and 25 counts of sexual assault against his daughter between 2010 and 2014, when she was aged nine to twelve years old. During sentencing proceedings, the woman described her journey from shame and isolation to acceptance and survival. She expressed hope that her decision to waive anonymity would encourage others in similar circumstances to come forward. Carter maintains his innocence and does not accept the jury verdict. Ms Justice Karen O'Connor adjourned the case to determine the final sentence, with the Director of Public Prosecutions recommending a headline sentence of ten to fifteen years due to the age disparity, breach of trust, and pattern of offending.

2023-07-24 · Mayo

Judge faces unique situation of having to sentence terminally ill rapist

At the Central Criminal Court in Carrick-on-Shannon, County Leitrim, two brothers have been convicted of sexually abusing their young cousin between 1999 and 2003. Aidan Gallagher, aged 40, of Dadreen, Westport, was convicted of six counts of oral rape. Thomas Gallagher, aged 38, of Cuttenty, Annaghdown, was convicted of one count of rape and seven counts of sexual assault. The complainant, who waived anonymity, provided a victim impact statement describing how the abuse shaped her life, leading to substance misuse and mental health difficulties, though she has since achieved sobriety and recovery. Mr Justice David Keane noted that Thomas Gallagher was diagnosed with Motor Neurone disease in October 2022 with a life expectancy of less than two years, describing it as a unique sentencing situation. The judge remanded both men in custody pending sentencing on 9 October and directed the Prison Service to report on facilities for managing the defendant's terminal illness.

2023-07-24 · Kilkenny

Rapist (29) who claimed he didn't know age of victim (13) is jailed

Michael O'Reilly, aged 29, was sentenced by the Central Criminal Court to nine years' imprisonment, with an 18‑month suspended portion, for raping a 13‑year‑old girl in Dublin on 11 April 2021. He pleaded guilty and claimed he "honestly did not know" the victim's age. The judge noted the victim's prior self‑harm and trauma, her refusal to consent, and the defendant's lack of prior sexual convictions. O'Reilly's early guilty plea, apology letter, and absence of a pattern of offending were considered mitigating factors. He was also registered as a sex offender and his sentence was back‑dated to the time he entered custody. The court ordered him to remain under Probation Services supervision for 18 months following release. The case was heard at the Central Criminal Court on 24 July 2023.

2023-07-24 · Dublin

Paul Murphy brings challenge over Varadkar document leak controversy

TD Paul Murphy has obtained permission from the High Court to challenge the Standards in Public Office Commission's refusal to investigate a claim that Taoiseach Leo Varadkar leaked a draft pay‑deal agreement between the State and the Irish Medical Organisation. Justice Niamh Hyland granted the leave after determining that the low threshold for judicial review had been met and that the applicant's claim was arguable. Murphy, a People Before Profit TD, had previously sought a review in February, but the case was adjourned multiple times while the presiding judge, Justice Charles Meenan, requested clarification on legal points and directed that the matter be served on both Sipo and Varadkar. The challenge is based on Murphy's assertion that his right to fair procedures and natural justice was breached, and he seeks an order remitting the case back to Sipo for reconsideration.

2023-07-24 · Dublin

Nine years for man who killed friend over 'paltry' €100 debt

John Titiloye, aged 28, was sentenced to ten years in prison with the final year suspended for two years, backdated to his arrest on 11 August 2021, after being found guilty of murdering his 25‑year‑old friend Ademola "Dizzy" Giwa. The killing occurred on 10 August 2021 in Tallaght, following a dispute over a €100 debt and a stolen scooter. Titiloye stabbed Giwa in the neck with a knife he had bought that afternoon, an act described by the judge as a rapid, spontaneous response triggered by the defendant's perception that his father had been attacked. The court noted that Titiloye had 23 prior convictions, mainly for minor traffic offences and some drug offences, and that he had attempted to justify his actions to the probation service. The judge highlighted the disproportionate use of force and the fact that the victim's father was also assaulted during the altercation. John Titiloye pleaded not guilty and was acquitted.

2023-07-24 · Ireland

Labour Court official has 'judicial immunity' from lawyer's discrimination complaint

In a July 2023 decision, the Workplace Relations Commission (WRC) ruled that a Labour Court deputy chairman is entitled to judicial immunity, dismissing a disability discrimination complaint lodged by a lawyer with Parkinson's disease. The lawyer alleged that the deputy chairman repeatedly berated her, refused to allow breaks for medication or bathroom use, and made remarks implying her disability hindered her professional conduct. She claimed the deputy chairman's conduct impeded her ability to represent her client and that she was forced to request breaks publicly. The WRC found the complaint misconceived, noting the Labour Court's role as an administration of justice and that the case was not within the 2000 Act's scope. Consequently, the complaint was struck out, with the WRC affirming the deputy chairman's judicial immunity and the registrar's assertion that the hearing was conducted fairly.

2023-07-24 · Dublin

Convicted murderer and gambling addict jailed for roles in moving machine gun

At the Special Criminal Court, Robert Redmond (35) and Jamie Gray (27) were sentenced for possessing a RAK PM-63 submachine gun at M11 Southbound, Shankill, Dublin, on May 7, 2020. Both pleaded guilty to charges under Section 27A(1) of the Firearms Act 1964. Mr Justice Paul Burns sentenced Redmond, who is serving a life sentence for murder, to six years imprisonment. This sentence runs from October 5, 2021. Gray received a sentence of five years and three months, with the final year suspended for three years, running from July 10, 2023. The judge noted the weapon was in poor condition, missing components, and had an erased serial number. Redmond has 97 previous convictions, while Gray has 91, mostly for road traffic offences. The court acknowledged both men sourced the weapon for others without intent to use it. Separately, Bernard Fogarty (34) was previously sentenced to life imprisonment for the murder of Barry Wolverson and jailed for five years in 2020 for possessing a similar firearm on March 7, 2020. Fogarty was involved in the initial handover of the weapon in Clondalkin. The judge described the prevalence of such firearms as a dangerous scourge on society.

2023-07-21 · Meath

Challenge to proposed data centre that will generate 1% of Ireland's carbon emissions dismissed

In a High Court decision on 21 July 2023, the challenge by Mannix Coyne and his daughter Amy Coyne to the approval of a 180‑megawatt data centre near their home in Bracetown, Clonee, Co. Meath, was dismissed. The Coynes alleged that the centre would produce about 1% of Ireland's annual CO₂ emissions and that the planning permission granted in July 2021 breached their constitutional rights to a healthy environment and other rights under the European Convention on Human Rights. They also claimed the decision violated planning regulations, the 2000 Planning and Development Act, the EU Directive on Environmental Impact Assessments and Habitats, and the 2015 Climate Action and Low Carbon Development Act, and that it would harm their equine business. The State, An Bord Pleanala and EngineNode Ltd rejected all claims, arguing that a right to a healthy environment is not recognised under the Constitution or the ECHR.