Court archive

Court reports from 2023

2023-03-29 · Dublin

DHL to pay veteran worker €52k after cutting off allowances

In a decision by the Workplace Relations Commission, DHL Express (Ireland) Ltd was ordered to pay €52,000 to veteran air freight worker Michael McNamara after it stopped paying him duty allowances that had been part of his contract since 2013. McNamara began with DHL in 1985 as a courier and rose to flying loadmaster in 2000, a role that required long overseas travel and unsocial hours. The 2013 terms gave him a time‑away‑from‑base allowance of €3.85 per hour away from Dublin, plus overnight rates of €5.75 in the UK and €11.50 elsewhere. The allowance ended in early 2019 when McNamara was offered a new contract with a German DHL subsidiary that omitted the allowance. He did not sign the new contract and referred the matter to the WRC in August 2019.

2023-03-29 · Kildare

Trial date fixed for man accused of Kildare murder

A 28‑year‑old man, Robert Broughan of St Patrick's Park, Rathangan, Co Kildare, has been charged with the murder of Roy Hopkins, 34, who died on 31 July 2020 after an assault with a blunt instrument believed to be a baseball bat. Broughan was charged at Naas District Court on 2 August 2020. The trial, originally scheduled for last July, was postponed pending a report. Justice Mary Ellen Ring set a new trial date for 5 February 2024, with a case‑management adjournment to 21 July, and the trial is expected to last no more than two weeks.

2023-03-28 · Ireland

'Getting into a car with four lads is not consent to sex,' prosecution tell jury

Closing submissions have begun in the Central Criminal Court trial of three men accused of raping a then-17-year-old girl in a hotel car park in the Leinster area on December 20, 2017. The first defendant, aged 22, pleaded not guilty to rape and sexual assault. The second defendant, aged 23, pleaded not guilty to rape, oral rape, and two counts of sexual assault. The third defendant, also 23, pleaded not guilty to rape and oral rape. Prosecuting counsel Alice Fawsitt SC argued that the complainant's entry into the vehicle did not constitute consent to sexual activity, countering defence claims that the interaction was consensual. She highlighted that the complainant stated she said no to requests for sex and became frightened, while the defendants alleged she showed no distress. The third defendant testified that he believed the complainant offered him oral sex and that the second car was collected for comfort, denying any forcing. The prosecution suggested the defendants were reckless regarding consent. The trial continues before Ms Justice Melanie Greally and the jury.

2023-03-28 · Dublin

High risk offender with misogynistic tendencies jailed for attack on ex

Gerard McQuillan, 35, was sentenced to three years in prison for strangling his former partner, an act he denied, claiming she had attacked him. Judge Martina Baxter noted his misogynistic tendencies and the aggravating context of an intimate relationship under the 2018 Domestic Violence Act. McQuillan was convicted in December 2022 of assault causing harm and two counts of criminal damage after he lifted the woman by the neck, damaged her necklace, and punched a wall. He has 76 prior convictions, mainly for traffic offences, and was assessed as a high risk of repeat spousal abuse. The judge suspended the final six months of a 3½‑year term on the condition he engages with the Probation Service for a year, has no contact with the victim, and discloses any new partner. The sentence reflects the jury's rejection of his lies and the court's view of the assault as unprovoked and horrific.

2023-03-28 · Dublin

'Depraved' offender threatened gardai with bat and pit bull, drank bleach

Joseph Carroll, aged 44, was jailed for four years after pleading guilty to two counts of threatening to kill gardaí at a Tallaght address in May and July 2020. In the first incident, he emerged from a house bare‑chested, brandishing a baseball bat, a five‑foot plank of wood and a pit bulldog, threatening to kill the officers and telling them to shoot him. He was restrained by six gardaí and the dog was unharmed. Two months later, while on bail, he again threatened gardaí at the same address, brandishing a sledge‑hammer handle, a pickaxe and a bottle of bleach, and drank the bleach in front of the officers. He was restrained with incapacitation spray and refused medical treatment. The court noted he had breached a suspended 18‑month sentence from a 2018 public‑order incident.

2023-03-28 · Dublin

Motorcyclist jailed for causing serious injuries to pedestrian while hitting 130km/h in 50km/h zone

James Doyle, 36, of Walkinstown, was sentenced to three and a half years' imprisonment by Judge Martin Nolan at the Dublin Circuit Criminal Court for dangerous driving that caused serious bodily harm to Emily Doyle. On 23 April 2020, Doyle was riding a motorbike at up to 130 km/h in a 50 km/h zone on Cromwellsfort Road when he struck Emily Doyle, who was crossing the road. At impact he was travelling about 80–90 km/h, having reduced speed to 110 km/h after braking. Doyle's high speed was deemed intentional and reckless. Emily suffered fractures to both legs, a spinal fracture and a dislocated shoulder, spent three months in hospital and continues to endure pain, scarring and reduced mobility. Doyle pleaded guilty, showed remorse, and had a history of 47 convictions, but the judge noted his cooperation and good work history in determining the sentence.

2023-03-28 · Dublin

Jail for criminal caught with €460k at drugs 'counting house'

A 35‑year‑old man named Declan McDonald was sentenced to five and a half years in prison after pleading guilty to money laundering at his Dublin home. Gardaí found €460,455 in cash packed in vacuum bags, along with vacuum sealers, gloves and empty packs, which they described as a "counting house" for proceeds of crime, likely drug dealing. McDonald, who has 44 prior convictions, admitted he had fallen into debt through gambling, drink and drugs and claimed he did not know the money's amount or ownership. He accepted responsibility and expressed remorse, citing a difficult childhood and chronic substance abuse. The judge considered his cooperation, family support and past drug problems, but noted the money's criminal origin as an aggravating factor, resulting in the imposed sentence. The case remains at the sentencing stage.

2023-03-28 · Roscommon

Strokestown attack accused challenges mobile phone evidence

Four men have pleaded not guilty at Dublin Circuit Criminal Court to charges arising from an assault at a repossessed farmhouse near Strokestown, County Roscommon on December 16, 2018. Patrick Sweeney, Martin O'Toole, Paul Beirne and David Lawlor each face 17 charges including false imprisonment, assault causing harm, aggravated burglary and arson. On day 16 of the trial, Detective Sergeant Shane Killeen testified that he seized two mobile phones from O'Toole's home in Claremorris during a search warrant execution in January 2019. Defence counsel for O'Toole challenged the evidence, questioning whether the phones were recovered from the house or taken from the accused's person, and noting that mobile phones were not mentioned in the information sworn to obtain the search warrant. Detective Sergeant Killeen denied the challenge and disputed that contemporaneous records contradicted his account. The trial continues.

2023-03-28 · Dublin

10 years for alleged 'paedo-rights' terrorist caught with Nazi flag, firearms components

Mark Wolf, a 37‑year‑old UK national, was sentenced to ten years in prison in Dublin for possession of firearm components and child‑abuse material. He was found in a hostel on Gardiner Street with a Nazi flag, firearms parts, disturbing videos of atrocities, and texts about killing children. Gardaí seized four mobile phones containing child‑pornographic images, Snapchat chats with teenage girls, and videos of a live stream of the Christchurch mosque shootings. Wolf also attempted to register domain names such as paedo‑rights and accessed dark‑web sites with child‑abuse resources. He pleaded guilty to four charges of possessing firearm parts, three charges of importing such parts, and three charges of possessing child pornography. The judge, taking his guilty pleas into account, imposed concurrent terms of ten years for the firearm offences and two years for the child‑abuse material, back‑dated to his June 2021 arrest.

2023-03-28 · Mayo

Murder accused entitled to defend himself in own home, defence tell jury

At the Central Criminal Court, closing arguments concluded in the trial of Matusz Batiuk, who denies murdering Michael McDonagh at a housing estate in Swinford, County Mayo, on 16 November 2020. The defence contended that Mr Batiuk, aged 33, acted lawfully in self-defence when he inflicted a fatal knife wound in his own home. Defence counsel emphasised that the accused's initial statement to emergency services was that he acted in self-defence, a position maintained throughout garda interviews. The prosecution argued that the accused deliberately used lethal force with intent to kill or cause serious injury. Justice Ellen Ring instructed the jury to consider whether Mr Batiuk honestly believed self-defence was necessary and whether any force used was objectively reasonable. The jury was also directed to consider evidence from two psychiatrists regarding the accused's mental health. The trial continues with further direction to the jury of nine men and three women. Matusz Batiuk pleaded not guilty and was acquitted.

2023-03-28 · Dublin

Teen rapist placed in custody after place found in Oberstown

A 17‑year‑old boy was sentenced to 16 months' detention for raping a 15‑year‑old girl in a Dublin park on 29 June 2021. The offence occurred during their first meeting, when the boy forced sexual intercourse, put his hands around the girl's throat and called her a "slut". He was remanded on bail after sentencing because Oberstown Detention Centre had no space, but a place became available overnight and he was placed in custody. Mr Justice Paul McDermott structured the 16‑month sentence to allow a transition to adult prison after the boy's 18th birthday. The court noted the victim's first sexual experience, her victim impact statement, and the boy's acceptance of guilt and apology. The boy had no prior convictions and was acquitted of two other offences. The judge emphasised rehabilitation and the seriousness of the offence. The boy is due to turn 18 soon and will be transferred to an adult prison thereafter. The unnamed 17-year-old was found guilty.

2023-03-28 · Dublin

First man to be convicted of coercive control appeals 10.5-year sentence

Daniel Kane, the first man convicted by a jury of coercive control in Ireland, is appealing his 10.5-year sentence at the Court of Appeal. Kane, 54, pleaded not guilty to charges of coercive control, intimidation, assault, and 12 counts of assault causing harm arising from a 20-month relationship between May 2018 and January 2020. He separately pleaded guilty to intending to pervert the course of justice between March and July 2020, allegedly by threatening to send intimate images to the victim's family to force her to withdraw her statements. At the appeal hearing, Kane's counsel, Padraig Dwyer SC, argued the cumulative sentence was excessive and disproportionate for a first-time offender with no relevant prior convictions, citing his alcohol issues and current remorse. The State, represented by Anne Marie Lawlor SC, countered that the sentence was proportionate given the severity of the violence, including burning, cutting, and strangulation, and the continued coercive control exercised via 250 prison phone calls. The trial judge had noted Kane's lack of remorse and the brutal nature of the attacks. The Court of Appeal, presided over by Mr Justice George Birmingham, has adjourned the matter, with a judgment expected on Thursday of this week.

2023-03-28 · Louth

Housemate of garda killer treated as hostile witness after trial hears of statement change

A witness at the Special Criminal Court was treated as hostile after giving conflicting evidence in the trial of two men charged with a credit union robbery in which Detective Garda Adrian Donohoe was murdered. Colin Hoey told the court he did not see Aaron Brady or accused James Flynn on the night of the Lordship Credit Union raid in Bellurgan, County Louth on 25 January 2013. However, his 2017 statement to gardaí at Carrickmacross stated that both men were present in his house between 9.15pm and 10.45pm that evening. Mr Hoey claimed he had been pressured to change his account and alleged a garda had threatened him with imprisonment. Brendan Treanor and James Flynn are charged with robbing €7,000 from the credit union and conspiracy to burgle homes for car keys. Both deny the charges. Brady is serving a life sentence with a 40-year minimum for the garda's murder and the robbery. The trial continues. James Flynn pleaded not guilty.

2023-03-28 · Dublin

Jail for man who sent explicit images of himself to German boy (12)

Gavin Begley, 23, of Ballybough Road, Dublin 3, was sentenced at Dublin Circuit Criminal Court after pleading guilty to communication with a child using Instagram to facilitate sexual exploitation on November 27, 2019, and possession of child pornography on September 7, 2020. The court heard that Begley befriended a 12-year-old German boy, whom he believed to be a 14-year-old girl, through an online game. Begley requested explicit images from the child, who reported the incident to German police. A subsequent search of Begley's home recovered 57 videos and 362 images of child abuse material, most of which were classified as category one. Judge Dara Hayes noted Begley's lack of prior convictions, mental health issues, and remorse, but described the conduct as an insidious offence targeting a child. Begley was sentenced to four and a half years' imprisonment, with the final 12 months suspended for two years on strict conditions, including no unsupervised access to children. He has been registered as a sex offender.

2023-03-28 · Galway

Farm murder trial jury to continue deliberating for fourth day

The jury in the trial of Michael Scott, aged 58, will return to the Central Criminal Court for a fourth day of deliberations. Scott denies murdering his 76‑year‑old aunt, Christina 'Chrissie' Treacy, by driving an agricultural teleporter over her outside her home in Derryhiney, Portumna, on 27 April 2018. The prosecution alleges that Scott deliberately reversed over Ms Treacy following a long‑running land dispute. Scott's lawyers claim the death was a tragic accident. Justice Caroline Biggs told the jury that while there is no doubt that Scott caused the death, a murder verdict requires proof beyond a reasonable doubt that he intended to kill or seriously injure her at the time or the instant before. If intent is doubtful, the jury must acquit of murder and consider manslaughter, requiring proof of gross negligence. If the prosecution fails to meet either standard, the jury must acquit. Michael Scott pleaded not guilty.

2023-03-28 · Ireland

Manager's grievance held up counsellor's pay claim for years in 'extraordinary' case

The Workplace Relations Commission (WRC) issued a recommendation in a dispute involving an addiction counsellor, identified as Mr X, and his line manager, Manager C. The WRC described the case as "extraordinary," noting that the worker's pay rises were held up for years due to a power struggle between two managers. Mr X, a psychiatric nurse working as an addiction counsellor since 2017, claimed an acting-up allowance for senior duties. Manager C, an assistant director of nursing, opposed the payment, while a senior manager, Manager A, overruled her decision and ordered Mr X's return to his post in July 2020. Manager C subsequently lodged a grievance against Manager A. The WRC found that Manager C's resistance to the approved payment was rejected at every stage. Adjudicating Officer Janet Hughes recommended that Manager C accept the appeal officer's decision, sign the necessary paperwork, and bring closure to the matter. The WRC highlighted that the employer allowed Manager C's grievance to stall payment for work done, resulting in €30,000 in arrears for Mr X. The Commission stated that the worker was "caught in the middle" of a dispute he did not instigate and had been severely penalised. The employer, a public sector healthcare provider, did not appear for the hearing following two adjournments. The WRC emphasized that any issues with vacancy approval were entirely of the employer's making.

2023-03-28 · Ireland

Compensation for security guard sexually harassed by colleague

A security company was ordered to pay €8,500 to a guard who claimed she was sexually harassed by a colleague, Mr K, and then denied information about the outcome of a company investigation. The guard, who had recently started work at an industrial site, reported repeated unwanted verbal, non‑verbal and physical conduct, including Mr K rubbing her back and telling her she was beautiful, and later pressing her in an explicit way and suggesting they go somewhere quiet together. She said she was pressured to forgive him and move on after an informal meeting. The company launched a formal investigation but kept the outcome confidential, which the guard said made her feel not taken seriously. The Workplace Relations Commission found the guard had suffered discrimination on the basis of gender and ordered the company to compensate her for the effects of that discrimination.

2023-03-28 · Limerick

Ringleader of vigilante mob to spend further 18 months in jail

In a case heard by the Court of Appeal, William Lyons, aged 49, was found to have led a group of 11 men in a pre‑meditated invasion of a family home in Caherconlish, Co. Limerick, on 17 February 2021. Lyons and two others entered the house, armed with pitchforks and hurleys, and threatened to kill the resident woman. The incident caused a child to be injured by shattered glass. Lyons had pleaded guilty to burglary, making a threat to kill and violent disorder. The original sentencing judge had imposed a two‑and‑a‑half‑year term, with a final year suspended. The State appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original sentence and imposed a four‑year imprisonment term, with no portion suspended, citing Lyons' role as leader and the seriousness of the offence.

2023-03-28 · Limerick

Killer who took part in murder that sparked 10-year Limerick gang feud 'accidentally' shot friend, court hears

Paul Coffey, a 46‑year‑old Limerick resident with 100 prior convictions, was charged with discharging a firearm in 2021 after a shotgun fired accidentally while he was removing it from a car. The incident injured his friend Alan Murphy, who sustained superficial abdominal wounds and was treated at Limerick University Hospital. Coffey had originally faced an attempted murder charge for an incident on 11 June 2020, but the Director of Public Prosecutions dropped that charge and accepted a plea of guilty to discharging a firearm and possession of a firearm. The offence carries a maximum of 14 years, with a headline sentence of seven to ten years. Coffey's sentencing is scheduled for 18 April. He has a history of drug misuse and was the getaway driver in the 2000 gang‑related murder of Eddie Ryan, for which he received 15 years, seven of which were suspended.

2023-03-28 · Dublin

Alan Hall murder accused admits to lesser charge

A 30‑year‑old man named Derek Coady, who had been charged with the murder of 44‑year‑old Alan Hall in Dublin, pleaded guilty to a lesser charge at the Central Criminal Court on 28 March 2023. Hall's body was found at a fire‑damaged property on Bluebell Avenue, West Dublin, on 18 May 2020. Coady admitted that between 17 and 18 May 2020 he had intentionally or recklessly engaged in conduct that created a substantial risk of death or serious harm to Hall. The court heard that the prosecution, represented by Roisin Lacey SC, intended to proceed on count number 5 of the indictment, while the defence, led by Giollaíosa Ó Lideadha SC, argued that a full hearing of the facts and a probation report would be helpful. Justice Mary Ellen Ring remanded Coady in custody until 24 July for sentencing and ordered a probation report, urinalysis and victim impact statements.

2023-03-28 · Westmeath

Woman to stand trial next year accused of murdering her two children

A 48‑year‑old woman, Lynn Eagar of Winetown, Rathowen, County Westmeath, faces trial on 15 January 2024 for the murders of her two children, Thelma (5) and Michael Dennany (2). The children died when the car they were in caught fire on 9 September 2022 at Lackan, Multyfarnham. The Central Criminal Court heard the case on 21 July, with a two‑week trial expected. Eagar's counsel, Sean Gillane SC, hopes many facts will be agreed, and the court has set witness and exhibit orders for the trial date.

2023-03-28 · Ireland

'What will we do with you?': Enoch Burke excluded from hearing after judge notes he'd 'test the patience of Job'

In a High Court appeal hearing, Mr Justice Alexander Owens excluded Enoch Burke from the courtroom after finding him in contempt of court for repeatedly interrupting proceedings. The dispute concerns Wilson's Hospital School's claim that it was entitled to suspend Burke following his objections to a school direction regarding a student's transition. Burke alleges the suspension is unlawful and breaches his religious freedom, while the school maintains the issue is unrelated to his beliefs. The judge dismissed Burke's claims that documents were tampered with, noting no formal application was made. Burke was directed to view proceedings via video-link and must provide an undertaking to comply with court rules before re-entering the room. He refused this condition, and his family left the courtroom. The school's counsel formally opened its case, detailing disciplinary actions arising from Burke's behavior during a religious service and his refusal to discuss the student direction. The hearing continues with witness evidence, and it remains unknown if Burke will return to the courtroom. This follows a Court of Appeal rejection of his appeal against injunctions, which he has since requested be overturned.

2023-03-27 · Galway

Former solicitor to be jailed over €1m 'secret account'

Michael Small, a 56‑year‑old former solicitor from Galway, was sentenced to two years' imprisonment for deception and false accounting offences that occurred between 2008 and 2009. While practising in Limerick, Small gave undertakings to a mortgage lender that the loan proceeds would be used to purchase specific properties. The money was drawn into an account, but the properties were never bought. Small admitted the money was dispersed to clients, mortgage brokers and other parties, and that he had misled his accountant. He pleaded guilty and cooperated with investigators. The court noted that although Small did not receive a large personal benefit – €88,000 was attributed to him – he was the principal cause of the offences. The judge accepted his guilty pleas and cooperation, and ordered the sentence to be adjourned for custody. The case was investigated by the Law Society and Gardaí after Small self‑reported a "secret client account.".

2023-03-27 · Dublin

Jail for young man who posted intimate images of teen ex on Snapchat

A 20‑year‑old Dublin man was jailed for six months after posting a collage of intimate images of his teenage ex‑girlfriend on Snapchat to 1,100 followers. He pleaded guilty to one count of distributing intimate images without consent on 21 September 2021, the offence having become criminal only seven months earlier. The judge, Dara Hayes, noted the modern nature of the crime and the potential audience. He imposed a headline sentence of two years, reduced to 18 months after mitigating factors, and suspended the final 12 months on strict conditions: engagement with probation for 18 months, required treatments, disclosure of any intimate relationship, and no contact with the victim. The offender was 19 at the time of the offence, the victim 18, and some images were taken when she was 17. The victim did not attend the hearing, and a victim impact statement was submitted but not read.

2023-03-27 · Ireland

Accused takes to stand and tells jury 'no rape was screamed'

The trial of three men accused of raping a then-17-year-old girl in a hotel car park in the Leinster area on December 20, 2017, continued at the Central Criminal Court. The first defendant (22), second defendant (23), and third defendant (23) have all pleaded not guilty. The first defendant is charged with rape and sexual assault; the second with rape, oral rape, and two counts of sexual assault; and the third with rape and oral rape. Giving evidence on the ninth day, the first defendant told the jury that interactions were consensual, stating, "no rape was screamed." He alleged the complainant initiated sexual contact and that he refused her offer of oral sex. He denied pulling her toward the vehicle, claiming she walked willingly. Under cross-examination, he acknowledged the complainant's friend refused sex with the third defendant, contradicting his earlier claim that she offered sex to all four men. He stated he was not in the car when the second defendant was with the complainant. Witnesses described the complainant getting into the car first. The matter remains at trial stage; no verdict or sentence has been delivered.

2023-03-27 · Ireland

Ice cream parlour worker wasn't 'artisan' who dictated own breaks, WRC finds

The Workplace Relations Commission found that Andrea Bandacchino, an ice‑cream parlour worker at Gino's Gelato, was not an "artisan" who could dictate his own breaks. The commission awarded him €1,320 in compensation after determining that the employer, C&C Retail Ltd, had denied him legally required 30‑minute shift breaks on four days between 12 November 2021 and 12 January 2022, and had failed to provide a written statement of employment terms. Bandacchino had presented clock‑in records showing he worked six hours at a time without being allowed a break. The HR director of the company argued that the worker could dictate his own breaks, a claim rejected by the tribunal. The commission upheld the complaints under the Organisation of Working Time Act 1997 and the Terms of Employment (Information) Act 1994, awarding €440 for the denied breaks and €880 for the missing written statement.

2023-03-27 · Louth

Man who tried to buy silence of girl (12) after sexually assaulting her jailed by Court of Appeal

In March 2023 the Court of Appeal sentenced a 39‑year‑old man to 18 months' imprisonment for sexually assaulting his partner's 12‑year‑old daughter. The assault occurred on 5–6 October 2019 during a family gathering when the girl was asleep on a couch. The man woke her twice, touched her vagina and chest under her pyjamas, and then attempted to buy her silence, offering €20, then €600, which she refused. He pleaded guilty to sexual assault and had originally received a four‑year sentence suspended in full by Judge Patrick Quinn in February 2022. The Director of Public Prosecutions appealed, arguing the non‑custodial sanction was too lenient. The Court of Appeal found the original sentence unduly lenient, quashed it, and imposed the 18‑month custodial term. The judge noted the assault had a profound effect on the girl and that the man had shown no immediate remorse.

2023-03-27 · Kildare

Jail for man who drove rental car to Norway

Bjorn Erlend Tveter, a 41‑year‑old Norwegian telecoms engineer, was sentenced to three months' imprisonment in the Dublin Circuit Criminal Court for using a fraudulent rental agreement to lease an Irish car. The car, driven across Europe for 9,000 miles, was caught speeding in Holland and later flagged as stolen by Norwegian police. Tveter had declined to return the vehicle after the rental company requested it, and he had previously paid €1,500 and an additional €3,500 from his credit card, leaving the company a loss of €1,200. He pleaded guilty to use of a false instrument between 10 and 25 November 2020. The court imposed a 12‑month sentence, suspended the final nine months, and ordered the outstanding €1,200 to be paid. The sentence was back‑dated to 13 January 2023.

2023-03-27 · Dublin

Lack of space at Oberstown sees teen rapist remain on bail

A 17‑year‑old Dublin boy was sentenced to 16 months' detention for raping a 15‑year‑old girl in a park on 29 June 2021. The offence involved the boy bringing the girl into a bush, claiming a cigarette, then forcing sexual intercourse, putting his hands around her throat and calling her a "slut". The girl, who had never had sex before, was frightened, begged him to stop, and eventually pushed him away. She later described the assault as devastating, noting self‑harm, anxiety, depression and nightmares. The boy, who had no prior convictions, apologized and wrote letters of apology. Mr Justice Paul McDermott, hearing the case in the Children's Court, reduced a headline sentence of two years to 16 months, citing mitigation and the boy's education and work. Because Oberstown detention centre has no space, the boy remains on continuing bail until a place becomes available. The sentence was back‑dated to the day of sentencing. The unnamed 17-year-old was found guilty.

2023-03-27 · Galway

Michael Scott murder trial jury told it's 'nowhere near' majority verdict stage

The jury in the Michael Scott murder trial was told by Justice Caroline Biggs that it is too early to return a majority verdict and that a unanimous verdict is required at this stage. She explained that a majority verdict could be considered later, after a number of days, but the case is not yet at that point. Justice Biggs outlined the legal principles, noting that the accused enjoys the presumption of innocence and the prosecution must prove its case beyond a reasonable doubt. She stated that there is no doubt Mr Scott caused his aunt's death, but for a murder verdict the jury must be satisfied beyond a reasonable doubt that he intended to kill or cause serious injury. If the jury has reasonable doubt about intent, they must acquit of murder and consider manslaughter, which requires proof that Mr Scott was driving in a grossly negligent manner. Michael Scott pleaded not guilty.

2023-03-27 · Mayo

Appropriate for jury to consider diminished responsibility, psychiatrists tell murder trial

Two forensic psychiatrists have testified at the Central Criminal Court that a jury should consider whether a man's criminal responsibility was diminished when he allegedly stabbed a 24-year-old County Mayo man. Matusz Batiuk, a 33-year-old Polish national formerly of Carrabeg Estate, Swinford, is charged with murder in relation to an incident on 16 November 2020. Dr Jamie Walsh told the court that Mr Batiuk suffers from paranoid schizophrenia, which was likely active at the time of the stabbing. The accused has pleaded not guilty. Dr Walsh outlined a lengthy history of psychiatric contact, including diagnoses of schizophrenia, cannabis misuse, and persecutory delusions. Dr Stephen Monks, a consultant forensic psychiatrist, similarly concluded that evidence strongly suggested Mr Batiuk was experiencing active psychotic illness and delusions in the period before the incident. Both psychiatrists confirmed it would be appropriate for the jury to consider diminished responsibility. The trial before Ms Justice Mary Ellen Ring continues with closing speeches.

2023-03-27 · Waterford

Ex-FF Councillor gets €4.4m debt write-off

The High Court approved a Personal Insolvency Arrangement for former Fianna Fáil councillor Thomas 'Eddie' Mulligan, allowing him to write off more than €4.4 million in debt while retaining his family home. Mulligan, 55, contributed just over €9,000 to creditors and fees for the arrangement. He had served on Waterford City and County Council from 2014 until his resignation in August 2022 and had run unsuccessfully for Fianna Fáil in the 2020 General Election. The court heard that his financial difficulties stemmed from the 2008 recession, when he borrowed money and gave personal guarantees for loans used to invest in property assets. Those assets, including retail and commercial units, lost value and rental income fell, leading to a need to sell them to repay debts. Mulligan's main creditors are Pepper Finance, Everyday Finance DAC, Bank of Ireland, and a local Credit Union. He entered insolvency and engaged Personal Insolvency Practitioner Mitchell O'Brien.

2023-03-27 · Dublin

Man accused of trying to murder The Monk's brother admits to weapon charge, separate murder bid

In a Special Criminal Court hearing, Michael Carroll, aged 43, pleaded guilty to two separate offences. He admitted to attempting to murder Edward Staunton on 26 March 2017 at Railway Street, Dublin 1, and to possessing a firearm with intent to endanger life on 2 September 2016 at Drumalee Avenue, where he had also attempted to murder John Hutch, who was 63 at the time and has since died. Carroll, who was extradited from the UK in April, answered only "guilty" to each charge. His defence requested six weeks to prepare mitigating factors for the upcoming sentence hearing and a governor's report from Mountjoy Prison. Judge Tony Hunt adjourned the sentence hearing to 22 May 2023. The case remains at the sentencing stage, with no further verdicts announced.

2023-03-27 · Dublin

Man who groped girl (11) in Penneys avoids jail for having child abuse material

Stephen Gregan, 42, was found in possession of 64 images and 57 movies of child sexual abuse material when Gardaí searched his Rathmines home in June 2017, following a complaint that he had sexually assaulted an 11‑year‑old girl in a Penneys shop. He pleaded guilty to possession of child pornography at the Dublin Circuit Criminal Court and received a nine‑month suspended sentence in October 2019 for the sexual assault. In March 2023 Judge Melanie Greally imposed an 18‑month prison sentence for the child‑abuse‑material charge, but suspended it for two years on strict conditions, including probation supervision. The judge cited the time elapsed since the offence, Gregan's rehabilitation efforts, lack of further Garda attention, and the absence of distribution of the material as mitigating factors. The sentence was fully suspended, so no custodial time is to be served.

2023-03-27 · Mayo

Date set for retrial in Valerie French Kilroy case

A man accused of murdering his wife at their home in County Mayo will face a retrial at the Central Criminal Court later this year. James Kilroy, aged 49, of Kilbree Lower, Westport, is charged with the murder of Valerie French Kilroy between June 13 and 14, 2019. His initial trial collapsed earlier this month after an unexpected and complex matter arose during proceedings. Justice Mary Ellen Ring discharged the jury on March 20. Mr Kilroy had pleaded not guilty by reason of insanity. The retrial has been scheduled for November 6, 2023. A case management date of June 30, 2023 was set to allow correspondence between the defence and the Director of Public Prosecutions. Transcripts from the earlier trial were granted to the defence.

2023-03-24 · Dublin

Extortionist made false allegations that man was paedophile

John Buckley AKA Maughan, 28, was sentenced at Dublin Circuit Criminal Court after pleading guilty to sample counts from 94 charges, including four counts of harassment and the remainder of making demands with menaces against four named victims. Judge Martin Nolan imposed concurrent sentences totalling five years and ordered Maughan to have no contact with any of the injured parties for 20 years. The court heard that Maughan extorted over €14,000 from his victims, all of which was transferred to his Boyle Sports gambling account. Prosecution evidence alleged that Maughan threatened one man in his 60s that he would falsely accuse him of being a paedophile and share these untrue allegations on social media. In a separate series of offences, Maughan allegedly threatened a woman with whom he had a relationship that he would send intimate photos of her to her boyfriend, and he harassed and extorted €2,000 from her. Judge Nolan described the false paedophile allegation as "hugely insidious and damaging" and "morally reprehensible," noting that Maughan had caused huge trauma and distress to his victims. In mitigation, the judge noted Maughan's remorse, his guilty plea, his co-operation, and that he had engaged in this behaviour as a way to deal with his gambling debts. Defence counsel highlighted Maughan's gambling and drug addictions, his stable relationship, and his two children, one of whom suffers from severe autism, arguing that a custodial term would be felt keenly by his family.

2023-03-24 · Limerick

Man jailed for 12 years for firing shots into house as infant twins slept appeals conviction

Larry O'Connor, aged 40, was sentenced to 12 years' imprisonment in May 2022 after a two‑week trial in which he was convicted of recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary and criminal damage. The offence involved firing four shots from a pump‑action shotgun into the home of his first cousin, Danny Harty, where infant twins were sleeping. O'Connor fired two shots from outside the house, then entered and fired two more shots, striking a kitchen fridge, a window and a ceiling. He was found to have acted without a feud or "bad feeling" between the cousins, a point he raised on appeal. The Court of Appeal heard arguments about the use of the term "bad feeling" and the relevance of alleged animosity, but no judgment was issued. Daniel O'Connor, his brother, received a seven‑year sentence with the final year suspended for burglary. The appeal remains pending. Daniel O'Connor pleaded guilty.

2023-03-24 · Dublin

'Outline of agreement' in Fish Shack dispute after a second order for compensation

The Workplace Relations Commission adjourned a hearing into Stephen Hanley's unfair dismissal claim against PBR Restaurants Ltd, the operator of the Fish Shack chain, after the parties reported progress toward an agreement. Adjudicating officer Aideen Collard granted a two-week period for re-entry before closing the file, noting the need to curtail legal costs. This development followed the WRC's decision upholding David Hanley's complaint under the Unfair Dismissals Act 1977, ordering the firm to pay €20,000 in compensation. This award brings the total compensation orders against the company to €50,000, following an earlier €30,000 award to Philip Hanley. The Hanley family, including founder Pádraic Hanley, alleged they were unfairly dismissed in a "sham" redundancy process after the business was bought out of examinership in late 2019. The company argued the dismissals were procedurally fair and driven by genuine redundancy needs due to restaurant closures and the pandemic. Adjudicators in both upheld cases noted concerns regarding the independence of the post-redundancy appeals mechanism, specifically that the HR firm involved was linked to Peninsula Business Services. Michael Kinsley BL, representing Stephen Hanley, stated the parties had an "outline of agreement" and hoped to resolve the matter without further tribunal appearances. Gavin Cumiskey of Peninsula Business Services confirmed the employer's position on the adjournment.

2023-03-24 · Roscommon

'NI mercenaries' video circulated before attack at Roscommon eviction farm, trial hears

Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor have pleaded not guilty to 17 charges each at Dublin Circuit Criminal Court. The defendants are accused of false imprisonment, assault, aggravated burglary, arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal at a property in Falsk, Roscommon, on December 16, 2018. The trial heard that a video circulated on social media two days prior to the alleged attack, depicting security personnel at the repossessed residence and describing them as "mercenaries." Sergeant Bernard Kilroy testified that after viewing the footage, a garda presence was maintained at the property, though staffing levels prevented coverage past 3am. The court also heard evidence from court messenger Padraig Gilligan regarding the repossession order. The trial continues before Judge Martina Baxter and a jury.

2023-03-24 · Ireland

Eoghan Harris bids to stop transfer of defamation case against journalist to High Court

Eoghan Harris, a former Sunday Independent columnist, has appealed a Circuit Court ruling that transferred his defamation claim against journalist Aoife Moore to the High Court. Harris alleges that Moore defamed him in a May 2021 tweet accusing him of sending her sexualised messages. In response, Moore and fellow journalist Allison Morris have filed separate High Court actions claiming defamation over tweets from an account called "Barbara J. Pym," which they say was operated by Harris and others and portrayed them as partisan and sexualised. Harris's appeal, presented by Remy Farrell SC, argues that his claim should remain in the Circuit Court as a distinct matter, despite similarities with Moore's case. The judge has reserved judgment and will rule later. The case remains pending in the Circuit Court, with no decision yet on the transfer to the High Court.

2023-03-24 · Mayo

Murder accused said deceased man was 'acting like Gestapo'

The Central Criminal Court in Dublin heard evidence on March 24th regarding a fatal stabbing in Swinford, County Mayo. Matusz Batiuk, aged 33, formerly of Carrabeg Estate, Swinford, has pleaded not guilty to the murder of Michael McDonagh, aged 24, who died from a single stab wound to the stomach on November 16th, 2020. The wound penetrated to a depth of at least 12 centimetres, causing rapid fatal blood loss. In interviews at Castlebar Garda Station, Mr Batiuk stated he acted in self-defence, claiming the deceased and another man, Paul Maughan, had been behaving aggressively in his home and that he believed he was in mortal danger. He told gardaí he had struck the victim once to make him back away rather than to kill him. The trial continues before Ms Justice Mary Ellen Ring and a jury.

2023-03-24 · Galway

Jury begin deliberating in trial of farmer accused of murdering aunt in land dispute

A jury has begun deliberating on the trial of farmer Michael Scott, who denies murdering his 76‑year‑old aunt Chrissie Treacy by running over her in an agricultural teleporter. The trial, which began in January and was expected to last three months, had an enlarged panel of 15 jurors to accommodate possible absences. Three jurors were discharged and exempted for life, leaving 12 to continue. The jury will return to the Central Criminal Court on Monday to resume deliberations after spending a little over an hour today. Justice Caroline Biggs instructed the jurors that if they find the prosecution has proven beyond a reasonable doubt that Mr Scott intended to kill or seriously injure his aunt, they must return a murder verdict. If they find a reasonable possibility of accident, they must find him not guilty of murder. If not guilty of murder, they must consider manslaughter by gross negligence.

2023-03-24 · Mayo

John Tighe to remain in prison for murdering infant son after appeal is rejected

John Tighe will remain in prison serving a life sentence following the dismissal of his appeal against conviction for the murder of his infant son. Tighe, from Lavallyroe in Ballyhaunis, County Mayo, was found guilty by unanimous jury verdict at the Central Criminal Court in March 2018 of murdering six-and-a-half-month-old Joshua in June 2013. The child died from asphyxiation caused by a wad of tissue lodged in his throat. The Court of Appeal rejected Tighe's challenge to the trial judge's decision to admit extracts from a postmortem report prepared by a pathologist who was unavailable to attend trial for cross-examination. Ms Justice Isobel Kennedy ruled that the report constituted a factual record within proper legal bounds and that no unfairness resulted from its admission, particularly as expert evidence based on those findings was subject to cross-examination before the jury. John Tighe pleaded not guilty.

2023-03-24 · Dublin

Husband horrifically murdered wife with samurai sword on 'ordinary Sunday morning'

William Eagers, 62, was sentenced to the mandatory term of life imprisonment at the Central Criminal Court for the murder of his wife, Jean Eagers. Eagers pleaded guilty on March 10, 2023, to killing his wife of 34 years with a samurai sword in their Clonsilla home on June 21, 2020. Ms Justice Mary Ellen Ring noted the horrific circumstances, including the fact that their son, Dillon, witnessed the attack and was threatened. The judge refused to backdate the sentence to Eagers' custody date in 2020, stating the matter was resolved at a very late stage. Consequently, his life sentence commences from the date of his guilty plea, March 10, 2023. Eagers had been in custody since the incident. The court heard victim impact statements detailing the family's distress. Eagers, a former export operations manager, had one previous conviction for malicious damage in 1983. He told gardai he blacked out during the attack. The judge emphasized the loss of maternal stability for the family and rejected the defense's request to credit time spent in custody prior to the plea.

2023-03-24 · Wicklow

Graham Dwyer's conviction for Elaine O'Hara murder is upheld

The Court of Appeal has dismissed Graham Dwyer's appeal against his conviction for the murder of Elaine O'Hara. President Mr Justice George Birmingham, delivering the judgment of the three-judge court, upheld the unanimous jury verdict from 2015. The court rejected Dwyer's argument that the admission of mobile phone call data records constituted a miscarriage of justice, noting that traditional detective work provided independent, compelling evidence linking the phones to him. The judges also dismissed claims regarding the trial judge's demeanor, adverse media coverage, and the admission of video evidence, finding no prejudice to the jury. Furthermore, the court rejected the defense contention that suicide remained a live issue, concluding there was sufficient evidence for the jury to infer Dwyer stabbed O'Hara to death. Dwyer, a 50-year-old architect, was originally sentenced by Mr Justice Tony Hunt to the mandatory term of life imprisonment for what was described as a chilling and premeditated murder following a campaign of manipulation. The appeal court confirmed that the admission of the limited call data evidence could not conceivably be regarded as giving rise to a miscarriage of justice, thereby upholding the conviction.

2023-03-23 · Ireland

Security guard tells rape trial of people apparently having sex in car

The trial of three men accused of raping a then-17-year-old girl in a hotel car park in the Leinster area on December 20, 2017, continued at the Central Criminal Court. The first defendant (22) pleaded not guilty to rape and sexual assault. The second defendant (23) pleaded not guilty to rape, oral rape, and two counts of sexual assault. The third defendant (22) pleaded not guilty to rape and oral rape. A security guard testified that he observed two people appearing to engage in sexual activity in a car, with one man responding to his presence with a sneer and a comment about "doing a bit of riding." The complainant's mother stated her daughter returned home with a "vacant" look and disclosed the incident two days later. A friend confirmed the complainant told her she had been raped by three men. Forensic evidence presented included DNA matches for the second and third defendants on the complainant's clothing and in the car's passenger seats. The trial continues before Ms Justice Melanie Greally and a jury.

2023-03-23 · Kerry

Teen raped by two boys says she developed eating disorder as 'way of killing herself slowly'

In the Central Criminal Court, a 16‑year‑old victim of rape by two older boys disclosed that the assaults led her to develop an eating disorder as a means of self‑harm. The older defendant, 17 at the time of the offence, was convicted of one count of rape, one of oral rape and two of sexual assault; the younger, 15, was convicted of one count of oral rape and one of sexual assault. The attacks occurred over two‑and‑a‑half hours on the night of 26 July 2020 in a remote lane near a Co Kerry town, while the victim was intoxicated. Justice Michael McGrath sentenced the older offender, now 19, to five years and five months' imprisonment, suspending the final year on condition of good behaviour and probation. The younger offender, now 17, received a three‑year detention order, back‑dated to 31 July.

2023-03-23 · Dublin

€320k in organised crime cash found stashed in secret compartment

Dylan Byrne, 27, of St Mark's Avenue, Clondalkin, was sentenced to five years' imprisonment for his role in a money‑laundering operation. He pleaded guilty to possessing the proceeds of crime, including €320,675 in cash found in a sealed compartment of a Renault van, and to possessing €4,000 of cocaine for sale or supply. The cash and drugs were seized at Holywell Commercial Centre, Swords, and at Byrne's home during a subsequent search. Byrne's mobile phone was seized, revealing extensive communications on the Signal app with a member of an organised crime gang, and Garda analysts identified regular patterns of contact. Byrne's defence highlighted his guilty pleas, cooperation, lack of prior serious convictions, long employment history, and family support. The judge described Byrne as a "vital cog" in transporting money for organised crime and noted his substantial mitigation factors, including his cooperation and good character evidence. The sentence reflects the aggravating evidence of comprehensive involvement in organised crime.

2023-03-23 · Dublin

Repeat offender gets 8.5 years for involvement in €2.2m 'drugs distribution centre'

Gavin Minto, 29, pleaded guilty at Dublin Circuit Criminal Court to possession of three controlled drugs for sale or supply at Kingswood Cross, Clondalkin on 16 July 2020. Judge Martin Nolan imposed an eight‑and‑a‑half‑year jail term, reducing the mandatory minimum of ten years because of Minto's guilty plea and cooperation with Gardaí. Gardaí searched a residential property on the day in question, finding 151 MDMA tablets, 33 kilos of cannabis and a third controlled drug, with a combined value of €2.21 million, plus a tablet press. CCTV showed Minto entering the garage at 2:36 pm, spending 56 minutes there, and leaving at 4 pm, while a white Renault van reversed into the premises. Minto has nine previous convictions, including three for possession of drugs, and was described by defence as homeless at the time of the incident. The court considered his plea, cooperation, and the mitigating circumstances presented by his counsel.

2023-03-23 · Dublin

Six years for drugs debtor caught moving €780k in cannabis

Christopher Graham, 41, was sentenced to six years' imprisonment after he was caught driving a van that contained 39 kilos of cannabis, worth an estimated €780,000, in an attempt to settle a long‑standing drug debt. He pleaded guilty to possession of the drug at Mill Lane, Palmerstown, on 22 June. Judge Martin Nolan accepted that Graham had no ownership of the cannabis and that he was transporting it to alleviate his own debt. The judge noted Graham's guilty plea and cooperation with Gardaí as mitigating factors, but also highlighted the seriousness of the quantity involved. Garda Michael Ormond explained that authorities had followed Graham for several days before intercepting him at a pub, where he met the driver of a yellow Renault van. The van was searched and the drugs seized. Graham has 65 prior convictions, mainly minor traffic offences, and had previously used drugs between 2016 and 2019.