Court archive

Court reports from 2023

2023-03-17 · Ireland

Woman who alleges she was raped by three men as a teen gives evidence at trial

In a Central Criminal Court trial, a 17‑year‑old woman alleged she was raped by three men in a hotel car park on 20 December 2017. She said she had been invited by a friend to "go for a drive" and that the friend had shown her photos on Facebook. The woman confirmed she had not previously travelled with boys she did not know and that she believed the night was a drive, not sex. She stated she was shocked when the defendants approached her in the car and that she had not consented to any sexual activity. She told a friend she had been forced to have sex with the men and that she had been raped. The defendants, aged 22, 23 and 22, have pleaded not guilty to rape and sexual assault charges. The trial is ongoing before Ms Justice Melanie Greally and a jury.

2023-03-17 · Dublin

Tourist spent weeks in coma and 'will never be the same again' after city attack

A 25‑year‑old English tourist, Thomas Oliver, was attacked in Dublin on 17 April 2022 and spent five and a half weeks in hospital, including three weeks in a coma at Beaumont Hospital. He suffered severe head injuries, loss of muscle mass, headaches, loss of smell and taste, and ongoing post‑traumatic stress. Oliver described waking as a "shell of a human" and expressed that the psychological damage would never leave him or his family. He thanked Irish emergency services and noted the financial cost of his care. The assailant, 19‑year‑old Stefan Bornac, pleaded guilty to assault causing serious harm to Oliver and assault causing harm to Oliver's friend James Lightly. Judge Martin Nolan sentenced Bornac to four and a half years in prison, with nine months suspended, after reducing a headline sentence of six and a half to seven years because of his age, good character, lack of record, guilty plea and cooperation.

2023-03-17 · Dublin

Young driver hit speeds of 140km/h on suburban streets

Joshua Bennet, 21, was given a suspended three‑year prison sentence after a high‑speed chase in which he drove up to 140 km/h on suburban streets around Blanchardstown and Dublin 15. He refused to stop when ordered by Gardaí, drove the wrong way around roundabouts, ran a red light, and drove onto footpaths, forcing pedestrians to flee. The chase lasted about 15–20 minutes and ended when Bennet skidded after a sharp left. He pleaded guilty to five endangerment charges and one dangerous driving charge. At sentencing, Judge Martin Nolan described his conduct as "appalling" and "extraordinarily reckless", noting he had not hit or injured anyone. Bennet was ordered to keep the peace, be of good behaviour for three years, and was disqualified from driving for six years. He tested negative for drugs and alcohol. The court considered his youth and lack of prior convictions in suspending the sentence.

2023-03-16 · Galway

Suggestion pensioner run over twice 'unsupported', engineer tells farm murder trial

During the trial of Michael Scott, a 58‑year‑old engineer from Gortanumera, Portumna, pleaded not guilty to the murder of 76‑year‑old Chrissie Treacy outside her home in Derryhiney, Portumna, on 27 April 2018. Dr Mark Jordan, a mechanical engineer hired by Scott's defence, testified that the claim that Ms Treacy was run over twice by the teleporter was "unsupported" and that all her injuries could have been caused by a single movement. He argued that only one clear imprint was found on her trousers and that the other marks were difficult to interpret. Dr Jordan also disagreed with a Garda report that Ms Treacy should have been visible to Scott as he reversed across his yard, citing blind spots, dirty windows and glare. He maintained that the injuries were consistent with one motion of the vehicle and that no unusual use of the teleporter was required to cause her death.

2023-03-16 · Dublin

Money mule to be assessed for community service over €52k invoice fraud

Francie Stokes, 23, of Lucan, pleaded guilty to possessing €52,355 in his AIB account as proceeds of crime linked to an invoice redirect fraud. The money was fraudulently transferred from a German aviation company. Stokes had previously received a one‑month probation in October 2021 for laundering €3,000. He is currently on the Pandemic Unemployment Payment and has no legitimate source for the €52,000. AIB recovered €28,000; about €24,000 remains withdrawn. Gardaí found multiple ATM withdrawals, but CCTV showed none were made by Stokes. He exercised his right to silence during questioning. Judge Martin Nolan adjourned the case for ten weeks to allow Probation Services to decide if Stokes is suitable for community service. If suitable, he would be ordered to carry out 150 hours of community service within one year in lieu of an 18‑month prison term. The hearing was held on 16 March 2023.

2023-03-16 · Cavan

Lunney abductor Harte claims conviction and 30-year sentence should be set aside

The High Court has reserved its decision on a constitutional challenge brought by Alan Harte, who seeks to overturn his conviction and 30-year sentence imposed by the Special Criminal Court in 2021. Harte was sentenced for the serious harm and false imprisonment of Quinn Industrial Holdings director Kevin Lunney at a yard in Drumbrade, Ballinagh, County Cavan in September 2019. His legal team contests the constitutionality of Section 40 of the Offences Against the State Act 1939, which prevents disclosure of whether a Special Criminal Court conviction was unanimous or by majority decision. Counsel argued that the non-jury court's 2-1 majority threshold is inequitable compared to jury trials requiring ten-to-two verdicts and creates discrimination between accused persons tried in different court systems. The State respondents opposed the application, maintaining the legislation is constitutional. Justice Marguerite Bolger heard submissions on Thursday and will deliver judgment at a later date.

2023-03-16 · Dublin

Septuagenarian jailed for drugs offence after nearly 20 years on the run

Joseph Rogerson, aged 73, was sentenced to four years in prison for possessing cocaine and heroin for sale or supply. The drugs were seized in June 2005 from his car on Rock Road, Blackrock, and from his house in Ballybrack, Co. Dublin, amounting to just over a kilo of cocaine and heroin worth €146,552. Rogerson had fled Ireland in 2006, taking a bench warrant, and lived in the Canary Islands until his voluntary return on 8 March 2023. He had 31 prior convictions, including 23 for larceny and several assault offences, but had not offended since 1987. The judge noted his age, his voluntary surrender, and cooperation with Gardaí, and backdated the sentence to the day of his return. The court highlighted that Rogerson's gambling debt and alleged coercion by third parties were factors considered in sentencing. The four‑year term is effective from 8 March 2023.

2023-03-16 · Roscommon

Security guard expected to see 'charred bodies' after alleged Strokestown attack

A security guard has testified at Dublin Circuit Criminal Court in the trial of four men accused of an assault on a rural Roscommon property in December 2018. Michael Kane told the jury he was asleep in a security van at the 30-acre estate near Strokestown when he was awakened by shouting and roaring at approximately 5am on December 16. He described witnessing a colleague being struck and falling to the ground, and hearing a loud mechanical sound. The witness said he and three other security personnel fled the scene, believing they would be killed. Upon returning when emergency services arrived, Mr Kane found the yard ablaze with two cars and four vans on fire. He said he feared finding "charred dead bodies" of his colleagues. Patrick Sweeney, Martin O'Toole, Paul Beirne and David Lawlor have each pleaded not guilty to 17 charges including false imprisonment, assault causing harm, aggravated burglary, arson and violent disorder. The trial before Judge Martina Baxter and a jury continues.

2023-03-16 · Dublin

Man 'used for money laundering' in suspected elder abuse case avoids jail

Liam Evans, 31, of Clondalkin, received a two‑year suspended prison sentence at Dublin Circuit Criminal Court for laundering money by cashing five cheques totalling €23,500 written by an elderly woman in her 80s. The woman had been approached by men claiming to be from a construction company and was persuaded to write cheques to various payees, including Evans. She ultimately paid over €44,000, but most of the promised construction was never carried out. Evans pleaded guilty to three counts of laundering the proceeds of crime. The court ordered him to pay €5,000 to the victim within a year. The case was brought to light after the HSE alerted Gardaí to a suspected elder‑abuse scheme, leading to the investigation and Evans' arrest. The court noted Evans' cooperation, remorse and guilty plea in handing down the suspended sentence. The stolen money was never recovered, and the victim remains at a loss.

2023-03-16 · Ireland

Salesman told mentioning BIK error on company cars would 'ruin it for everyone', WRC hears

A former G4S salesman, Eamonn Young, claimed a company culture of not deducting benefit‑in‑kind (BIK) for company cars, and that he was warned it would "ruin it for everyone" if he raised the issue. Young said he noticed the absence of BIK deductions on his €37,000 car when he started in November 2018, and that a colleague told him not to mention it. He alleged that G4S unlawfully deducted €7,347 from his final pay when he resigned, claiming the deduction was made without his agreement. The Workplace Relations Commission hearing found G4S had made a "substantial payment" to Revenue after discovering employees had accrued BIK liabilities. The adjudicator criticised the company's late submissions and demanded evidence of payments to Revenue, noting the tribunal would decide on the legality of the deduction in writing later in the year.

2023-03-16 · Sligo

Mortgage lender concedes in Supreme Court appeal over repossession order

A woman from Sligo has succeeded in her Supreme Court appeal against a mortgage lender's attempt to restore repossession proceedings on her family home. Noreen Stafford challenged a High Court decision that had remitted her case back to the Circuit Court after previously being struck out. Ms Stafford had raised concerns about the validity of mortgage documentation used by Start Mortgages DAC and alleged the lender had wrongfully transferred security from an original parcel of land to her residence without proper authority. The Circuit Court had initially adjourned proceedings when the judge expressed dissatisfaction with the respondent's evidence, but no further affidavit was filed despite adjournments being granted. A three-judge Supreme Court panel agreed to hear the appeal as a matter of general public importance regarding the legal status of Circuit Court orders in such circumstances. Before the full hearing commenced, Start Mortgages conceded the appeal. Ms Stafford was awarded her costs.

2023-03-16 · Dublin

Christian Brother further jailed for serial child abuse

A 71‑year‑old Christian Brother, who cannot be named for legal reasons, was sentenced by a Dublin Circuit Criminal Court to six and a half years' imprisonment for nine counts of indecent assault on four boys between 1976 and 1978, when he was their fourth‑class teacher at a CBS school in Leinster. He had previously served a five‑and‑a‑half‑year term for indecently assaulting five other boys in the late 1970s and had about 45 prior convictions for indecent assault. The jury found him guilty after he denied the charges and refused to accept the verdicts. Victim impact statements were read at the sentencing hearing, describing physical abuse, sexual assault, and lasting psychological harm.

2023-03-16 · Ireland

Enoch Burke in 'self-praise that beggars belief' judge finds, as school can enforce fine from next week

The High Court has ruled that Enoch Burke must pay Wilson's Hospital school for legal costs incurred during two pre-trial motions in their ongoing dispute. Mr Justice Brian O'Moore awarded the school its costs for bringing contempt proceedings after Burke resumed attending the premises in early January, and for his unsuccessful application to stay the full High Court hearing pending a Court of Appeal decision. The judge described Burke's claim of proper conduct as "self-praise that beggars belief," noting his refusal to comply with court orders for six months. The €700 daily fine for contempt, currently exceeding €30,000, was crystallised rather than increased or reduced. From March 23, the school is authorised to enforce these fines through measures such as asset sequestration. The judge rejected Burke's arguments that compliance violated his religious beliefs, stating he could have obeyed the injunction without such conflict. Burke's accusations that the school's counsel engaged in grave misconduct were deemed "utterly without justification." The full hearing of the action is scheduled for later this month. Burke was previously jailed for 108 days for contempt of High Court orders granted last September, which restrain him from attending the school following his suspension from his teaching post. He claims wrongful suspension due to his objections to a direction regarding a student's name and pronouns, alleging breaches of his constitutional rights and religious beliefs. The Court of Appeal recently dismissed his appeal against these injunctions.

2023-03-16 · Clare

Speed van operators fail in pay claim over shift breaks

Four speed‑van operators claimed they were denied shift breaks because they had to constantly monitor camera systems. Their union representative argued that the vans lacked toilets or canteens and that tight scheduling left no time for lunch or welfare breaks. The operators, Niall Walsh, Tony Roche, Richard Free and Kevin O'Brien, filed complaints under the Organisation of Working Time Act 1997. The Workplace Relations Commission tribunal rejected the claims. In the hearing, Mr Walsh testified that he had to monitor weather conditions to adjust photo clarity, making a 15‑minute break impossible, and that he tried to take breaks between surveillance sessions but found it extremely difficult. The company's barrister, Kevin Bell, noted that operators were not required to watch weather conditions and that speed detections were carried out by the apparatus. The company's general manager, Pat McGuire, said operators only had to occasionally check the equipment and that technology took over once set up.

2023-03-16 · Dublin

Possession of bestiality images would not be an offence in Ireland, lawyers tell extradition hearing

In a High Court hearing, lawyers for 72‑year‑old Thomas Donaldson argued that possession of images depicting a woman and a dog engaging in sexual acts would not constitute a criminal offence under Irish law. Donaldson, who was arrested in Dublin in January after a Northern Irish warrant alleged that hundreds of indecent images of children were found on his computer, faces 15 charges of making indecent images and two counts of possessing extreme pornography. The court considered whether the images, which show a female's mouth and vagina being penetrated by a dog's penis, fall under Irish legislation that criminalises sexual conduct likely to cause fear or alarm. The judge noted ambiguity in the law, particularly whether possession alone is an offence, and postponed judgment to 25 April, remanding Donaldson in custody until then.

2023-03-16 · Cork

'Cannon fodder': Kinahan cartel manager jailed for managing 'industrial scale' drugs warehouse

Douglas Glynn, a manager for the Kinahan cartel, was sentenced to eight years' imprisonment by the Special Criminal Court for managing an industrial-scale drugs warehouse. Mr Justice Tony Hunt described Glynn as "cannon fodder" used by higher-level members. Glynn pleaded guilty to conspiracy to possess 335 rounds of ammunition and to conspiracy to possess cocaine and cannabis worth over €13,000. The judge fixed a headline sentence of 12 years for the drugs charge, discounted by 25% for his early plea, with the final year suspended for four years under probation supervision. He was also sentenced to four years for the ammunition charge to run concurrently. These sentences run from February 20, when he entered his first plea. Glynn is already serving a seven-and-a-half-year sentence, with the final year suspended, for his role in a foiled plot to murder James 'Mago' Gately. His brother, Anthony Glynn, pleaded guilty to possessing the ammunition and drugs for the gang and was sentenced in February of last year to seven-and-a-half years' imprisonment with the final year suspended. Emmet Fogarty, alleged to be responsible for the unit, was jailed for five years in November 2018 after pleading guilty to possession of the drugs and ammunition. The matter was concluded with these sentences.

2023-03-15 · Dublin

Patient avoids jail for sexual assault of nurse at psychiatric hospital

Martin Joyce, 42, pleaded guilty to sexually assaulting a nurse on 29 October 2020 while he was a voluntary inpatient at a Dublin psychiatric hospital. He was heavily medicated for a misdiagnosed schizophrenia, later re‑diagnosed with an emotionally unstable personality disorder. The assault occurred around 11 pm after Joyce had been transferred to the main ward. The nurse described Joyce staring at her, grabbing her breasts, sliding his hands down to her bottom, and then lunging at her. She activated her alarm and escaped along the corridor. Joyce later admitted the offence, expressed remorse and was found guilty. Judge Martin Nolan, hearing the case in the Dublin Circuit Criminal Court, imposed a fully suspended sentence, ordered Joyce to be of good behaviour for one year and to comply with Probation Services supervision. He also noted Joyce's previous seven convictions, including assault, malicious damage and failure to comply with Garda directions.

2023-03-15 · Galway

Pedestrian would have been 'clearly visible' from teleporter, farm murder trial hears

During the trial of Michael Scott for the 2018 murder of 76‑year‑old Ms Treacy, accident investigator John Hayes presented evidence that Ms Treacy was likely walking away from the teleporter as it approached, attempting to escape impact. Hayes argued that a pedestrian in a light‑blue cardigan would have been clearly visible through the back window, though visibility was reduced by grime. He described two distinct tracks on Ms Treacy's body, suggesting two passes by the teleporter, and reconstructed the scene with a garda standing one metre behind the vehicle. Hayes noted that the teleporter's left rear view mirror was missing and that the driver would have needed to rotate 90° to see behind while reversing, a normal action for an agricultural vehicle. Michael Scott pleaded not guilty.

2023-03-15 · Dublin

Parking row led man to throw industrial paint over home

In a Dublin Circuit Criminal Court hearing, Leroy Farrelly, 46, pleaded guilty to criminal damage after throwing industrial paint over a house on Clonliffe Road, an act triggered by a parking dispute. CCTV footage captured on CrimeCall identified him. The homeowners, who had no connection to Farrelly, suffered €18,300 in removal costs and expressed fear and distress. Farrelly, with four prior convictions, was given a three‑year suspended sentence by Judge Martin Nolan, who noted the victims' significant suffering and Farrelly's remorse. He was ordered to offer €2,200 to the victim and had 12 months to raise an additional €7,800 if desired. The judge highlighted Farrelly's responsibilities as a husband and father, and his efforts to address underlying issues through counselling.

2023-03-15 · Dublin

Bus driver avoids jail for careless driving causing death of cyclist

A man has received a fully suspended one-year sentence at Dublin Circuit Criminal Court for careless driving causing the death of a cyclist. Mariusz Karpinski, aged 32 and from Ashbourne in County Meath, pleaded guilty to careless driving causing the death of a cyclist on a local access road near Kilshane Cross in north County Dublin on 4 May 2021. Judge Martin Nolan imposed the suspended sentence, finding the case tragic but noting that Karpinski had been driving into strong sunlight that obscured his vision. The judge stated that while Karpinski was driving reasonably carefully, he failed to take appropriate steps to address the weather conditions. Evidence indicated the cyclist had been visible for approximately two seconds before impact. Karpinski, who has since relocated to Cavan and works in factory employment, was not disqualified from driving. The deceased's mother submitted a victim impact statement and was noted by the judge as displaying forgiveness toward the accused.

2023-03-15 · Roscommon

Jury finds Stephen Silver guilty of capital murder after two trials

A jury at the Central Criminal Court has found Stephen Silver guilty of capital murder following a retrial. Silver, aged 46, a mechanic from Aughaward, Foxford, County Mayo, was convicted of fatally shooting Garda Colm Horkan with the officer's own firearm on 17 June 2020 near Castlerea, County Roscommon. The jury of seven men and five women reached their unanimous verdict after deliberating for eight hours and 39 minutes. A previous jury had been unable to reach agreement in November 2022. Silver had pleaded not guilty to capital murder but guilty to manslaughter. The trial centred on his state of mind at the time of the shooting, with defence evidence suggesting mental illness contributed to his actions, whilst prosecution submissions maintained he acted with intent to kill. Ms Justice Tara Burns will impose sentence on 19 April. Conviction for capital murder carries a mandatory minimum 40-year prison sentence.

2023-03-15 · Mayo

Couple secure injunction preventing receiver's proposed sale of house

A businessman and his wife from Lisheenbrawn, Swinford, County Mayo, have obtained a temporary High Court injunction preventing a mortgage company and a receiver from selling their property. James Murphy and Caroline Hannon initiated High Court proceedings against receiver Hilary Larkin and Start Mortgages DAC, who sought to dispose of the house. The couple claim the receiver lacks valid authority to possess or sell the property they co-own. Mr Justice Brian O'Moore granted the interim injunction on an ex-parte basis on Wednesday, restraining the defendants from selling, transferring, or disposing of the property. The couple, represented by Darach MacNamara BL, acquired the property in 2002 and intend it eventually to serve as a home for their daughter, who has Down Syndrome, autism, and dyspraxia. Mr Murphy claims legal issues surround the receiver's appointment in October 2021 and questions whether those who appointed her held proper authority. The defendants allegedly declined to provide identifying details of the authorising officers. The case was adjourned to early the following week.

2023-03-15 · Ireland

Complainant tells trial she was in shock after alleged rape by three men

The trial of three men accused of raping a 17-year-old woman in a hotel car park in the Leinster area on December 20, 2017, continued at the Central Criminal Court. The complainant testified that she was in shock after the alleged attack and could not believe what had happened. She described being driven to petrol stations where the defendants purchased cigarettes, noting she was unsure if she exited the vehicle at the first stop. After being dropped off, she walked to a friend's house, where she checked for bleeding but found only fluid. She later took the morning-after pill and contacted her boss, claiming a stomach bug, before spending the day at a friend's home. Her mother subsequently arranged an appointment at a sexual assault treatment unit. The complainant stated she delayed reporting to gardaí until December 27 due to fear, providing her clothes and names obtained from Facebook searches. The first defendant, aged 22, pleaded not guilty to one count of rape and one count of sexual assault. The second defendant, aged 23, pleaded not guilty to one count of rape, one count of oral rape, and two counts of sexual assault. The third defendant, aged 22, pleaded not guilty to one count of rape and one count of oral rape. The trial continues before Ms Justice Melanie Greally and the jury.

2023-03-15 · Ireland

Big Tobacco burnout: JTI manager says she had to quit over workplace stress

In March 2023, former JTI Ireland brand manager Caroline McGarry filed a complaint with the Workplace Relations Commission alleging constructive dismissal after being placed on a performance improvement plan (PIP). McGarry, who had worked for the company for 13 years, said she had been advised by her GP to take sick leave for anxiety triggered by workplace stress. She claimed the company's annual review rated her as "needs improvement" without considering her sick leave and that her concerns about workload and morale were dismissed. McGarry described a gradual build‑up of anxiety symptoms, including sleeplessness and chest pressure, and said she was pressured to remain "steady" despite feeling unsupported. She resigned in September 2023 after the PIP was imposed, stating she had no alternative. The WRC has adjourned the case to a future hearing, with the tribunal expected to consider evidence from her last line manager, Rebecca Crotty.

2023-03-15 · Mayo

Valerie French Kilroy murder trial hits 'bump in the road'

At the Central Criminal Court, the murder trial of James Kilroy, aged 49, of Kilbree Lower, Westport, Co Mayo, has been adjourned until Monday afternoon following an unforeseen development. Mr Kilroy, a park ranger, is charged with the murder of his wife Valerie French Kilroy, aged 41, at their rural home on a date between 13 and 14 June 2019. He has pleaded not guilty by reason of insanity. The trial was delayed this morning when High Court judge Ms Justice Mary Ellen Ring informed the jury that an unexpected matter had arisen unknown to all parties. She noted that neither party was at fault and that additional time was required to address the issue. Evidence presented to the jury has included testimony from the Chief State Pathologist regarding the cause of death. The defence has made formal admissions that the defendant killed his wife. The trial will resume on Monday.

2023-03-15 · Dublin

'There is no need to be afraid': daughter of man killed in arson attack appeals to African community

Tatiana Viera, daughter of the late Ohari Viera, spoke at the sentencing hearing for Dean Boland, who was convicted of unlawful killing, arson and burglary in August 2018. Viera said she had grown up with a distrust of the police as an African national but had learned "the truth of the system" through the trial and praised the "kind humanity" of the gardai. She thanked the judge, jury and prosecution team, expressed sympathy for Boland, and urged the African community that there is no need to be afraid of the police. Viera described her father's death as the tragic end of a "complicated journey" from Angola, and she highlighted the trauma she experienced when her father was taken to St James' Hospital and later died of cardiac arrest caused by smoke inhalation. The sentencing was adjourned to March 30. Dean Boland pleaded not guilty.

2023-03-15 · Louth

Atheism campaigner discriminated against by failure to consider him for military chaplain role

John Hamill, an atheist campaigner, filed a discrimination complaint with the Workplace Relations Commission after the Defence Forces refused to consider him for a military chaplain role. The State argued that chaplains must hold a monotheistic belief to provide "force protection" and "religious leader engagement" in conflict zones, citing the 87.16% Catholic composition of the forces. The Commission found the Defence's requirement unlawful, ruling that chaplains should not be recruited solely from Roman Catholic and Church of Ireland clergy. An adjudicating officer ordered the Department to review its chaplaincy process to reflect diversity, though compensation was not awarded. The decision upheld Hamill's claim of religious discrimination and rejected the State's justification that a Christian chaplain was essential for missions such as UNIFIL in south Lebanon.

2023-03-15 · Roscommon

'Learned Impunity': the trial of garda murderer Stephen Silver

A jury at the Central Criminal Court has convicted Stephen Silver of the capital murder of Garda Colm Horkan in Castlerea, County Roscommon, on 17 June 2020. Silver, a 46-year-old motorcycle mechanic, was sentenced to a minimum of 40 years imprisonment. The court heard that Silver had deliberately provoked an encounter with gardaí that evening, conducting dangerous motorcycle manoeuvres around the Knockroe estate in Foxford and making verbal challenges to armed officers. When Garda Horkan, a 25-year veteran based in Charlestown, County Mayo, approached Silver and his companion James Coyne, a struggle ensued over the officer's firearm. Silver disarmed Garda Horkan and fired eleven shots at the wounded officer as he lay on the ground. The defence argued Silver was experiencing a relapse of bipolar affective disorder at the time, but the jury rejected this claim. Expert testimony established that Silver's pattern of prior involuntary psychiatric admissions had created a "learned impunity" whereby he expected diffusion and hospitalisation rather than serious criminal consequences. Garda Helen Gillen, who witnessed the incident, confronted and arrested Silver unarmed. Stephen Silver pleaded guilty.

2023-03-14 · Ireland

Three go on trial accused of raping teenage girl in car park

Three men, aged 22, 23 and 22, are on trial at the Central Criminal Court for alleged rape and sexual assault of a 17‑year‑old girl in a hotel car park in Leinster on 20 December 2017. The first defendant pleaded not guilty to one count of rape and one count of sexual assault; the second pleaded not guilty to one count of rape, one count of oral rape and two counts of sexual assault; the third pleaded not guilty to one count of rape and one count of oral rape. The complainant, who left home around 6 pm after a friend texted her to go for a drive, was taken to the car park by four male passengers. She alleges the defendants forced her into the car, attempted to undress her, and engaged in non‑consensual sexual acts, including rape, oral rape and forced intercourse.

2023-03-14 · Roscommon

Security guard tells trial of being attacked at Strokestown repossession farm

The trial of Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor continues before Judge Martina Baxter and a jury at Dublin Circuit Criminal Court. The four men, who have all pleaded not guilty, face the same 17 charges each. They are accused of false imprisonment and assault causing harm to four security guards, including Mark Rissen, at a repossessed farm in Falsk, Strokestown, on December 16, 2018. The State alleges the group also committed aggravated burglary, four counts of arson, criminal damage, violent disorder, robbery, and causing unnecessary suffering to an animal. Mr. Rissen testified that he was pushed to the ground, struck, and had his hands tied with cable ties during the attack. He reported bleeding from a leg gash and smoke inhalation, requiring treatment at Mullingar Hospital. The court heard that the accused allegedly arrived armed with various weapons, smashed the property, and set vehicles on fire. The trial is currently at the evidence stage, with the prosecution presenting witness accounts of the alleged assault and property damage.

2023-03-14 · Dublin

Community volunteer avoids jail for revenge attack

Lee Lismore, 54, pleaded guilty to assault causing harm after a revenge attack on a man he claimed had assaulted him earlier. The incident occurred at Smithfield Square, Dublin, on 3 April 2021, where Lismore, along with two other men, punched, kicked and stabbed the victim, who suffered a brain bleed and multiple stab wounds. Lismore had no prior convictions and cooperated with Gardaí, providing details of the alleged earlier assault. The court noted strong mitigating factors, including his community volunteer work and lack of criminal history. Judge Martin Nolan sentenced Lismore to a three‑year term, suspended on conditions, and required him to pay €3,000 to the victim. The case remains under investigation for the alleged initial assault. The other two men were not before the court.

2023-03-14 · Galway

Garda tells farm murder trial he made mistake in collision report

During the Central Criminal Court hearing, Garda investigator Eoin O'Connor admitted he erred in his collision report concerning the fatal incident involving Chrissie Treacy, who was run over by an agricultural teleporter driven by her nephew Michael Scott. O'Connor had stated that an experienced operator would leave the machine in gear after turning it off to prevent rolling, but he acknowledged that another operator's evidence showed this would not stop the teleporter from moving. He explained that his mistake stemmed from his lack of experience with such machinery. The trial, which has heard that Mr Scott, aged 58, pleaded not guilty to murdering Ms Treacy on 27 April 2018, continues before Justice Caroline Biggs and a 15‑person jury. The prosecution maintains that Mr Scott deliberately ran over Ms Treacy amid a long‑running land dispute, while his lawyers argue the death was a tragic accident.

2023-03-14 · Mayo

Ammi Burke gets date for High Court challenge against Arthur Cox dismissal

A solicitor from Castlebar, Co Mayo is pursuing a High Court judicial review challenge against a Workplace Relations Commission decision rejecting her unfair dismissal claim against law firm Arthur Cox LLP. Ammi Burke was dismissed from the firm in November 2019 and lodged a complaint with the WRC, which was subsequently rejected by an independent adjudication officer. Ms Burke contends the adjudication officer's decision was flawed and made in breach of fair procedures. She argues that under the Unfair Dismissals Acts, adjudication procedures must be inquisitorial in nature and claims the officer refused to summon two witnesses she wished to cross-examine and failed to have certain emails produced as evidence. Arthur Cox LLP denies the claims and will oppose the application. The High Court hearing is scheduled for May 2nd and is expected to last one and a half days. Mr Justice Charles Meenan confirmed he will not preside over the case.

2023-03-14 · Dublin

Israeli soldier 'persecuted' by Mossad after turning pro-Palestinian activist, court hears

A former Israeli soldier, Shahar Hlinovsky, aged 53, turned pro‑Palestinian activist and was said to have been persecuted by Mossad. He lived rough in Dublin and, in two separate incidents, attacked people he mistakenly believed were working for Mossad. In the first, he shouted at a man, brandishing a butcher's knife, which forced the man to call gardaí and retreat. Gardaí found two knives on Hlinovsky. In the second, he pushed a young woman who had just arrived from Germany and was calling her mother, causing her to suffer a graze and a partially ripped nail. Hlinovsky pleaded guilty to assault causing harm, two knife‑possession counts and another assault. He was sentenced to three years, with the final two years suspended and conditions imposed, and will be supervised by the Probation Service for one year after release.

2023-03-14 · Galway

Burglar rumbled after gardai followed sound of alarm

Conor O'Flaherty, 25, of Spiddal Park, Ballyfermot, pleaded guilty in Dublin Circuit Criminal Court to two burglaries in Chapelizod on 17 July 2022 – one at a private home and one at a medical centre. The first burglary involved a kitchen window smashed at 4 am, with homeowners finding a man holding car keys outside. O'Flaherty was later found at the medical centre, filling his pockets with supplies, after gardai followed an alarm sound. DNA from blood linked him to the earlier crime. He apologized and offered to pay for the broken window. O'Flaherty has two prior convictions and was in custody after missing a court date. The court considered his work record and remorse, and Judge Martin Nolan sentenced him to two and a half years, suspended in full under conditions. The sentence was imposed today.

2023-03-14 · Mayo

Jury to continue deliberating in Garda Colm Horkan murder trial

The jury in the Central Criminal Court trial of Stephen Silver continues deliberations in the case concerning the death of Garda Colm Horkan at Castlerea, County Roscommon on June 17, 2020. Mr Silver, aged 46 and from Aughaward, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter. The jury, comprising seven men and five women, has deliberated for over five hours and will resume considerations on a third day. Justice Tara Burns has directed the panel that possible verdicts include capital murder, murder simpliciter, or manslaughter based on diminished responsibility or self-defence. The central issue concerns Mr Silver's mental state at the time of the shooting. The defence argues Mr Silver was experiencing a relapse of mental illness that substantially reduced his responsibility, while the prosecution contends the shooting was a deliberate act motivated by resentment towards gardaí. Expert psychiatric evidence was presented by both the defence and prosecution regarding Mr Silver's mental condition at the time of the incident.

2023-03-14 · Wexford

Fashion influencer's firm gets undertakings over alleged trademark infringement

Haremi Limited, the clothing company co-owned by Paul Quinn and Rosie Connolly Quinn, brought High Court proceedings against Safet Duran, Mohsan Bari, and Independent Clothing Ltd over alleged trademark infringement. The plaintiff claimed that garments bearing its '4th ARQ' trademark were discovered for sale at Bella Moda in Gorey, Co Wexford, and Elle Boutique in Tallaght, Dublin. Haremi alleged these items originated from a rejected batch ordered from Independent Clothing Ltd, which it claimed was substandard and poorly constructed. The company sought an injunction restraining the defendants from dealing in goods bearing its trademark, as well as orders requiring the disclosure of supplier and customer details. When the matter returned before Mr Justice Brian O'Moore on Tuesday, counsel Kelley Smith SC informed the court that the proceedings had been adjourned after the defendants provided certain undertakings. These undertakings included an agreement to make specific disclosures to Haremi, which have been complied with. Counsel stated that Haremi was satisfied with the progress, noting that the only remaining issue in its injunction application concerned the allocation of legal costs. Mr Justice O'Moore agreed to adjourn the issue of costs to a date later this month. The matter was therefore adjourned, with no final determination on the substantive claims or costs at this stage.

2023-03-14 · Donegal

Department store ordered to pay worker discriminated against due to post natal depression

The Workplace Relations Commission has ordered Edward Slevin & Co Ltd, trading as Slevins Department Store in Ballyshannon, County Donegal, to pay €5,500 in compensation for discriminatory dismissal. The adjudicating officer found that a worker had been discriminated against on grounds of disability relating to post-natal depression. The complainant alleged she was denied hours of work in July 2021 following her maternity leave, after informing management of her illness. The store's owner disputed that a dismissal had occurred, characterising the matter as a miscommunication between staff. The adjudicating officer determined that whilst dismissal may not have been intentional, the complainant was deprived of employment and income through discrimination based on her disability. The officer noted deficiencies in the respondent's handling of employment law and disability rights, and structured the compensation to include a deterrent element.

2023-03-14 · Armagh

Ex-girlfriend of Lordship accused tells trial he was at home on same night as robbery

In a Special Criminal Court hearing on 14 March 2023, Charlene O'Callaghan, the former girlfriend of Brendan Treanor, testified that she and Treanor were at home in Tullydonnell, Co. Armagh, on the night of the January 25, 2013 robbery at Lordship Credit Union. She said she arrived home at about 9:15 pm after work, watched television, showered, and then left to order food at a Crossmaglen takeaway at 10:05 pm, returning around 10:17 pm. O'Callaghan confirmed that Treanor was present in the house before she left and that he had dropped his phone into the bath while washing their dogs. She also noted that Treanor's friends included Aaron Brady and James Flynn. The testimony was given while Treanor and Flynn remain charged with the robbery and related conspiracy, having pleaded not guilty. The case continues before the Special Criminal Court.

2023-03-14 · Mayo

Airbnb guest was staying at Valerie French Kilroy's home when she was killed by husband, trial hears

A man charged with murdering his wife in County Mayo has pleaded not guilty by reason of insanity at the Central Criminal Court. James Kilroy, aged 49, of Kilbree Lower, Westport, is accused of killing Valerie French Kilroy, aged 41, at their home between 13 and 14 June 2019. His counsel has made formal admissions that the defendant killed his wife. The prosecution has presented evidence including testimony from an Airbnb guest staying in a self-contained area of the property, who reported seeing a man in dark clothing near the house on the evening in question but hearing nothing unusual. A pathologist told the court the victim died from ligature strangulation, blunt force trauma to the head, and a stab wound to the neck. A medical practitioner assessed the defendant at Castlebar Garda Station and noted he had consumed cannabis and alcohol. The defence is expected to call psychiatric evidence on Wednesday. The trial continues before Justice Mary Ellen Ring and a jury.

2023-03-13 · Roscommon

'Like something out of the wild west', defence say of Strokestown eviction

Dublin Circuit Criminal Court heard testimony on 13 March 2023 in the trial of four men charged in connection with an attack on a repossessed farm near Strokestown, County Roscommon. The managing director of Trinity Asset Management Services described executing a repossession order at Falsk on 11 December 2018, following which he met a large group at Strokestown church before driving in convoy to the property. The State alleges that five days later, approximately 30 people, some masked and carrying weapons, attacked the rural premises, assaulted four security personnel, damaged vehicles, and injured a guard dog. The defence barrister characterised the convoy operation as resembling frontier justice. Patrick Sweeney, Martin O'Toole, Paul Beirne, and David Lawlor, all pleaded not guilty to 53 charges in total, including aggravated burglary, assault causing harm, arson, false imprisonment, criminal damage, and violent disorder. The trial before Judge Martina Baxter and a jury continues.

2023-03-13 · Ireland

Reliance of innocent family on abuser can't justify non-custodial sentence, judge notes

In a High Court case, Mr Justice Paul Burns sentenced two brothers, aged 46 and 44, to three‑year terms for repeated rape and sexual assault of a younger brother in their family home. The 46‑year‑old pleaded guilty to 15 charges of sexual assault and anal rape between May 1990 and December 1993; the 44‑year‑old pleaded guilty to 13 similar charges. Each brother received a three‑year term with the final 18 months suspended for the rape charges and a concurrent 12‑month prison term for the sexual assault. Both men are now registered sex offenders. The judge noted that the brothers' low risk of re‑offending and the fact that they were children at the time of the offences meant a post‑release supervision order was unnecessary. He expressed sympathy for the victim and hoped that further intervention and family support might lessen the harm caused.

2023-03-13 · Dublin

Pair avoid jail for threatening to kill man over Canada Goose jackets

Aaron Cunningham, aged 20, and his uncle John Cunningham, aged 38, avoided jail after pleading guilty to threatening to kill a man over unpaid Canada Goose jacket deposits. Aaron pleaded guilty to four counts of threatening to kill or cause harm and threatening to damage property between 1 and 7 February 2021. John pleaded guilty to five counts of threatening to kill or cause serious harm between 7 January and 1 February 2021. The threats were made in person, via voicemail, text and Snapchat voice messages. Judge Pauline Codd sentenced John to five years' imprisonment, suspended in full on strict conditions including probation for two years, and Aaron to four years' imprisonment, also suspended in full on strict conditions. The court noted the men's remorse and Aaron's lack of prior convictions, while John had 19 previous convictions. The case involved a series of deposit disputes and escalating threats over a year.

2023-03-13 · Dublin

Teen avoids jail for bus stabbing after spending week in custody

Sean Squires, aged 19, avoided jail after a week in custody for stabbing a young man on a Dublin bus in August 2021. Squires, who was 17 at the time, stabbed the victim in the cheek and leg after the victim tried to intervene in an argument between Squires and his girlfriend. The incident occurred when the couple were heading into the city centre for dinner; the victim's girlfriend was upset and the argument escalated. Gardaí arrested Squires shortly after he tried to board another bus. He pleaded guilty to assault causing harm and producing a knife. Judge Martin Nolan remanded him to understand custody, then imposed a two‑year sentence, which he suspended in full on strict conditions, citing Squires' youth. The judge warned that any repeat offence would lead to long imprisonment. No prior convictions were recorded. The case was heard at Dublin Circuit Criminal Court.

2023-03-13 · Kildare

Six years for man (40) caught with drugs and laundered cash

Fiachra Slator, 40, of Clondalkin, pleaded guilty in Dublin Circuit Criminal Court to possession of a small quantity of drugs at his home and a larger quantity at a location in Straffan, Co Kildare, together with bagging material, weighing scales and a blender. He also pleaded guilty to money laundering for €125,110 found in a locked box at his mother's home. The offences, committed on 14 April 2022, involved over €80,000 in drugs and €125,000 in cash. Garda Ciaran O'Neill explained that two search warrants, based on confidential information, led to the seizures. Judge Martin Nolan, noting Slator's early guilty plea, admissions, medical condition and desire to change, departed from the ten‑year mandatory minimum and imposed a six‑year sentence, back‑dated to the date Slator entered custody.

2023-03-13 · Dublin

Man (60) avoids jail over 'classic invoice redirection fraud'

In a Dublin Circuit Criminal Court hearing, 60‑year‑old Andrew Edward avoided jail for his role in a "classic invoice redirection fraud." Edward, of Dun Saithne Court, Balbriggan, had allowed an ex‑colleague to use his bank account, believing the colleague trustworthy. He pleaded guilty to money laundering on 4 March 2021 and had seven prior traffic convictions. Garda Barry Griffin reported €19,095 was transferred into Edward's account, flagged as suspicious, with €17,625 recovered; about €1,500 was withdrawn and not recovered. Edward admitted to permitting the use of his account and keeping €200 for himself. Rebecca Smith BL defended him as a married family man with medical issues, noting his remorse and cooperation. Judge Martin Nolan described the case as a reckless invoice redirection fraud, imposed a nine‑month sentence, and suspended it in full on strict conditions.

2023-03-13 · Roscommon

'This is not trial by expert, this is trial by jury': garda murder trial jury begin deliberations

A jury at the Central Criminal Court has begun deliberations in the trial of Stephen Silver, charged with the murder of Garda Colm Horkan at Castlerea, County Roscommon on 17 June 2020. Mr Silver, aged 46 of Aughavard, Foxford, County Mayo, has pleaded not guilty to murder but guilty to manslaughter. Justice Tara Burns instructed the jury of twelve that possible verdicts include capital murder, murder, or manslaughter on grounds of diminished responsibility or self-defence. The central issue concerns Mr Silver's state of mind at the time of the shooting. Expert evidence was presented regarding whether Mr Silver's bipolar affective disorder was operant during the incident, with the defence and prosecution psychiatrists disagreeing on this point. The judge emphasised that the jury must determine the facts rather than defer to expert testimony. A unanimous verdict is required. Deliberations commenced at 3:40pm and will resume on Tuesday.

2023-03-13 · Cork

'Apprehension of bias' in judge's overturning of traveller credit card discrimination case, High Court told

In March 2023 the High Court heard a challenge to a Circuit Court decision that overturned a Workplace Relations Commission finding that a hotel owned by Supermac's founder Pat McDonagh had discriminated against a Traveller family. The family, consisting of Bridget O'Reilly, her partner Philip O'Neill and two children, had been denied accommodation at the Charleville Park Hotel after booking online and presenting a debit card and a cheque. The hotel insisted a credit card in the name of the guest was required. The WRC awarded the family €22,000 for discrimination, but the Circuit Court set aside that finding, ruling the hotel's credit‑card policy was lawful. The family's lawyers now seek a judicial review, alleging the judge's conduct created a reasonable apprehension of bias, including the use of the term "itinerants" and praise of the hotel's witness. The High Court has adjourned the case to May pending a transcript of the Circuit Court hearing.

2023-03-13 · Ireland

'A place of pain': combined sentences of 33 years for woman and partner over repeated rape of girl (5) and boy (3)

In March 2023 the Central Criminal Court sentenced a 40‑year‑old woman and her 52‑year‑old partner to a combined 33 years for repeated rape and sexual abuse of their five‑year‑old daughter and three‑year‑old son. The couple denied the charges, which included rape, oral rape, sexual assault, sexual exploitation, reckless endangerment and false imprisonment, and were tried in 2022. Mr Justice David Keane imposed 19 years on the man and 14 years on the woman, with all sentences running concurrently. The judge noted the children's profound trauma and the breach of trust by a mother who allowed the abuse. Both defendants were added to the sexual offenders register and will be supervised by the Probation Service for two years after release. No portion of the sentences was suspended. The court expressed hope that the children would find strength in the verdict. The unnamed 40-year-old was convicted.

2023-03-13 · Clare

Mother tells court of pain of knowing son's killer was free for four years

At a sentencing hearing on 13 March 2023, Sharon Higgins, mother of 19‑year‑old Jamie Higgins, spoke of the pain of knowing that his killer, Nathan O'Neill, had remained free for more than four years after the 2018 nightclub stabbing. Higgins described her son as a loving, generous father and expressed her ongoing grief and health struggles. O'Neill, aged 24, had been tried twice for murder, was acquitted on the first trial and found guilty of manslaughter and causing serious harm to Michael Shannon on the night of 18 March 2018. The court heard that O'Neill had previous convictions for knife possession, threatening a security guard and criminal damage. O'Neill admitted responsibility, expressed remorse, and said he would never forget the impact on the family. Judge Paul Burns adjourned sentencing until 24 April.