Court archive

Court reports from 2023

2023-01-25 · Dublin

Investment firm was 'robbing Kevin to pay Klaus' during financial crash, prosecution tells trial

In a Dublin Circuit Criminal Court conspiracy trial, the State accused Custom House Capital of misusing client money during the 2008‑2011 financial crash. Prosecutor Lorcan Staines SC alleged that the firm, run by CEO Harry Cassidy, bought large European investment portfolios and diverted client funds to cover these purchases, effectively "robbing Kevin to pay Klaus." Ms Ciara Kelleher, a 51‑year‑old senior portfolio relationship manager, pleaded not guilty to one count of conspiracy to defraud investors and clients. The prosecution claimed she was involved in a scheme that misled clients about the location and use of their assets, issuing fictitious valuation statements with fabricated interest. The case presented evidence that about 80 accounts were affected and that the firm's operations exhibited classic Ponzi‑scheme characteristics. The trial, presided over by Judge Orla Crowe, is expected to last up to six weeks.

2023-01-25 · Galway

Taxi driver says petrol attendant called him a racial slur after refusing to unlock pump

Daniel Asari, a taxi driver, complained to the Workplace Relations Commission that a service‑station attendant at Sweeney Oil on Headford Road in Galway City refused to unlock a diesel pump for him twice, once on 31 March and again two nights later. Asari said the attendant called him the n‑word and threatened to take him to court. He claimed the attendant filmed him on his phone and used other racial slurs. The attendant denied using any racial slur, and the station's manager said the incident may have stemmed from a dispute over a BLT sandwich. The manager also noted that the attendant had left the company after a verbal warning. The hearing was closed pending a written decision by the adjudicating officer.

2023-01-25 · Ireland

High Court judge welcomes settlement of assessment of needs cases

Mr Justice Charles Meenan welcomed the settlement of about 20 High Court actions concerning the HSE's assessment of children with special needs, describing the outcome as "very satisfactory". He stressed the need for a system to reduce future judicial reviews on such assessments. The judge heard that many cases were settled after out‑of‑court discussions among the HSE, the Minister for Education and the families. The actions involved claims that the HSE had failed to comply with the 2005 Disability Act by not completing assessments within a reasonable time. While most cases were resolved, 11 remain pending regarding assessments by the National Council for Special Education (NCSE). The Minister plans to announce a new process for NCSE assessments, and the judge has adjourned the remaining matters to February to review progress. The HSE is recruiting assessors and clearing a backlog, but has no power over educational needs assessments.

2023-01-25 · Dublin

'Man in charge' Hutch carried out 'brutal and callous execution' and should be convicted of murder, prosecution say

The appeal stage of the case involving Gerard Hutch, Paul Murphy, and Jason Bonney, who are accused of participating in or contributing to the murder of David Byrne by providing access to motor vehicles on February 5, 2016, is ongoing. All three have pleaded not guilty to the charges. Patrick Dowdall, who was previously convicted of facilitating the murder by making a room available at the Regency Hotel, has admitted guilt and was later re-sentenced to 7 years and 11 months and four years imprisonment after successful appeals. The prosecution has presented evidence, including secretly recorded conversations between Gerard Hutch and Jonathan Dowdall, which allegedly show Hutch's central involvement in the Regency Hotel attack. The trial has heard that three AK-47 assault rifles were found in the boot of a car following an intervention by gardai. The case has been adjourned and is not yet concluded.

2023-01-25 · Waterford

2.5 years for man who 'brutally' sexually assaulted 'extremely vulnerable' girlfriend

A 62‑year‑old man was sentenced to two‑and‑a‑half years in prison for two counts of sexual assault committed against his girlfriend in Waterford in 2001. The assaults, which involved vaginal and anal penetration without consent, occurred over a five‑week period during a relationship that had lasted 20 years. The victim, who has intellectual and memory difficulties, described the experience as the worst of her life and expressed a loss of self‑belief. The court noted that the defendant had pleaded guilty, expressed regret, and had lived a productive life since the offences, with no further convictions. The sentence was back‑dated to February of the previous year when the defendant entered custody after his guilty plea. The judge highlighted the serious breach of trust and the violent, targeted nature of the acts. The case was delayed largely because of the victim's learning difficulties.

2023-01-25 · Ireland

Tech entrepreneur ordered to pay out over wage arrears

Tech entrepreneur Ian Lucey was ordered by the Workplace Relations Commission to pay €19,713.45 to software developer Abhijeet Khopade for unpaid wages. Khopade, who earned €66,000 a year as senior technology manager at BioObservation Systems Ltd, had been given assurances that his arrears for 2019 and 2020 would be paid, but received only intermittent payments. Lucey defended the claim personally at a June 2021 hearing, stating the company had paid the amounts due, and also alleged that Khopade had harassed him and that the company had lost grant aid because of Khopade. The adjudicating officer noted that Lucey had turned his camera off during the hearing and that no payslips existed to support the payments. The Commission found the payments did not meet the wages accruing within the cognisable period and ordered Lucey to pay the full amount owed.

2023-01-25 · Dublin

Irish man to be extradited to Denmark on charge of rape

The High Court ordered the extradition of a 38‑year‑old Irish man to Denmark on a rape charge. The offence was alleged to have occurred in Odense on 17 October 2022. A European arrest warrant was issued by a deputy judge at the Odense court on the same day, and the man was arrested by Gardaí at Dublin Airport after being identified on the Schengen Information System. Mr John Ferry BL, representing the Minister for Justice, confirmed that the Danish prosecution warrant was valid and that there was no issue with identity or certification. Judge Kerida Naidoo was satisfied that the minimum gravity of the charge was met and that the warrant was correct. He ordered the surrender of the respondent to Denmark, allowing him to remain on bail for up to 15 days with a €15,000 surety, and required him to surrender to Gardaí within 48 hours of the surrender date.

2023-01-25 · Galway

Murder trial adjourned after farmer's counsel nominated to become judge

The murder trial of farmer Michael Scott, accused of killing his aunt Christina Treacy in 2018, was adjourned for two weeks after his senior defence counsel, Mícheál P O'Higgins SC, was nominated to the High Court. Justice Caroline Biggs informed the jury that Scott had lost his lead counsel and would need time to appoint a replacement and review the case files. The jury agreed to remain available until May 31 and to return after the Easter break if the trial extends beyond the expected timeframe. The trial, which began last week, was expected to last more than two months and involved a 15‑person jury of seven men and eight women. It will resume on February 7, with the jury required to attend again on February 9. Michael Scott, aged 58, has pleaded not guilty.

2023-01-24 · Dublin

Tenants who allege violent assault have second man added to action

In a High Court case, three Egyptian tenants—Mostafa Elsayed Morshedy Elsayed Faraag, Gomaa Rashed Ahmed Arafa and Hussein Mohamed Hussein Mahmoud—claim they were violently assaulted by a group of up to 20 men on 13 December 2022 while renting a Dublin apartment. They say the attackers broke wooden chairs on their bodies, damaged their possessions and left the apartment in a "war zone" state. The tenants allege the assault was intended to force them to vacate the property, which they had rented since October 2021 for one year with an option to extend and paid rent in cash. They argue they were entitled to 30 days' notice of termination, which was not given. A judge granted them permission to add Mr Tony Tang Le (or Lee) as an additional defendant, while the injunction against the owner, Mr Xia Ping He, remains in place.

2023-01-24 · Roscommon

Women go on trial accused of trafficking Brazilians to work as prostitutes

Two women have gone on trial at Dublin Circuit Criminal Court on charges relating to the alleged trafficking of Brazilian nationals for sexual exploitation across rural Irish towns. Natalia Nogueira Da Silva, aged 32, of Drumlish, Co Longford, has pleaded not guilty to human trafficking but guilty to organising prostitution, facilitating illegal entry, and money laundering offences. Her co-accused, Ivanilce Vailones Fidelis, aged 46, of Roscommon, has pleaded not guilty to all charges against her, including two counts of human trafficking, organising prostitution, and money laundering. The prosecution alleges the two women trafficked vulnerable women between December 2018 and May 2019, moving them between towns including Portarlington, Thurles, and Tralee for sexual work. The State contends the women were controlled through debt bondage and threats. The trial, before Judge Patricia Ryan and a jury, is expected to last six weeks.

2023-01-24 · Galway

Child rapist claims he has no memory of carrying out abuse

Patrick Murphy, 36, of Kilcogan, Co Galway, was found guilty in the Central Criminal Court of six sexual assaults on two girls and eight counts of sexual assault on their seven‑year‑old cousin, plus eight counts of oral and anal rape of a boy. The offences occurred between 1999 and 2004 when Murphy was aged 12 to 17, with some taking place before he reached the age of criminal responsibility. The victims, who are sisters and a cousin, reported the abuse in 2017 and the case was brought to court. Murphy pleaded not guilty and maintains no memory of the acts, though he has expressed remorse. Justice Paul McDermott sentenced him to six years for the rape offences, with two and a half years for the sexual assaults, to run consecutively, and suspended the final year of an eight‑and‑a‑half‑year term on condition of participation in sexual offending programmes.

2023-01-24 · Down

Man avoids jail for 'unprovoked, shameful and cowardly attack' on partner

Matthew Telford, aged 32, was found guilty of assault causing harm after he attacked his partner in a hotel room in Tyrellstown on 13 August 2019. The assault took place in front of their children, with Telford squeezing the woman's face and jaw, throwing her onto the bed, grabbing her by the hair, and slapping and kicking her legs. She fell, breaking her wrist, which required surgery. Telford pleaded guilty at Dublin Circuit Criminal Court and had no prior convictions. Judge Martin Nolan described the attack as "unprovoked, shameful and cowardly" and, considering his remorse and lack of previous offences, imposed a two‑year suspended sentence. The sentence includes a €4,000 compensation payment to the victim, with an additional €5,000 payable in two years, and the suspension will be lifted if the victim declines the money. The court noted the long‑term impact of the wrist injury but did not impose immediate custodial time.

2023-01-24 · Galway

Businessman tells WRC he's unsure he's ever met worker

During a remote hearing before the Workplace Relations Commission, Jason Gallagher, owner of WFD Food Delivery Galway Ltd, denied any employment relationship with William McDonagh, who had filed statutory complaints alleging discriminatory dismissal and other breaches. Gallagher claimed his company had no employees, was merely a marketing and publishing venture involving only him and his wife, and that he had never met McDonagh. He disputed the complaint's stated start date of November 2020 and argued that the company had never traded. The complainant's solicitor, Ciarán Tansey, noted that the respondent had not filed any submissions despite the complainant's 200‑page submission. The adjudicating officer, Brian Dolan, allowed the complainant to amend the complaint form and adjourned the matter, instructing Gallagher to submit full responses within ten working days and the complainant to reply within two weeks. The next hearing will address the amendment request and proceed to a full hearing of the complaints.

2023-01-24 · Roscommon

Innocent car occupants caught up in Traveller family feud

A man has been sentenced to three years in custody at Dublin Circuit Criminal Court following a road incident in Lucan that endangered innocent bystanders. Martin Mongan, aged 47, was convicted by jury of endangerment and dangerous driving arising from an incident on Newcastle Road on 6 May 2018. The court heard that Mongan, embroiled in a family feud originating from a violent incident at a Roscommon funeral in 2017, deliberately drove his truck at a van containing family members he was in dispute with. The collision caused the van to strike an uninvolved car with three occupants who had no connection to the parties involved. Judge Patricia Ryan noted the incident occurred in broad daylight and considered aggravating factors including the repeated nature of the driving at the van. The judge stated a custodial sentence was necessary to mark the seriousness of the offence and its effects on the injured parties.

2023-01-24 · Dublin

'Incorrigible' drug dealer jumped into canal to avoid gardai

James Maher, 32, of Kilcronin Crescent, Clondalkin, was jailed for 32 months after pleading guilty to possessing cocaine and cannabis for sale or supply on 23 August 2020. While on bail, he was seen by Sergeant Peter Smith on patrol around the Grand Canal in Clondalkin, acting suspiciously and placing items from a ditch into a shopping bag on his bike. Maher ran off, threw a large bin bag into the canal, jumped in, retrieved the bag, and later threw it into a nearby field. The bag on his bike was recovered, containing cannabis worth €2,500, and he was found wet with cocaine worth €980 on him. The field search failed to recover the bin bag. Maher has 27 prior convictions, mainly for drug dealing, and was previously sentenced by Judge Elma Sheahan. He is due for release on 20 May 2025.

2023-01-24 · Dublin

Manager jailed for stealing €875k from Credit Union

Anne Butterly, a 66‑year‑old former manager of Rush Credit Union, was sentenced to two years' imprisonment for stealing €875,405 from the organisation over a seven‑year period. The theft was carried out through four methods: obtaining authorised signatures on blank cheques, diverting funds from members' share accounts, making unauthorised transactions on deposit accounts, and purchasing a vehicle for her husband using credit union money. Butterly had previously pleaded guilty to stealing €34,496 and, on 24 January 2023, pleaded guilty to three further counts totalling €59,786, which were treated as representative of the broader period from 2009 to 2016. The judge noted her long service, the breach of trust, and her health problems, but concluded that custodial punishment was necessary for deterrence and to address the seriousness of stealing from an employer and community. The credit union's insurance company compensated the victims, and Butterly has since fully repaid the amounts.

2023-01-24 · Dublin

Accused was working miles north of Regency on afternoon of attack, alibi tells trial

At the Special Criminal Court on 24 January 2023, a defence witness testified that Jason Bonney, accused of participating in the murder of Kinahan Cartel member David Byrne at the Regency Hotel on 5 February 2016, was working north of the hotel approximately 15 minutes after the attack. The witness also gave evidence that she observed Bonney's deceased father driving a BMW X5 jeep, which the prosecution alleges was used to transport a raider from the scene. Under cross-examination, the State contended that Bonney's father had not driven the vehicle that day. A second defence witness corroborated seeing the father operating the jeep. Bonney, aged 52, of Drumnigh Wood, Portmarnock, Dublin, pleads not guilty to participating in the murder by providing access to motor vehicles. His co-accused Gerard Hutch and Paul Murphy likewise deny involvement. The prosecution concluded its case after 13 weeks of evidence.

2023-01-24 · Dublin

Custom House Capital conspiracy trial to open tomorrow

A former financial services worker, Ciara Kelleher, 51, is set to go on trial tomorrow at Dublin Circuit Criminal Court. She faces one count of conspiring to defraud investors in Custom House Capital Ltd by deliberately misleading them about the placement of their assets. The alleged offences occurred between October 2008 and July 2011. Kelleher pleaded not guilty. Judge Patricia Ryan informed the jury that the trial is expected to last six weeks and that Kelleher denies the charge. The jury was empanelled today and the trial will begin tomorrow before Judge Orla Crowe.

2023-01-24 · Cork

Hairdresser 'summarily dismissed' from UCC student centre

The Workplace Relations Commission has found that Student Facilities & Services (UCC) DAC, trading as Unisalon at the Student Centre at University College Cork, unlawfully dismissed Tracey Ring. The adjudicating officer, Lefre de Burgh, upheld complaints brought under the Unfair Dismissals Act 1977 and the Minimum Notice & Terms of Employment Act 1973. The tribunal determined that the employer's conduct was "entirely unreasonable" and "unlawful," finding that Ms Ring was dismissed summarily without notice or adherence to fair procedures. The respondent, represented by general manager Terry Brennan, had denied the complaints, asserting that Ms Ring was "laid off" rather than dismissed and that all owed wages had been paid. However, the adjudicating officer rejected this, noting that the employer failed to follow standard termination practices or provide a redundancy payment. The decision ordered the employer to pay Ms Ring €1,920 for unfair dismissal and €480 in notice pay, totalling €2,400. This finalisation concludes the hearing, with the tribunal's findings establishing that the dismissal was neither substantively nor procedurally fair.

2023-01-24 · Dublin

After 13 weeks, State concludes murder case against Hutch

The State concluded its prosecution case after thirteen weeks at the Special Criminal Court in Dublin against Gerard Hutch, charged with murdering Kinahan Cartel member David Byrne at the Regency Hotel on 5 February 2016. Hutch's two co-accused, Paul Murphy and Jason Bonney, face charges of participating in the murder by providing vehicle access. Presiding Judge Tara Burns, sitting with Judges Sarah Berkeley and Grainne Malone, ruled licence plate evidence inadmissible, finding the court could not be satisfied as to its provenance or reliability. Hutch's defence indicated they would not call evidence or have their client testify. Murphy's legal team stated they would not call evidence but wished to make a jurisdictional submission. Bonney's counsel indicated he may call witnesses. The trial, now in its fiftieth day, continues before the three-judge court. Gerard Hutch pleaded not guilty. Paul Murphy pleaded not guilty. Jason Bonney pleaded not guilty.

2023-01-23 · Dublin

Co-accused of man who died after violent prison cell attack is jailed

Luke Yates, aged 21, was sentenced to two and a half years in prison for attempting to impede the arrest of Robert O'Connor, aged 34, during an incident in north Dublin on 12 October 2021. Yates pleaded guilty to the offence. O'Connor, who was later convicted of unlawful possession of firearms and jailed for six and a half years, was fatally attacked 48 hours after his sentencing and died five days later. Yates had been in 23‑hour lockup since the fatal attack. The court noted Yates' prior convictions, including drug offences, hit‑and‑run, possession of a mobile phone in custody and dangerous driving, some of which were committed as a minor. The judge considered Yates' guilty plea and age as mitigating factors and imposed the sentence from the date of the offence, 12 October 2021.

2023-01-23 · Waterford

Criminal with 'no regard' for courts was on bail when he violently attacked 'Good Samaritan'

Michael Delaney, 36, was sentenced by Waterford Circuit Criminal Court in June 2022 to three years' imprisonment for assault causing harm and unlawful vehicle seizure after he violently attacked a 'Good Samaritan' who offered him a lift during a car‑jacking incident on 21 June 2021 in Kilmeaden. Delaney, who was on bail and serving a 12‑13 year driving ban at the time, dragged the injured party from his Saab, punched him repeatedly, threw him into a ditch and drove the hijacked car into parked vehicles. The assault left the victim with broken teeth, vision problems and tinnitus. Delaney's 99 prior convictions, including for dangerous driving and assault, were cited as aggravating. The judge imposed a fully‑suspended 18‑month sentence for violent disorder, while the State appealed the three sentences as unduly lenient. The case remains pending. Michael Delaney pleaded guilty.

2023-01-23 · Dublin

Judge says deterrent needed to stop people 'behaving as absolute thugs' on the streets.

Sean Norris, 22, was sentenced to four years in prison, with the final 12 months suspended, after pleading guilty to assault causing harm for striking a student on the back of the head with a bottle on 23 July 2019. The victim suffered a brain bleed and was unable to play sports for nine months. Norris, who has 23 prior convictions including four for assault, was part of a group of "absolute thugs" that attacked the victim from behind. Garda evidence included CCTV, blood on Norris's clothing and the bottle, and DNA matching the victim's blood. The judge, Pauline Codd, emphasised the need for deterrence against group violence and noted Norris's vulnerabilities, including substance addiction and mental health issues, which may have contributed to his conduct.

2023-01-23 · Galway

Woman repeatedly raped by man who gave false name on dating site

In a Central Criminal Court trial, 22‑year‑old Bajo Ziflai was found guilty of four counts of rape and one count of sexual assault against a 23‑year‑old woman he met on a dating website. He had given her a false name and arranged to meet at a house where he forced her to submit to repeated sexual violence despite her clear refusal. The victim suffered PTSD and depression, and her impact statement described ongoing flashbacks and self‑harm. Ziflai, who had no prior convictions, has been in custody since the attack. Justice Eileen Creedon sentenced him to ten years' imprisonment, suspending the final year, and ordered his placement on the Sex Offenders Register. He maintains the allegations are fabricated and refuses to apologise or accept the verdict.

2023-01-23 · Cork

Legal fees can be included as part of personal insolvency arrangements

The High Court ruled that legal fees can be included in a Personal Insolvency Arrangement (PIA). The case involved Mary and Michael Daly, who were ordered to pay €179,000 in damages and €77,000 in legal costs to Mae Rae after their two Rottweiler dogs attacked her in 2012. The Dalys, claiming insolvency, sought to enter a PIA and included the legal fees but not the damages in their proposal. Mae Rae, represented by Gerard Nicolas Murphy BL, appealed, arguing that the fees should be treated like the damages and excluded under the 2012 Personal Insolvency Act. Mr Justice Alexander Owens dismissed the appeal, agreeing that the legal fees could be included as a debt in the PIA, while noting no order was made regarding the parties' application costs. The Dalys' PIA will be considered by the Circuit Court later.

2023-01-23 · Dublin

Airport lounge manager jailed for trying to move smuggled cocaine

Jocelino De Silva, 44, a manager of the corporate lounge at Dublin Airport, was sentenced to six years' imprisonment after he helped move smuggled cocaine out of the airport. He had taken three kilograms of the drug, worth €210,000, from a toilet cubicle after Lucas Farias, 27, had brought just under 15 kg from Brazil in a suitcase. De Silva pleaded guilty at Dublin Circuit Criminal Court, while Farias admitted the importation of the 15 kg. Both men had no prior convictions and were remanded in custody since their arrests. Judge Martin Nolan noted the perceived problem of getting the drugs out of the airport and the role of De Silva's staff card in accessing secure areas. The case also involved a third man who was caught with the remaining 12 kg but has not yet been dealt with by the courts.

2023-01-23 · Kilkenny

Suspended sentence for laundering €120k must be overturned, State says

The State appealed the fully suspended 18‑month sentence imposed on Timmy O'Reilly, a 47‑year‑old "family man" from Kilkenny, for laundering over €120 000 while receiving social welfare. The Court of Appeal heard that O'Reilly had pleaded guilty to eight counts under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and was charged with 32 offences relating to €125 000 found in an Irish Life account and two credit union accounts between 2011 and 2018. Judge Cormac Quinn had originally set a headline sentence of three years' imprisonment, reduced to 18 months before suspending it entirely. The State argued that a custodial term was necessary, citing O'Reilly's 15 prior convictions and a previous suspended sentence for assault. O'Reilly's counsel contended the money was inactive, not part of a larger scheme, and that the suspended sentence was within the judge's discretion. The court reserved judgment.

2023-01-23 · Dublin

'Inside man' in €50k casino robbery walks from court

David Wright, 36, of Tallaght, South Dublin, was sentenced at Dublin Circuit Criminal Court after pleading guilty to stealing cash and €700 worth of cigarettes from the Fitzwilliam Card Club in Dublin 2 on August 13, 2018. Judge Pauline Codd described Wright, a poker dealer, as an "inside man" who betrayed his employer by providing information to individuals who carried out the robbery. Although Wright was not charged with robbery, the Judge noted he allowed his employer to be "fed to the wolves." The court heard that Wright's vehicle was used to transport the raider to the scene, and he made cash lodgements following the incident. Judge Codd acknowledged Wright's guilty plea, remorse, and rehabilitation efforts, including becoming a father and having only minor previous convictions. She imposed a four-year prison sentence, suspended on strict conditions requiring him to keep the peace and be of good behaviour. The Judge also ordered Wright to pay €1,200 immediately and a further €1,800 within six months. Wright walked out of court following the sentencing.

2023-01-23 · Dublin

Monk not expected to give evidence at Regency trial

The Special Criminal Court trial of Gerard Hutch, Paul Murphy, and Jason Bonney, who are accused of participating in the murder of David Byrne at the Regency Hotel on February 5, 2016, is nearing the conclusion of the State's case. All three defendants have pleaded not guilty to charges of providing access to motor vehicles for the attack. Prosecutors indicated they expect to close their case tomorrow, with senior counsel Fiona Murphy delivering closing submissions. Defence counsel for Hutch and Murphy stated they do not anticipate calling evidence, while counsel for Bonney confirmed his client would give evidence. The court will also rule on a challenge by Murphy regarding the admissibility of license plate evidence. The prosecution alleges that a tactical team, including three men disguised as gardaí, shot Byrne during a boxing weigh-in and escaped using vehicles, including a BMW X5 allegedly driven by Bonney. Bonney has denied involvement, claiming his father drove the vehicle that day. The matter remains at the trial stage and has not been finalised.

2023-01-23 · Ireland

Threats to resign as pay increase 'tactic' backfired but WRC finds welder was unfairly dismissed

In a January 2023 decision, the Workplace Relations Commission ruled that Anatoliy Ludchenko, a welder at Harp Renewables Ltd, was unfairly dismissed rather than having resigned. Ludchenko had repeatedly threatened to quit as a tactic to secure a pay increase, but the tribunal found he had "some level of responsibility" for the outcome. He claimed frustration over unfinished preparatory work and a lack of response from supervisor Kevin Quirke, and said he was forced to leave after Quirke told him he had resigned. The company maintained that Ludchenko had resigned, but the adjudicating officer noted the employer failed to confirm a resignation in a clear, unambiguous way. The tribunal awarded Ludchenko €19,500 in compensation for five months' pay, concluding the dismissal was unfair. The decision also acknowledged that the threat of resignation had been used by Ludchenko as a tactic to obtain a pay increase, which backfired.

2023-01-23 · Meath

Separated couple allowed write off €2.8m in debt

The High Court approved Personal Insolvency Arrangements for Bernadette and Graham Canning, a separated couple in their mid‑fifties with four children, allowing them to write off over €2.8 million of debt. The Cannings had total debts of about €3.2 million, mainly to the Bank of Ireland, after their businesses failed in the early 2000s. The arrangements, each lasting 24 months, involve selling their family home in Monknewtown to an approved housing body, with the couple renting it back. Mrs Canning will pay a €5,000 lump sum, €1,000 of which goes to unsecured creditors, and the rest covers insolvency costs. Mr Canning will contribute €18,000, with €4,000 covering PIA costs and the remainder to unsecured creditors. Six acres of forestry owned by the couple will be transferred to the Bank of Ireland and sold. The court noted that the arrangements would benefit creditors more than a bankruptcy would, and approved them without objection.

2023-01-23 · Donegal

Teen's murder 'one of the most horrifying' in Irish history, mother tells court

In the Special Criminal Court, Gerard Cruise and Paul Crosby pleaded guilty to facilitating the murder of Keane Mulready-Woods in Drogheda, Co Louth, between January 11 and 13, 2020. The court heard that Cruise admitted to dropping the victim and Crosby at the murder scene, while Crosby had prior convictions including an acquittal for attempted murder. The presiding judge, Mr Justice Tony Hunt, noted that the defendants' apologies may appear empty to the victim's family given the horrific nature of the crime. The matter was adjourned to February 13 for sentencing. The report notes that Gerard McKenna was jailed last year for four years for assisting in the clean-up of the crime scene. Cruise's previous convictions include public order matters and a burglary in 1990. The court acknowledged Crosby's early guilty plea, which entitles him to a 25 percent discount on any headline sentence, and Cruise's early guilty plea. The investigation into other individuals involved in the murder remains ongoing.

2023-01-23 · Ireland

Restaurant chain must pay former owner's son for unfair dismissal

In a January 2023 decision, the Workplace Relations Commission ordered PBR Restaurants Ltd, trading as Fish Shack Café, to pay €30,000 to Philip Hanley for unfair dismissal. Hanley, the son of the chain's founder, was dismissed after a new investor took over the firm in February 2020 and offered the Hanley family non‑voting share rights, which they refused. The company placed Hanley on unpaid layoff for four weeks before terminating his employment in August 2020, citing a genuine redundancy situation linked to the closure of two restaurants and the impact of Covid‑19. The tribunal found the dismissal procedurally unfair, criticised the HR firm handling the appeal for lack of impartiality, and upheld the unfair dismissal complaint. Hanley also sought €9,163 under the Payment of Wages Act for layoff pay, but the tribunal awarded no compensation due to pandemic‑related considerations.

2023-01-20 · Dublin

Sacked Trinity manager withdraws reinstatement bid after college seeks to question him on sex assault

Brendan Leahy, a former Trinity College facilities manager, withdrew his bid to be reinstated after the college sought to question him about a sexual assault case. Leahy had pleaded guilty in 2018 to assaulting a woman at Kehoe's Pub and received a suspended three‑month sentence, a fine, and a compensation payment. He appealed to the Dublin Circuit Criminal Court and was granted the benefit of the Probation Act in July 2021. In August 2021 he wrote to the college's HR department that the Circuit Court order meant his conviction was "disposed of". He filed an unfair dismissal claim under the Unfair Dismissals Act 1977 after being sacked in 2021. The Workplace Relations Commission hearing, held on 20 January 2023, considered evidence from the college, Leahy's barrister, and witnesses, and concluded with the adjudicator reviewing the case after a third and final hearing.

2023-01-20 · Dublin

Criminal with 98 previous convictions tells court he wants to turn life around

Kevin O'Keefe, 37, was sentenced to two and a half years in prison by Dublin Circuit Criminal Court after pleading guilty to three burglaries, two thefts, criminal damage, unlawful use of a car and dangerous driving on 15 August 2017. The offences were committed in Howth, Co Dublin, where he stole €164 worth of goods from a pharmacy, an iPad from a restaurant, car keys and a phone from a pub office, a staff member's mobile phone from behind a bar, and caused €100 worth of damage to a car at a hire company. O'Keefe, who has 98 prior convictions, told the court he wants to turn his life around and apologized to those affected. Judge Martin Nolan, noting his cooperation and admissions, imposed the custodial sentence and disqualified him from driving for two years. No victim impact statements were presented.

2023-01-20 · Dublin

'Arthur Daley' car dealer wants quashed IRA conviction declared a miscarriage of justice

Robert O'Leary, a 44‑year‑old used‑car salesman from Finglas, Dublin, had his 2020 conviction for IRA membership quashed after it was revealed that the prosecution's chief witness, Nik Kasapi, was a convicted drug dealer. O'Leary was originally jailed for three years by a Special Criminal Court after being found guilty of belonging to a group styling itself as the Irish Republican Army in August 2019. He claimed he sold a Skoda Octavia, later used in a bomb plot against a PSNI officer, and that no evidence existed against him. Following the quash, O'Leary is seeking a miscarriage‑of‑justice certificate under Section 9 of the Court of Appeal Act 2014. The Court of Appeal has adjourned the matter to February 17 for mention. O'Leary has vowed that his case will not be ignored and has called for the abolition of the Special Criminal Court.

2023-01-20 · Dublin

Drunk bank worker drove Jag into supermarket

John Fanning, 48, a bank employee from Skerries, was fined €2,000 and disqualified from driving for three years after he drove his black Jaguar into a C&T Supermarket front while intoxicated. CCTV showed him attempting to park when his foot slipped onto the accelerator, propelling the car through the shop front and into the fruit and vegetable stand. Gardaí noted he had a blood alcohol concentration of 72mg per 100ml, over three times the legal limit. No injuries were reported. The court considered Fanning's strong work history and lack of prior convictions, and deferred the disqualification until February 1 to allow him to arrange care for his elderly mother, provided he abstains from alcohol during that period. The shop owner closed the store for the day and incurred about €30,000 in repair costs, fully covered by insurance. Fanning pleaded guilty to dangerous driving and drink driving.

2023-01-20 · Waterford

Woman will not face any more jail time for manslaughter of new born

In a 2023 Court of Appeal decision, the State's appeal to increase the sentence for Caitlin Corcoran, an 18‑year‑old Waterford woman convicted of manslaughter for the death of her newborn Sophie Elizabeth, was dismissed. Corcoran had given birth in a toilet on 22 April 2018, placed the infant in a bin, and the child was later found dead. She was found guilty of manslaughter and child neglect in October 2021. Judge Eugene O'Kelly originally imposed a headline sentence of four years, reduced by nine months and suspended three years, leaving Corcoran jailed for three months (served five weeks). The Court of Appeal, led by Justice George Birmingham, upheld the original mitigation, noting Corcoran's psychological issues, cooperation with Gardaí, remorse, and lack of prior convictions. The appeal was dismissed, confirming the sentence remained unchanged. The case was described as "tragic" and "extraordinary" but the court found no basis for a harsher penalty. The unnamed woman pleaded not guilty.

2023-01-20 · Dublin

Mentally ill man who ran over partner jailed for coercive control

Samy Taib, aged 21, pleaded guilty to assault causing harm, coercive control, endangerment, driving without licence and insurance, and dangerous driving. He had previously been convicted of 22 road traffic offences. The court found the victim endured significant trauma and physical injury, including permanent foot damage. Taib's mental health, diagnosed as paranoid schizophrenia, was cited as a mitigating factor. Judge Elma Sheahan imposed a five‑year prison sentence, crediting time served in Scotland and any time already spent in custody. The final 12 months were suspended for two years, with strict conditions: probation supervision, no contact with the victim, and avoidance of her home and workplace. Taib was also disqualified from driving for six years. The case highlighted the severity of his offences and the impact on the victim's life.

2023-01-20 · Dublin

No phone evidence that Dowdall met Hutch on one proposed 'confession' date

The Regency Hotel trial continued in the Special Criminal Court with Senior intelligence analyst Sarah Skedd testifying regarding phone records. Skedd stated there is no clear evidence supporting Jonathan Dowdall's claim that he met Gerard Hutch in a Whitehall park to hear a confession about the murder of David Byrne. While a cell site potentially covering the park was used on February 7, 2016, at 3.16pm, Dowdall's phone connected to a mast in Finglas just 4.5 minutes later, suggesting insufficient time for the meeting. Skedd confirmed no records support a meeting on February 8. Dowdall, who pleaded guilty to facilitating the murder by booking a room at the Regency Hotel, was previously sentenced to four years' imprisonment. His father, Patrick Dowdall, also admitted to the facilitation offence and was jailed for two years. Gerard Hutch, 59, of Clontarf, Dublin 3, and co-accused Paul Murphy, 61, of Swords, and Jason Bonney, 52, of Portmarnock, have all pleaded not guilty to participating in or contributing to the murder of Byrne by providing access to motor vehicles on February 5, 2016. The defence, led by Brendan Grehan SC, challenged Dowdall's credibility, arguing his account was inconsistent with the digital evidence presented by the State.

2023-01-20 · Dublin

Child sentencing practice 'crying out for legislation,' Urantsetseg Tserendorj case hearing told

The Central Criminal Court heard submissions in the case of an unnamed boy, now 17, who was 14 when he murdered Mongolian national Urantsetseg Tserendorj on January 20, 2021. The boy pleaded not guilty to the murder but guilty to manslaughter on January 29, 2021. The State did not accept his plea, and he twice stood trial for her murder. A reduced panel jury found him guilty of murder by a majority verdict of 10 to one after eight hours and 59 minutes of deliberations. He also pleaded guilty to producing a knife and attempting to rob Ms Tserendorj on a walkway between George's Dock and Custom House Quay in the IFSC, Dublin on January 20, 2021. Mr Justice Tony Hunt adjourned the sentence hearing until next month to allow him time to consider the options available to him. The judge raised concerns about the lack of statutory basis for sentence reviews in cases involving minors, noting that the Court of Appeal has ruled that suspended sentences cannot be imposed on minors. The matter was adjourned and never described as concluded or finalised.

2023-01-20 · Ireland

Not in a decade of Sundays: worker left short on premium pay since 2007

Krzysztof Cender, a worker for Onsite Facilities Management Ltd since March 2007, was awarded €16,692 in compensation after the Workplace Relations Commission found that the company had failed to pay him a Sunday premium for over thirteen years. Cender had worked every Sunday as part of his routine but had not received any extra pay. He first raised the issue in 2014 with director Catherine Leen and an HR officer, who told him he was not entitled to a premium. No reference to a Sunday premium appeared in any subsequent correspondence. The company admitted the omission was an oversight and rectified it in April 2022, after Cender lodged a complaint. The adjudicator ruled that the employer had an ongoing duty to compensate employees working Sundays, and awarded Cender six months' pay, with the company ordered to update its contract to include the premium clause by mid‑February.

2023-01-20 · Dublin

Trinity manager claims he was unfairly sacked from €120k-a year job after bosses heard of sex assault

A former senior manager at Trinity College Dublin, Brendan Leahy, claims he was unfairly dismissed from his €120,000-a-year post after the university learned that he had pleaded guilty to sexually assaulting an American tourist in 2018. The Workplace Relations Commission is hearing his complaint under the Unfair Dismissals Act 1977. Leahy was given a suspended three‑month sentence by Dublin District Court, required to complete a sex offenders course and pay a fine and compensation. He appealed to Dublin Circuit Criminal Court and received the benefit of the Probation Act in August 2021. Trinity placed him on paid leave and launched an investigation in August 2021, following a second allegation of sexual harassment from a former employee, Ms X, who accused him of miming oral sex at a karaoke party. Leahy argues the investigations were procedurally flawed and pre‑determined, citing the Probation Act order as a basis for dismissal of his conviction.

2023-01-19 · Dublin

Regency accused claims dad was driving his jeep on day of attack

The Special Criminal Court trial of Gerard Hutch, Paul Murphy, and Jason Bonney, all accused of participating in the murder of David Byrne at the Regency Hotel in February 2016, continues before Ms Justice Tara Burns. All three defendants have pleaded not guilty to charges including providing access to motor vehicles and facilitating the offence. Today, defence counsel for Mr Bonney stated it is their case that his father, not Mr Bonney, drove the BMW X5 alleged to have been used in the attack. Prosecution evidence from Garda Michele Purcell and Senior Intelligence Analyst Sarah Skedd detailed vehicle movements, including a Toyota Avensis taxi driven by Mr Murphy and the BMW X5, which allegedly transported a man in a flat cap from the scene. The court also heard evidence regarding Jonathan Dowdall, a former co-accused who turned State's witness. Mr Dowdall, a former Sinn Fein councillor, previously pleaded guilty to facilitating the murder by making a hotel room available and was sentenced to four years' imprisonment. His father, Patrick Dowdall, also pleaded guilty to the same facilitation charge and was jailed for two years. The trial will continue tomorrow with further evidence from Ms Skedd.

2023-01-19 · Dublin

Man jailed for sexually assaulting asylum seeker appeals conviction after 'significant' material discovered on her phone

In a Court of Appeal hearing on 19 January 2023, the defence of a 56‑year‑old man jailed for sexually assaulting an asylum seeker argued that new material discovered on the victim's phone could have altered the trial. The victim, who had sought asylum in November 2017 to avoid an arranged marriage, had previously claimed she had not researched immigration or marriage rules before arriving in Ireland. However, her phone records showed searches for immigration, residency, marriage and visa rules in 2016, the year before her arrival. The defence also highlighted searches for sexual topics such as oral sex, AIDS and contraceptives, and messages congratulating her on a ceremony held at a Dublin mosque on 1 December 2017, which the state said were merely potential and not substantive. The court was instructed to reserve judgment on the impact of this new evidence. The case remains at the appeal stage. The unnamed 56-year-old pleaded not guilty and was convicted.

2023-01-19 · Galway

Farmer said 'I can't deal with this' and grabbed shotgun after running over aunt, trial hears

In a Central Criminal Court hearing, farmer Michael Scott, aged 58, is accused of murdering his 76‑year‑old aunt Christine Treacy after a long‑running land dispute. The prosecution alleges that Scott deliberately ran over Treacy with his agricultural teleporter outside her home in Derryhiney, Portumna, on 27 April 2018. Witness Francis Hardiman, a neighbour and cousin of Treacy, testified that after the incident Scott was hysterical, crying and shouting "I can't deal with this" and that he later grabbed a double‑barrel shotgun from his jeep. Hardiman described Scott's emotional state and the scene where Treacy's body was found lying face‑down on concrete near the teleporter, with tyre marks on her trousers. The defence maintains that Treacy's death was a tragic accident, while the prosecution seeks a murder conviction based on intent. The trial continues before Justice Caroline Biggs and a jury of fifteen. Michael Scott pleaded not guilty.

2023-01-19 · Dublin

Man with 113 previous convictions jailed after high speed chase

Kenneth Williams, a repeat offender with 113 prior convictions, pleaded guilty in Dublin Circuit Criminal Court to dangerous driving, endangerment, driving without insurance and property damage after a high‑speed chase in November 2019. He was sentenced to four years' imprisonment and a four‑year driving disqualification. The judge noted Williams' dangerous conduct, the threat he posed to the public and Gardaí, his drug problems and the fact he was already serving a lengthy sentence. The court heard that Gardaí pursued Williams in an unmarked car after he fled a petrol station incident, driving through red lights, a T‑junction and a roundabout, and attempting to ram a Garda vehicle. He was eventually apprehended after a chase involving air support and a stinger. Williams, who represented himself, claimed he was under the influence of drugs at the time.

2023-01-19 · Dublin

Jail over violent quays assault

Christopher Kearney, 36, of Isaacs Hostel, pleaded guilty in Dublin Circuit Criminal Court to assault causing harm to Anthony O'Toole at Aston Quay on 21 January 2022. The assault, captured on CCTV from a Dublin Bus, was described by Judge Martin Nolan as "particularly violent" and followed a dispute between the men. Garda Eric Downey reported that the pair had earlier attracted police attention during a disagreement, claiming they were friends, before walking toward Ha'penny Bridge. Later, Gardaí found O'Toole unconscious, bleeding from nose, mouth and head, with facial injuries; he was taken to hospital but discharged himself and did not cooperate with the investigation. Kearney received a 16‑month prison sentence, with no victim impact statement submitted. He has 77 prior convictions, including theft and violent behaviour, and is homeless, on a social housing waiting list, and engaged with drug‑difficulties services.

2023-01-19 · Dublin

'Like a nightmare on repeat': man repeatedly attacked, sexually assaulted partner

Derek Reid, 35, of Clonliffe Road, Dublin 3, was jailed for five and a half years after repeatedly attacking, degrading and sexually assaulting his then partner over a six‑day period in March 2018. He slapped her, choked her, head‑butted her, dragged her by the hair, sat on her chest and forced her to give him oral sex while threatening her family. He also held her in her flat against her will, threatened to make her son go missing and defecated on her bed. Reid pleaded guilty to two counts of sexual assault and to false imprisonment. The court imposed concurrent sentences of six and a half years for the sexual assaults, suspending the final year, and five and a half years for the false imprisonment, with conditions to keep the peace, attend drug and alcohol treatment and remain drug‑free. The victim described the ordeal as a "nightmare on repeat.".

2023-01-19 · Dublin

Real estate giant ordered to pay worker €78k after 'serious contravention' of TUPE agreement

A Workplace Relations Commission official found that CBRE GWS (Ireland) Ltd had committed a 'serious contravention' of a TUPE agreement by reducing Aideen O'Regan's redundancy package from six weeks' pay per year of service to the statutory minimum. O'Regan, who had worked for Thompson Reuters since 1995 and transferred to CBRE in 2015, was due an enhanced redundancy package under the TUPE agreement. However, the company relied on a UK-based agreement that included a five-year cap on the enhanced redundancy terms, which did not apply to Irish employees. O'Regan was informed of the reduction in her redundancy package in 2020 and objected, citing the terms of the TUPE agreement. The tribunal upheld her complaint under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, but rejected her parallel complaint under the Unfair Dismissals Act 1977.