Court archive

Court reports from 2023

2023-01-12 · Dublin

Man jailed for raping daughter (6)

A 30‑year‑old Dublin man was jailed for six and a half years after pleading guilty to one count of oral rape of his six‑year‑old daughter between February 2019 and February 2020. He also pleaded guilty to two counts of possession of child sex abuse material on his home on 7 December 2019. The Central Criminal Court, presided over by Ms Justice Mary Ellen Ring, described the offence as a "fundamental breach of trust" and noted that the victim's bodily integrity and safety were violated. Gardaí seized phones during a May 2020 search of the family home, revealing videos of child sex abuse material and a scene of the man helping another person to engage in a sex act with an animal.

2023-01-12 · Dublin

Kwok Ping Cheng murder trial delayed due to technical issue

The trial of 24‑year‑old Oliver Doran, charged with the murder of 76‑year‑old Kwok Ping Cheng in his own flat in Robinson's Court, was postponed on 12 January 2023 because of a minor technical issue. Doran, who lives at Sophia Housing, Cork Street, pleaded not guilty. The case was scheduled to start at the Central Criminal Court that day, but Mr Justice David Keane informed the jury that the prosecution would not open its case due to the technical difficulties. He instructed the jury not to research the case or discuss it outside the courtroom and to base their decision solely on the evidence presented. The trial was rescheduled to begin the following day at 11 a.m. The State's case is presented by Anne‑Marie Lawlor SC, while Michael Bowman SC represents the defence. The trial is expected to last about three weeks.

2023-01-12 · Dublin

'No further steps' in Regency trial in relation to disclosure of 'curious' document

The Special Criminal Court heard that no further steps will be taken regarding a 'curious' document disclosed to the defence in the Regency Hotel murder trial. Prosecution counsel Sean Gillane SC stated the matter requires investigation, while defence counsel Brendan Grehan SC noted it must wait for another day. Gerard Hutch, 59, denies the murder of David Byrne on February 5, 2016. Co-accused Paul Murphy and Jason Bonney, both pleading not guilty to facilitating the murder by providing vehicles, face a ruling tomorrow on the admissibility of CCTV footage. Murphy's defence argued the footage breached privacy rights under the Data Protection Act, while the prosecution contended it was manifestly relevant and admissible. The court also heard evidence from Inspector Padraig Boyce regarding a coordinated operation that seized AK-47 rifles from Shane Rowan and searched the home of Jonathan Dowdall. Dowdall, who pleaded guilty to facilitating the murder by making a hotel room available, was sentenced to four years imprisonment. His father, Patrick Dowdall, also pleaded guilty to the same facilitation charge and was jailed for two years. Both men had previously been sentenced for the false imprisonment of Alexander Hurley, with sentences later reduced on appeal. The trial continues before Ms Justice Tara Burns.

2023-01-12 · Ireland

Enoch Burke cannot ask for protection of courts while ignoring court order, school says

Teacher Enoch Burke is challenging a disciplinary process at Wilson's Hospital School, seeking an injunction to halt proceedings that could lead to his dismissal. The school argues the application is premature and that Burke lacks "clean hands" due to his refusal to comply with a court order to stay away from the premises. Burke was previously incarcerated for 108 days for contempt of court after breaching this order. He was released from prison before Christmas without purging his contempt, but was warned by Mr Justice Brian O'Moore that he faced the prospect of being jailed again if he continued to act contrary to the order. Counsel for the school submitted that Burke cannot seek the protection of the courts while ignoring a court order that does not suit him. The school also denied allegations that board chairman John Rogers lied in a sworn statement regarding a board meeting. Mr Justice Conor Dignam reserved his decision on the injunction, with judgment expected early next week. A separate application brought by the school, arising out of Mr Burke's refusal to comply with a court order to stay away from the school while he is suspended, has been adjourned to next week. The school seeks a court order sequestering or removing Mr Burke's assets from him, due to his alleged ongoing contempt of a High Court order granted in September.

2023-01-12 · Kildare

Boxer says pro career was ended when hand crushed by digger

Roy Sheahan, a former professional boxer, says his career ended after a January 2020 accident when a digger bucket crushed his left hand on a Dublin construction site. He claims the injury left him with seven pins, two broken bones, and damaged ligaments, preventing him from boxing. Sheahan returned to work in September 2020 but was assigned heavy lifting duties, which he alleges forced him to resign. He has filed a constructive dismissal claim against Kendra Civil Engineering Ltd and Kendra Plant Hire Ltd, arguing the employer failed to provide lighter duties despite a doctor's recommendation. The tribunal heard Sheahan's correspondence with the employer, his medical reports, and statements from the company's director and safety manager. The case is pending a written decision.

2023-01-11 · Ireland

Heated exchanges as Enoch Burke's bid to halt disciplinary process opens

Heated exchanges occurred at the High Court on Wednesday evening during a hearing of Enoch Burke's application for an injunction to halt disciplinary proceedings against him. Mr Burke, a teacher from Wilson's Hospital School in County Westmeath, seeks to prevent the school from continuing a disciplinary process that could result in his dismissal. The proceedings were marked by animated exchanges between Mr Burke, his sister Ammi, his mother Martina and Mr Justice Conor Dignam when the judge indicated he would adjourn at approximately 4pm. Mr Burke expressed concern that critical submissions on disputed evidence would remain unheard. Mr Justice Dignam rejected criticisms from the Burke family, clarifying that only Mr Burke had a right of audience and that no findings would be made regarding allegations at this stage. The judge accepted the urgency of the matter and agreed to commence proceedings at 9:30am on Thursday to allow Mr Burke to conclude his submissions before hearing the school's response. A separate contempt application has been adjourned to the following Tuesday.

2023-01-11 · Dublin

Former Terenure College rugby coach admits abusing boys

John McClean, a former rugby coach and teacher at Terenure College, admitted to indecently assaulting two boys during the 1980s. He pleaded guilty to four counts of indecent assault, each involving two separate incidents, committed between 1981 and 1983 and again between 1987 and 1988. The court remanded him in custody for sentencing on February 23. McClean also faces 49 additional counts of alleged sexual assault involving 20 former students, which will be addressed at a later hearing. The sentencing may last up to two days.

2023-01-11 · Dublin

Dad who was threatened he'd be killed in front of child is jailed for holding drugs

Shane Finn, 24, of Killinarden Estate, Tallaght, was sentenced to two years' imprisonment for possessing €74,000 worth of cannabis at his home on 17 July 2021. Finn pleaded guilty to the offence of possession for sale or supply. He claimed he was coerced by masked men who threatened to kill him and to have his brother "cut up in prison" if he did not hold the drugs. The court heard that Finn was on bail for a previous drug offence when the cannabis was seized during a separate robbery investigation involving his brother, Jamie Finn. Finn admitted responsibility for the drugs, stating he had no knowledge of their quantity and had been forced to keep them. The judge noted the coercion but held Finn liable for breaking the law, and rejected a second suspended sentence, imposing a custodial term of two years.

2023-01-11 · Cork

Man goes on trial accused of murdering pensioner Kwok Ping Cheng

A 24‑year‑old man, Oliver Doran, is on trial for the murder of 76‑year‑old Kwok Ping Cheng in the victim's flat on Cork Street, Dublin, in 2021. Doran pleaded not guilty. The case is being presented by Anne‑Marie Lawlor SC for the State and defended by Michael Bowman SC. Mr Justice Paul McDermott set the trial for two weeks, possibly a third, and thanked the jury for their participation. The trial will begin tomorrow at 2 pm before Mr Justice David Keane with a jury of nine women and three men.

2023-01-11 · Wicklow

'People are suffering': Judge criticises 'intolerable' delay in psychiatric reports

In a High Court hearing on 11 January 2023, Mr Justice Paul McDermott criticised the Central Mental Hospital for its delayed preparation of a psychiatric report concerning Bahaalddin Alshwawrah, a 43‑year‑old man charged with murdering his partner Zeinat Bashabsheh, aged 42, on 24 December 2021 at their shared residence in Enniskerry, Co. Wicklow. The judge described the delay as "intolerable" and warned that reports unavailable for months hinder proper court business. He urged the State to ensure the hospital has adequate resources and to set a definitive date for the report's completion. The judge noted that several trials were scheduled but none were ready to proceed, and that the case had been pending for a year. The matter was rescheduled for 7 February 2023. The judge's remarks highlighted the need for timely psychiatric assessments in criminal proceedings.

2023-01-11 · Dublin

'Curious development' in Hutch trial

The Special Criminal Court heard a "curious development" in the ongoing trial of Gerard Hutch, who denies murdering David Byrne at the Regency Hotel in February 2016. Prosecution counsel Sean Gillane SC apologized for a delay caused by a newly disclosed document and the unavailability of a garda witness, estimating the trial would conclude in two weeks. Co-accused Paul Murphy and Jason Bonney, who pleaded not guilty to facilitating the murder by providing vehicles, remain on trial. Jonathan Dowdall, a former State's witness who pleaded guilty to facilitating the offence by booking the hotel room, was previously jailed for four years. His father, Patrick Dowdall, was jailed for two years for the same facilitation charge. The court heard evidence regarding CCTV footage harvesting, with the trial set to continue before Ms Justice Tara Burns and colleagues. The prosecution alleges Kevin Murray, who died in 2017, was the shooter, while Dowdall testified that Hutch admitted to the killing. Defence counsel Brendan Grehan SC challenged Dowdall's credibility, citing phone data inconsistencies regarding alleged meetings.