Court archive

Court reports from 2024

2024-06-17 · Dublin

Money mule discharged from indictment after €31k in fraud cash sent to account

Ogaga Ogheneyoma, aged 17 when €31,842 was transferred into his AIB account as part of an invoice redirect fraud, pleaded guilty to handling the proceeds of crime on 19 November 2018. The Dublin Circuit Criminal Court, hearing in 2024, noted he was now 22, a fourth‑year accounting student at TU Dublin, living with his parents in Lucan and working part‑time. Judge Orla Crowe applied Section 100 of the Criminal Justice Act 2006, imposing a €500 fine and a deferred 12‑month sentence, citing his youth, lack of prior convictions and significant progress since the offence. After paying the fine and avoiding any Garda attention, the court discharged him from the indictment. The case was originally uncovered when AIB reported fraudulent activity, and Gardaí found the money had been diverted from Universal Forest Products, a US company. Ogheneyoma's probation report placed him at low risk of reoffending and no supervision was required.

2024-06-17 · Galway

Survivor wants to be 'support and advocate for victims of sexual violence' after attacker convicted

Bláthnaid Raleigh, a 21‑year‑old from Mullingar, was raped with a bottle by Jonathan Moran, a 26‑year‑old acquaintance, in a garden shed in Galway on 21 July 2019. Moran was convicted by a Central Criminal Court jury of section four rape and aggravated sexual assault for penetrating her vagina and anus with a bottle. He denied using an implement and claimed the activity was consensual. Raleigh, who suffered extensive physical injuries requiring months of treatment, read her victim impact statement and said the conviction allowed her to use the word "rape." She expressed a desire to become a support and advocate for other victims of sexual violence, thanking the Rape Crisis Centre and Gardaí for their help. The court remanded Moran in custody until 1 July for sentencing. No further sentencing details are provided in the article.

2024-06-17 · Ireland

Couple challenge decision to inform Garda vetting bureau of abuse allegations

A couple who have fostered children have taken the High Court to challenge a notification by the Child and Family Agency (CFA) that they may pose a risk to children and vulnerable persons. After a foster placement ended last year, the CFA informed the couple that it was starting the first stage of its Child Abuse Substantiation Procedure, which involves assessing whether allegations against them have been substantiated. The couple were also told that the CFA had notified the Garda Vetting Bureau of the allegations, including child abuse. The couple deny any wrongdoing and claim they were not given details of the allegations. Their lawyers question the CFA's authority to notify the Vetting Bureau before the first stage of the procedure is complete. The CFA says it acted on bona fide concerns and its legal obligation under national vetting laws, but the couple argue that the notification is unlawful, invalid and outside statutory authority.

2024-06-17 · Dublin

Airport security whistleblower drops penalisation claim

Matthew Butterly, a former training manager with over twenty years in the Airport Police and Fire Service, filed a statutory complaint under the Protected Disclosures Act 2014 alleging he was penalised after reporting that Airport Police were misusing emergency protocols to bypass security screenings. A Workplace Relations Commission adjudicator ruled that aspects of his complaint were out of time, leading Butterly to withdraw the claim. The DAA denied all allegations of penalisation, stating that the three acts alleged were statute‑barred and that the remaining two involved later complaints and an investigation meeting over internal messaging posts. Butterly had sought an un‑redacted investigation report and a pay review, both of which the DAA said were not granted. The unfair dismissal complaint remains pending, while the protected disclosures complaint has been withdrawn.

2024-06-15 · Dublin

22-year-old admits to murder at pre-trial hearing

Owen Maughan, 22, pleaded guilty at the Central Criminal Court to the murder of Christopher Hall, 65, at his home in Dun Saithne Green, Balbriggan, Co Dublin. The single charge on the indictment alleged that Maughan murdered Mr Hall between November 23 and 24, 2021. Although the pre-trial hearing before Mr Justice Paul McDermott was scheduled to last two and a half weeks, Maughan indicated his wish to be arraigned and entered a guilty plea during the proceedings. The prosecution was led by senior counsel Garret Baker, while Philipp Rahn SC headed the defence team. Following the plea, the judge directed the preparation of a victim impact report. Maughan was remanded in custody until July 8, when it is expected that he will be sentenced to the mandatory term of life imprisonment. The court did not impose a final sentence at this stage, but rather adjourned the matter for sentencing after the report is completed.

2024-06-14 · Ireland

Woman secures order requiring brother to return mother to nursing home

In a High Court hearing on 14 June 2024, Mr Justice Mark Sanfey granted a woman orders to compel her brother to return their elderly mother to the nursing home where she had been resident for several weeks. The woman, who holds formal power of attorney, alleged that her brother had removed the mother from the facility using force, attempted to change the locks on the family home, and made unexplained withdrawals from the mother's bank accounts and used her credit card. She also claimed that the brother was trying to gain access to the mother's finances and home. The judge ordered the brother to return the mother to the nursing home, restrain him from removing her from any facility, and prevent interference with her ongoing care and medical treatment. The orders were granted ex‑parte and remain in force pending further court action. The parties are not identified for legal reasons.

2024-06-14 · Dublin

Solicitor fails in bid to overturn €30k damages award for actively misleading woman over property transfer

The Court of Appeal dismissed a solicitor's appeal against a €30,000 aggravated damages award to an elderly widow, Marie Gibson, who was defrauded of her home by her daughter Pauline Gibson. The High Court had found that Pauline forged signatures and transferred the property to herself in 2003, then secured a €190,000 mortgage from First Active Building Society. Marie and her husband were not properly advised and were unaware of the transfer. The solicitor, Kevin O'Gorman, who represented both parties, was ordered to pay Marie €5,000 compensatory damages and €30,000 aggravated damages for negligence and active misdirection. The Court of Appeal confirmed no legal error in the High Court's decision and rejected the solicitor's appeal, noting the evidence supported the aggravated damages award. The case remains in the estate of the deceased plaintiff.

2024-06-14 · Dublin

Victim sought help from two-day ordeal by typing 'I was raped' into Google translate

A 65‑year‑old man was jailed for seven years after sexually assaulting and raping a 25‑year‑old housemate who had recently arrived in Ireland and spoke no English. The assault began on 19 October 2022 when the man touched the woman, forced her to touch him, and pulled her trousers down. She fled to her room and stayed there for two days, fearing the man. On 21 October he forced his way into her room, took her to his bedroom, and raped her. She escaped, used Google Translate to type "I was raped," and was rescued by Gardaí. DNA from a swab matched the accused. The court heard the victim was physically unwell for three months, homeless, and deeply affected. The judge set a headline sentence of eight years and six months for the rape, imposed concurrent sentences totalling seven years back‑dated to October 2022, and ordered three years of post‑release supervision. The unnamed 65-year-old pleaded guilty.

2024-06-14 · Waterford

11.5 years for man who brutally raped stepdaughter

A 41‑year‑old man was sentenced to 11½ years' imprisonment for raping his 12‑year‑old stepdaughter on four occasions in 2014. The abuse occurred in the family home in the south‑east of the country, with the victim being in her bed on three occasions and on the floor of a sibling's room on one occasion. After the second incident she told her mother, but the stepfather continued to assault her, including on Christmas Eve. He put his hand over her mouth, bit her breasts and pulled her hair, leaving clumps on her pillow. A jury found him guilty of three counts of rape, two counts of anal rape and one count of sexual assault. He denies the abuse and intends to appeal. The sentence was reduced from an initial headline of 13½ years to 11½ years, backdated to his March 2024 arrest. The court noted the victim's vulnerability and the brutality of the offences.

2024-06-14 · Dublin

Suspended sentence for English language student who sexually assaulted landlady (79)

An English‑language student, aged 24, pleaded guilty in Dublin Circuit Criminal Court to one count of sexually assaulting his 79‑year‑old landlady in her Dublin home on the night of 17 March 2023. The court heard that the student, who had recently arrived from Asia and had lived in Ireland for only three weeks, had been out socialising and had drunk alcohol for the first time, consuming six pints of beer. He entered the landlady's bedroom, climbed into her bed, pressed his body against her and rubbed her thighs. She woke, discovered him, shouted for him to leave, alerted other lodgers, called her daughter and Gardaí, and he was arrested. He spent six weeks in custody before being granted High Court bail. The judge, citing the breach of trust and the student's cooperation, remorse and lack of prior convictions, imposed an 18‑month sentence, suspended on conditions.

2024-06-14 · Cork

Visually-impaired man 'publicly humiliated' by bus refusal wins discrimination claim

Kenneth Walsh, a visually‑impaired man, was denied boarding a Bus Éireann coach with his guide dog on 26 June 2023, forcing him to take a taxi to a medical appointment. The driver, who had mistaken the coach for a double‑decker, claimed no space for the dog and told Walsh that it was not his problem. Walsh's bus was almost empty, and he had to leave the vehicle after the driver refused to accommodate him. The taxi lacked card facilities, so Walsh had to withdraw cash from an ATM, giving his PIN to the driver, which he described as extremely stressful. The Workplace Relations Commission found the driver's conduct unreasonable and discriminatory. Bus Éireann apologized, offered reimbursement, and the tribunal awarded Walsh €4,000 in compensation for the distress and inconvenience caused.

2024-06-14 · Ireland

Enoch Burke asks for 'gravely flawed' order unpinning his incarceration to be set aside

Teacher Enoch Burke, the applicant, appeared before the High Court in an appeal regarding his ongoing incarceration at Mountjoy Prison. Mr. Burke was jailed last September for his deliberate failure to comply with a permanent injunction restraining him from attending Wilson's Hospital School in Co Westmeath. He asked the court to set aside the order, alleging it was flawed and breached his constitutional rights. Mr. Justice Mark Sanfey noted that the normal course for challenging a High Court judgment is an appeal to the Court of Appeal, and he was not prepared to consider the application immediately. The judge adjourned the application to a date in June and established a timetable for the exchange of legal documents. Mr. Burke remains in custody, having indicated he is not prepared to purge his contempt by agreeing to stay away from the school. The school's counsel stated they would not object to his release during the holidays without him purging his contempt, but the judge maintained that court orders must be obeyed. The matter was adjourned, and no final determination was made on the application to set aside the order.

2024-06-14 · Ireland

Woman and partner jailed for a combined 33 years for rape and abuse of children to remain behind bars

In a Court of Appeal decision on 14 June 2024, a 41‑year‑old woman and a 53‑year‑old man were confirmed to remain imprisoned for a combined 33 years after convictions for rape, sexual abuse and related offences against their five‑year‑old daughter and three‑and‑a‑half‑year‑old son. The convictions, originally handed down by the Central Criminal Court in November 2022, were upheld despite the appeal. Justice Tara Burns criticised the eight‑year delay between the children's 2016 interviews with specialist Gardaí and the 2022 trial, calling it "truly shocking" and urging all authorities involved in child sex cases to act more expeditiously. She rejected the appeal's arguments that the delay or the use of leading questions in the interviews should have precluded the trial, affirming that the interviews were admissible and that the children were competent witnesses. The appeal court therefore maintained the original sentences and the case remains in custody.

2024-06-14 · Dublin

Brothers accused of discharging assault rifle in residential area face non-jury trial

Two brothers, Glen Ward, 31, and Eric O'Driscoll, 22, are charged with possession of firearms and reckless discharge of an assault rifle in the Finglas area of north Dublin in January 2022. Ward is accused of possessing a .223 Remington AR‑15 semi‑automatic rifle on 1 January 2022 at Ratoath Drive and of discharging it recklessly. O'Driscoll faces the same charges as Ward plus additional allegations of possessing a .223 Remington AR‑15 on 9 January 2022 and a .380 ACP calibre military submachine gun, the Ingram M11, on the same date. The offences contravene the Firearms and Offensive Weapons Act 1990 and the Firearms Act 1964. The Director of Public Prosecutions applied to transfer the trials to the non‑jury Special Criminal Court, and Mr Justice Tony Hunt granted the application. The brothers will appear before the court at a later date.

2024-06-14 · Dublin

Templeogue College principal makes u-turn on giving evidence at WRC hearing

The principal of Templeogue College, Niamh Quinn, has decided not to appear as a witness at the Workplace Relations Commission hearing. She will not call any witnesses, including herself, to counter claims of student indiscipline and allegations that she penalised former part‑time Spanish teacher Jennifer Clancy for naming her in a collective grievance. Clancy has accused the school of whistleblower retaliation, citing changes to her timetable that disrupted childcare arrangements. The school's barrister, Rosemary Mallon BL, had previously indicated that Quinn would deny the allegations and claim she did not target Clancy. The tribunal will now hear evidence from the independent chairman of a grievance panel that rejected Clancy's complaint in November 2022, followed by closing arguments. The hearing continues with the principal's decision to abstain from testifying.

2024-06-14 · Dublin

Violent criminal guilty of conspiring to pervert course of justice during garda killer's trial

A violent thug, Dean Byrne, aged 30, was convicted by the Special Criminal Court of conspiring to pervert the course of justice during Aaron Brady's murder trial of Garda Adrian Donohoe. Byrne, already serving an 18‑year sentence with four suspended for a 2013 burglary, conspired with Brady to dissuade key witness Daniel Cahill from giving evidence. Byrne attempted to contact Cahill's family and persuaded a former housemate of Cahill's father to pressure Cahill, repeatedly urging him not to testify. He also circulated excerpts of Cahill's statement to a third party. Brady, aged 33, had previously pleaded guilty to sending a video of a witness interview to Gardaí. The court found the conspiracy intended to interfere with the trial and adjourned Byrne's sentencing to 15 July. The hearing for Brady is scheduled for the same date.

2024-06-14 · Dublin

Taxi driver guilty of raping female passengers

In a Central Criminal Court trial, Raymond Shorten, 50, of Clondalkin, was found guilty by a unanimous jury of two counts of rape and one of anal rape against two young female passengers. The jury deliberated for 76 minutes after hearing evidence that the women, aged 19 and 20, had been in Shorten's taxi following nights out in Dublin city centre in June and August 2022. Both women testified that they were raped in the back of the taxi, describing loss of memory, shock and physical injury. Shorten denied the allegations, claiming the encounters were consensual, and provided written statements supporting this view. The prosecution presented CCTV footage, forensic DNA evidence, and testimony from other women who said they had consensual sex with Shorten in his taxi. The judge thanked the jury, excused them from service for five years, remanded Shorten in custody for sentencing on 1 July, and ordered victim impact statements. Raymond Shorten pleaded not guilty.

2024-06-13 · Dublin

Convicted murderer slashed prison officer's face during escape bid

In a June 2024 hearing, a convicted murderer, Graham McEvoy, 26, pleaded guilty to assaulting a prison officer outside Swiftcare clinic in Smithfield on 8 May 2023. McEvoy, who had just had an X‑ray and was released from handcuffs to sit in a waiting van, lunged at officers, shouting threats and slashing the officer's face with a sharpened toilet brush. He also faced charges of threats to kill and attempting to escape lawful custody. Judge Pauline Codd sentenced him to four years' imprisonment, noting she could not impose a consecutive sentence to his life term for murder. The officer sustained a cut under his eye, received hospital treatment, and was left with a scar. McEvoy had spent a period in 24‑hour lock‑up after the assault and has 32 prior convictions. The court heard that McEvoy had expressed remorse and was receiving psychiatric care in prison.

2024-06-13 · Dublin

American tourists attacked, threatened with rape and murder, in Dublin city centre hotel

In a Dublin Circuit Criminal Court hearing, Sean Dunne, 26, pleaded guilty to two counts of assault causing harm after attacking a couple of American tourists in their sixties in the elevator of the Ashling Hotel on 7 April 2023. Dunne repeatedly punched the woman, threatened her with rape and murder, and struck her husband, causing bloodshed in the elevator. Garda Stephen Lawlor, on mobile patrol, responded to a call after 9 pm, found Dunne restrained on the corridor floor, and noted blood on the carpet. The couple received on‑scene treatment but did not require hospital care. Dunne, who has ten prior convictions and was diagnosed with schizophrenia in 2020, denied the assault. He has been in custody since April 2023, is on medication, and has shown improved mental health. Ms Justice Sarah Berkeley ordered a probation report and adjourned the matter until October 2024.

2024-06-13 · Ireland

WRC rejects Indian Embassy immunity claim, rules in favour of chauffeur

Adrian Taranu, a chauffeur for the Indian Embassy, claimed he was denied full holiday entitlements and forced to work 12‑14‑hour shifts. He alleged that he frequently worked longer hours than his contract allowed and was denied a full 11‑hour rest break between shifts. Taranu provided six examples of his working patterns in October and November 2022, including a 12‑hour shift ending at 11 pm on 17 October and a 12‑hour shift ending at 10 pm on 16 November. He also claimed that the Embassy calculated his annual leave at 21 days instead of the statutory four working weeks and that he was only given Indian public holidays. The Embassy declined to attend the WRC hearing and claimed diplomatic immunity under the Vienna Convention.

2024-06-13 · Ireland

Munster Abuse Case: State argues jail sentences were too low

The State argued that the nine‑to‑15‑year sentences imposed on three family members in the Munster abuse trial were too lenient. The father (59) received 15 years for rape, sexual exploitation, assault and child cruelty; the mother (37) received nine years for assault, exploitation and cruelty; the uncle (51) received 15 years for rape, assault and exploitation. The offences occurred between August 2014 and April 2016 when the victims were aged five, six and seven. The State cited the "astonishing features" of the case and the headline sentences of 16 years for the father and uncle, arguing the court should have considered the seriousness at the top level. The judge noted the lack of mitigation despite no prior convictions, and the court was to reserve judgment. The children were taken into state care after the trial. The article reports the State's appeal before the Court of Appeal.

2024-06-13 · Ireland

Construction firm employee claims unfair dismissal in wake of alleged insubordinate email

In a preliminary hearing before the Workplace Relations Commission, Brendan Burke, a senior project manager at Bretland Construction Ltd, claimed he was unfairly dismissed after sending a mass email to nearly 40 staff. Burke says he was told to apologise and accept a demotion, with a threat that failure to sign would result in dismissal. He asserts the company denies dismissal and insists he resigned on 15 November 2023, the day after the email. Burke seeks €20,000 for loss of earnings and alleges unpaid deductions. The company, represented by Jerry Lane, argues Burke committed major misconduct, citing the email as harassment and insubordination, and claims Burke declined to sign the apology letter. The tribunal is considering the burden of proof under the Unfair Dismissals Act 1977, with no decision yet made. The case is scheduled for further hearing in September.

2024-06-13 · Dublin

Man admits producing 'homemade shank' during city centre attack

A 32‑year‑old man, Graham McGuinness, admitted in a brief hearing that he produced a "homemade shank" and caused serious harm to Martin Reilly during an attack in Dublin City Centre on 11 June 2020. He pleaded guilty to the charge of causing serious harm, and the plea was accepted by the Director of Public Prosecutions. Justice Karen O'Connor adjourned the case to 19 July to hear evidence before sentencing. The judge ordered a prison governor's report, an education report and a urinalysis. Mr Reilly was invited to give a victim impact statement before sentencing.

2024-06-12 · Dublin

Taxi driver rape trial hears from female passengers who had consensual sex with accused

In a June 12 trial, a 50‑year‑old taxi driver faced rape and anal rape charges for alleged assaults in June and August 2022. Prosecutor Gerardine Small argued the accused targeted vulnerable, intoxicated women, citing CCTV and the complainants' accounts of lack of consent. She highlighted the improbability of two similar accusations within weeks and urged jurors to view the men's statements to Gardaí as ludicrous. The defense, led by Lorcan Staines, acknowledged the driver's unpleasant conduct but stressed the case was not proven beyond a reasonable doubt, noting the driver's professional obligations and the absence of explicit refusals by the complainants. Three other women testified that they had consensual sex with the driver on separate occasions, which the prosecution suggested was irrelevant to the rape allegations. The trial remained at the evidentiary stage, with no verdict announced. The unnamed 50-year-old pleaded not guilty.

2024-06-12 · Dublin

Plumber avoids jail for leaving man with brain bleed after Paddy's Day trad music row

A plumber, Gavin Dennan, 39, was given a three‑year suspended sentence after pleading guilty to assault causing harm for head‑butting a man in a pub toilet on St Patrick's Day. The victim suffered a mild brain bleed after being knocked to the ground outside the Grange pub in Deansgrange. Judge Pauline Codd ordered Dennan to pay €1,000 to the victim as a token of remorse, with the money going to a charity if the victim declined. Dennan, who had no prior convictions and was described as a family man, expressed remorse and said he acted out of character after a heated argument about Irish traditional music. The court heard that the victim was heavily intoxicated, was hospitalized, and later recovered, but did not file a victim impact report. Ten testimonials supporting Dennan's good character were presented. The case was heard in the Dublin Circuit Criminal Court.

2024-06-12 · Laois

IMRO seeks injunction against Forest Fest over copyright

IMRO, the Irish body that administers performing‑rights copyright, has filed High Court proceedings to obtain an injunction against the organisers of the 'Forest Fest' music and arts festival in County Laois. The organisers, Philip Meagher and Forestfest Limited, are alleged to have failed to secure a licence for a number of musical works that IMRO claims it holds copyright to on behalf of its members. The festival, scheduled for 19‑21 July at Emo, will feature acts such as Ash, The Undertones, The Divine Comedy, EMF, The Cult, The Human League, Something Happens, The Stunning, Stereo MCs, Paul Brady and Tony Hadley. IMRO says that several dozen of its copyrighted works will be performed and that the organisers owe €193,000 in royalties for 2022, 2023 and the pending 2024 events.

2024-06-12 · Donegal

TD offers bail surety for man accused of murdering RUC officer

A 72-year-old man arrested in Letterkenny, Co Donegal, has been granted bail at the High Court following his arrest on a Northern Irish warrant. John Edward McNicholl is alleged to have murdered RUC Constable Robert John McPherson during an ambush in Dungiven, Co Derry, on 26 July 1975. He faces an additional four charges relating to the possession of explosives and firearms at Garvagh, Co Derry, on 16 February 1976. Independent TD Thomas Pringle offered to act as an independent surety for bail. The court heard that consent to bail has been given by the Minister for Justice, subject to conditions including a cash lodgement of €7,000, surrender of travel documents, and weekly sign-ons at Letterkenny Garda Station. Mr Justice Patrick McGrath approved the bail arrangements. The case will return to court on 2 and 3 July.

2024-06-12 · Meath

Pensioner appears before High Court after arrest in connection with 1975 murder of RUC officer

A 73‑year‑old Seamus Christopher O'Kane, originally from Garvagh in County Derry, was arrested in County Meath on a High Court extradition warrant issued by the Garda Extradition Unit. The warrant, endorsed under the Trade and Cooperation Agreement, relates to four offences alleged to have been committed on 16 February 1976 at Brockaghboy, Garvagh. Those offences include possession of explosive substances—two electric detonators and two improvised pressure mat switches—intended to endanger life or property, and possession of firearms and ammunition, including two Walther pistols, a Browning pistol, a 0.22 rifle, a Remington shotgun and 104 rounds of ammunition, also intended to endanger life or property. The warrant states that the items were recovered during a search of a farmhouse where O'Kane and two other men were found hiding. O'Kane was interviewed on 17 February 1976 and allegedly admitted possession of the explosives, firearms and ammunition.

2024-06-12 · Dublin

Bulk of row over development of €35m South Dublin office building to be referred to arbitration

An application will be made to refer the bulk of a dispute between DLR Properties Ltd and the Johnny Ronan group to out‑of‑court arbitration. DLR has sued RGRE Devco 4 Ltd and Ronan Group Real Estate Ltd for breach of a 2019 development agreement over a 1.3‑acre site in Cherrywood, Loughlinstown, where the parties agreed that RGRE 4 would build a €35m office building. DLR seeks declarations that the agreement was validly terminated, damages, and an injunction to remove statements from the Ronan Group website that imply the defendants hold any title or interest in the site. The defendants deny the claims, calling them "completely unnecessary" and "unrealistic." The defamation claim will remain before the High Court, while the majority of the issues will be referred to arbitration, with former Chief Justice Frank Clarke proposed as arbitrator.

2024-06-12 · Cavan

Gemma O'Doherty contempt proceedings adjourned over third party funding claim

Contempt of court proceedings against Gemma O'Doherty in the High Court have been adjourned to July following a request for time to address allegations concerning third party funding of the plaintiff's case. Ms O'Doherty has claimed that champerty and maintenance laws have been breached, citing a fundraiser allegedly organised for Edel Campbell of Kingscourt, County Cavan, which she says raised over €24,000, with many donors remaining anonymous. Ms Campbell's legal team denies any wrongdoing and rejects the allegations. The case arises from Ms Campbell's claim that Ms O'Doherty, trading as "The Irish Light", used an unauthorised image of her late son Diego Gilsenan in an article. An injunction was previously secured restraining Ms O'Doherty from harassing Ms Campbell. The defendant denies breaching that order and rejects all allegations against her. Mr Justice Mark Sanfey directed both parties to exchange further sworn statements before the matter returns to court.

2024-06-12 · Dublin

'I will come after your property': worker says ex-Iceland boss personally threatened her with lawsuit on eve of strike

In a Workplace Relations Commission hearing, former Iceland employee Jeanette Joyce alleged that Naeem Maniar, the owner of Iceland's Irish stores, threatened her with a lawsuit targeting her personal property if she and her colleagues went on strike. Joyce said she received late‑night texts accusing her trade union of "playing dirty" and spreading "false news and propaganda." She claimed she was a shop steward for the Independent Workers' Union and that she had been harassed and bullied by Maniar, including being served legal papers for "unlawful industrial action." Joyce also reported wage withholding after the strike, delayed payment of €265.45 net wages, and hostile payroll emails. She filed a grievance for harassment and bullying, but no action was taken before the store entered liquidation. The case is pending adjudication by the WRC.

2024-06-11 · Limerick

Couple avoids jail for contempt after agreeing to leave apartment

In a High Court appeal proceeding, Jordan Mitchell and Dinicka Ryan avoided committal for contempt after agreeing to vacate an apartment in Ballycummin Village, Raheen, Co Limerick. The property owner, Tarbutus Limited, alleged the couple had no right to occupy the premises and were in breach of court orders requiring them to leave. Tarbutus claimed the couple had repeatedly refused to vacate and had wrongfully paid rent to former owner Conor Hogan. Mr Justice Mark Sanfey noted that while he sympathized with the couple and their two young children, court orders must be obeyed. He highlighted that Ms Ryan had previously been given six weeks to leave in March but failed to do so. The judge stated that Mr Hogan was not entitled to deal with the property, despite the couple's payments to him. After submitting a sworn statement opposing committal, both defendants agreed to comply with the orders to vacate the property within four weeks. The judge warned of serious consequences if they failed to comply by the deadline. John Kennedy SC, representing Tarbutus, stated that if the couple vacated within the agreed period, his client would not pursue legal costs. Following the couple's sworn undertakings, the judge adjourned the matter to a date in early July. Tarbutus maintains it is the registered owner, having obtained a High Court order in 2022, upheld by the Court of Appeal, requiring all persons to vacate. Mr Hogan continues to dispute the plaintiff's entitlement, with separate proceedings pending.

2024-06-11 · Dublin

Former Christian Brother jailed for 1970s abuse

A former Christian Brother, John Merrick (77) of Portmarknock Park, Portmarknock, Dublin, pleaded guilty at Dublin Circuit Criminal Court to four charges of indecent assault against one sixth class pupil and three charges of indecent assault against his classmate on dates between September 1977 and June 1978. Both victims are now 58 years old and have indicated they wish to retain their anonymity but are happy for Merrick to be named in reporting the case. Merrick, who entered the Christian Brothers at the age of 14 and left the order in 1981, has previous convictions from the District Court in relation to similar offending around the same time. These incidences of abuse were reported in 1996 and he was later convicted in 1998, resulting in a six month suspended sentence and a 12 month suspended sentence. Philipp Rahn SC, defending, told the court that at the time of the convictions from the District Court, Merrick engaged in a sex offender treatment programme and also subsequently engaged in the Restorative Justice Programme. One of the men took the stand to read his victim impact statement into the record. Judge Pauline Codd imposed a sentence of 12 months for the offences against the first man and a consecutive 10 month term for the offences against the second man. She suspended the final 10 months of the term on strict conditions for 12 months. The matter was adjourned for the purpose of the court considering the victim impact statement and other submissions.

2024-06-11 · Ireland

Army captain appeals conviction for sex assault on female NCO

An army captain, Ross O'Shea, appealed his October 2022 conviction for sexually assaulting a female non‑commissioned officer at a Leinster barracks in June 2020. He argued that missing CCTV footage, which might have captured the incident, deprived him of a possible line of defence. The State countered that the footage could not add to the established facts and that the contested area was "vanishingly tiny." O'Shea was found guilty of moving his open palms up and down the woman's back and saying "come on, come on" at the Officer's Mess, and of one charge of assault under the Non‑Fatal Offences Against the Person Act 1997. He was dismissed from the army as part of the sentence. The Court of Appeal heard the appeal, with counsel highlighting discrepancies in prosecution evidence and the loss of potential CCTV, while the Director of Military Prosecutions maintained that the missing footage was irrelevant to the core facts. The court reserved judgment.

2024-06-11 · Dublin

Rape accused taxi driver claimed alleged victim asked 'was this off the bill'

In a Central Criminal Court hearing on 11 June 2024, a 50‑year‑old taxi driver accused of raping two young women denied the allegations. He claimed the 20‑year‑old woman was smiling and kissing him while they had consensual sex and that she asked, "was this off the bill?" He said he replied jokingly that it was not. The driver said he had been working that night, the woman had asked to be taken home, and that they engaged in consensual sex after she kissed him. He stated he had no reason to doubt her willingness. The court heard CCTV footage, location data and DNA evidence linking the driver to the woman, and a forensic examiner described bruises and an internal vaginal injury, but the trial remains ongoing. The unnamed 20-year-old pleaded not guilty.

2024-06-11 · Dublin

Cleaner admonished over 'form fitting' cycle leggings and sacked after rejecting manager's romantic advances wins €10k

A cleaner who was admonished for wearing 'form-fitting cycling leggings' and later dismissed after rejecting his manager's romantic advances has won €10,000 in compensation for sexual harassment and discriminatory dismissal. The worker, a former soldier, claimed that his relationship with his manager, identified as Ms A, deteriorated rapidly after he turned down her advances during a lunch meeting in February 2023. He stated that prior to this, he had been praised for his work and was considered one of the best cleaners. Following his rejection, the manager allegedly began criticizing his work performance and raised issues about his uniform. The employer argued that the dismissal was due to performance issues and uniform violations, but the tribunal found that the worker had been subjected to harassment and discrimination on the grounds of gender. The adjudicator ruled that the dismissal was not unconnected to the harassment and awarded €10,000 in compensation.

2024-06-11 · Dublin

IT consultant who failed to pay €180k in VAT sent to jail after suspended sentence deemed too lenient

Clive Gargan, 48, an IT consultant, was jailed for 12 months after the Court of Appeal quashed a fully suspended three‑year sentence it deemed too lenient for failing to pay €180,623.51 in VAT over seven years. He had been charged with 84 VAT‑related offences, including 42 counts of failing to deliver VAT returns and 42 counts of failing to pay VAT within the statutory period between 2009 and 2016. Gargan entered guilty pleas to eight counts and had paid the sum due plus interest by the time of his original sentencing. The Court of Appeal, led by Ms Justice Isobel Kennedy, imposed a headline sentence of five years, reduced to three and a half years after mitigation, and suspended the final two and a half years, leaving one year in custody. The State had appealed the original suspended sentence, arguing that too much weight had been given to mitigating factors.

2024-06-11 · Ireland

US multinational ordered to pay €168k to unfairly dismissed exec

A US multinational software company, Digital River Ireland Ltd, was ordered by the Workplace Relations Commission to pay €168,682.09 to Kevin Foley, a former senior director of sales for the Europe, Middle East and Asia region. Foley claimed his dismissal on 19 October 2022 was the result of a sham redundancy process that did not involve the required Irish employment law checks. He argued that the company's US-based line manager, who later assumed his responsibilities, had benefited from the decision. The WRC found that the company's appeal procedure was flawed, lacking an oral hearing and failing to allow Foley to be accompanied. The commission upheld Foley's unfair dismissal claim and awarded the monetary sum, citing the company's procedural breaches and Foley's successful job search within eight months of redundancy.

2024-06-10 · Dublin

'When I sleep, I dream of Roulette': gambling addict moved €470k in drugs on bus

Peter Lam, an 80-year-old defendant from Belfast, pleaded guilty at Dublin Circuit Criminal Court to possession of drugs for sale or supply at Busaras, Dublin 1, on October 11, 2021. The court heard that Lam was intercepted by gardai upon arriving by bus from Donegal with two large boxes containing MDMA valued at €470,982, which were hidden among pottery and children's toys. Lam alleged he was acting as a courier to pay gambling debts, stating to gardai that he dreamed of Roulette. Judge Mary O'Malley Costello noted that while Lam had a previous 2013 conviction for cannabis cultivation and possession, his current role as a courier made him an important part of the drug trade. The judge acknowledged mitigating factors including Lam's guilty plea, age, health conditions such as dementia, and lack of English, but emphasized the need for deterrence and societal protection. Lam had spent ten months in custody on remand. Judge O'Malley Costello imposed a sentence of four years, suspending the final ten months. She ordered that Lam be given credit for the ten months already served in custody.

2024-06-10 · Dublin

Iconic Dublin pub closed after imitation handgun produced during Covid row

In a Dublin Circuit Criminal Court hearing on 10 June 2024, George Murray, aged 55, was sentenced to four years' imprisonment for possessing a realistic imitation firearm with intent to threaten. The incident occurred on 16 December 2020 at Maye's Public House, a long‑standing pub on Dorset Street, when Murray brandished a replica Glock handgun at proprietor Tom Maye, 70, and threatened to "blow his head off." Maye, who had run the pub for 31 years, was forced to close the business after the event. Murray, who has 57 prior convictions and a history of schizoaffective disorder and substance abuse, pleaded guilty to the charge. Gardaí arrested him after a panic button was pressed and the replica gun was confiscated. The judge, Pauline Codd, reduced an initial headline sentence of seven years to four, back‑dating it to November 2023. Murray acknowledged the incident and expressed "fair play" to the judge.".

2024-06-10 · Dublin

Complainant tells jury that taxi driver asked her to pay fare after rape

A 21‑year‑old woman testified at the Central Criminal Court that a taxi driver raped her after she fell asleep in his vehicle. She said she had been drinking, had gone home at about 4 a.m., and then entered the taxi to get a phone charger. The driver allegedly forced sexual contact, which she denied consent to, and after the act he asked her to pay the fare. She claimed her phone had died, her parents gave the driver cash, and she was later taken to a sexual assault treatment unit. The accused, in his fifties, pleaded not guilty to the rape and to an alleged anal rape of another woman. He denies all allegations, asserting any sexual activity was consensual and initiated by the women. The trial is ongoing before Mr Justice Paul McDermott and a jury.

2024-06-10 · Cork

Former republican 'colour party' participant jailed over ammunition find

Daniel Sheehan, aged 24, was sentenced by the Special Criminal Court to three years' imprisonment, with the final 18 months suspended for two years, after pleading guilty to possessing 263 rounds of ammunition in suspicious circumstances. The ammunition was found in a bag in his shed on 3 June 2022, alongside a replica pistol and a small amount of cannabis. Gardaí also discovered Republican memorabilia at his home. Sheehan admitted the ammunition to the police and had previously been involved in Republican colour parties, pipe bands and commemorations. He had no serious prior convictions, had been working in construction, and had expressed remorse. The judge noted his youth, lack of maturity, and potential for rehabilitation, and ordered that he have no contact with militant or paramilitary individuals. The charge of membership in an illegal organisation was later dropped. The sentence was set at a headline of six years, mitigated to three years, with the 18‑month suspension applied.

2024-06-10 · Ireland

Garda Commissioner's alleged blanket policy on station bail unlawful, High Court challenge argues

In a High Court challenge, an unnamed man argues that the Garda Commissioner's alleged blanket policy of refusing station bail to individuals accused of breaching domestic violence orders is unlawful. He was arrested two years ago for allegedly breaching a protection order against his estranged wife, at a time when their relationship had collapsed. Despite no objection to bail, he was denied station bail and remained in custody until a District Court hearing. He claims the policy, in force since 2017, lacks legal basis, violates his constitutional liberty and European Convention rights, and seeks orders to quash the refusal, the policy's publication, and to remove it from the 2017 "Policy of An Garda Siochana on Domestic Abuse Intervention Revised Edition." The court granted permission ex‑parte, and the case will return later this month.

2024-06-10 · Kildare

Challenges to now defunct Immigrant Investor Programme

Several High Court challenges have been filed by organisations that claim their applications for the now-defunct Immigrant Investor Programme (IIP) were wrongly rejected by the Minister for Justice. The IIP, abolished in 2023, had allowed non‑EU nationals to invest large sums in Irish projects in exchange for residency visas. The applicants, who submitted their applications before the programme's discontinuation, were not included in the scheme. On Monday, lawyers for 'The Church on the Main Street CLG' and Naas Rugby Football Club presented separate judicial review actions. The church had secured an investor to purchase and renovate the Dara Cinema, now a food bank and drop‑in centre, while the rugby club had an investor to upgrade facilities and build a new pitch. Both investors were prepared to commit at least €400,000 as philanthropic donations to endowment projects benefiting arts, sports or education.

2024-06-10 · Offaly

Army sergeant gets seven years for rape and abuse of wife's niece

Anthony Canning, 74, of Fadden, Carrig, Birr, Co Offaly, pleaded guilty at the Central Criminal Court to two charges of indecent assault, three of sexual assault and one of oral rape of Celine Daly, who was between seven and 13 years old at the time of the offences, which occurred between December 1987 and December 1993 in his home. Canning, who was married to Ms Daly's aunt, was between 37 and 43 years old during the abuse. Ms Daly gave a victim impact statement in which she described the abuse as leaving emotional scars and said she had finally been heard after reporting to the Gardaí. Judge Tony Hunt set a headline sentence of 10 years, taking into account the age disparity and the fact that the abuse occurred in what was effectively an extension of her home, and imposed a seven‑year jail term for the offence of oral rape. The sentence was not suspended.

2024-06-10 · Donegal

Garda killer withdraws appeal against sentence for 'almost carbon copy' attack

A man convicted of manslaughter in the death of a garda has withdrawn his appeal against a sentence imposed for a separate incident at a Covid-19 checkpoint in Donegal. Martin McDermott, aged 39 and of Abbey Park, Manorcunningham, Co Donegal, pleaded guilty at Donegal Circuit Court in March 2022 to charges including endangerment, assault, drink-driving and driving without a licence. The offences occurred on 14 April 2020 when McDermott accelerated towards Garda Kilcoyne at a checkpoint near Raymoghey, Manorcunningham, forcing the officer to jump clear. Following a pursuit and crash, McDermott assaulted the garda by kicking him. Judge John Aylmer sentenced him to five and a half years, with the final nine months suspended. McDermott's appeal against sentence severity came before the Court of Appeal on 10 June 2024. Court President Mr Justice George Birmingham noted McDermott's previous conviction for the manslaughter of Garda Gary McLoughlin in 2009, describing the current offences as an "almost carbon copy" of that earlier incident. Following consultation with his legal team, McDermott withdrew his appeal.

2024-06-10 · Louth

'No one will take me on': Irene White murderer says he can't get lawyer to advance appeal

A man serving a life sentence for his role in the murder of Irene White in 2005 appeared before the Court of Appeal to report difficulties in advancing his appeal. Niall Power, aged 51, from Riverstown, County Louth, pleaded guilty to murder and was sentenced in 2019. He was described as "the middle man" in arranging the killing of the 43-year-old woman at her home in Dundalk on 6 April 2005. Power told the court he has been unable to secure legal representation despite approaching approximately twenty or thirty solicitors. Court president Mr Justice George Birmingham noted that many solicitors on the legal aid panel actively seek work and adjourned proceedings to 6 December. Power indicated he had already experienced a two-and-a-half year period without representation. Anthony Lambe, who carried out the fatal stabbing, received a life sentence in 2018 after pleading guilty to the same offence.

2024-06-10 · Ireland

Shop manager wins €40k for whistleblower retaliation over 'under the counter' wages

In a Workplace Relations Commission hearing, Ms A, a shop manager who had worked for the convenience store for over a decade, won €40,000 after she reported that her employer was paying part of her wages "under the counter" from a separate account. Ms A had been promoted to manager in 2016 and was responsible for rostering, payroll and ordering stock. In 2023 the company transferred a new manager, Ms E, and Ms A's managerial duties were stripped, her hours were altered, and she was threatened with "consequences" when she returned the cash wages to the Revenue Commissioners as instructed. The tribunal found the employer had retaliated against Ms A for making a protected disclosure, breached the Protected Disclosures Act 2014, the Terms of Employment (Information) Act and the Payment of Wages Act 1991, and awarded her €40,000 in compensation and additional sums for payroll errors. The decision was made in the employer's absence.

2024-06-10 · Cavan

Woman whose trial for murdering former lover ended in disagreement admits to manslaughter

Nicola Brennan, aged 33, has pleaded guilty to the manslaughter of Juris Viktorovs at their shared home in Shillelagh, Ballyconnell, County Wicklow on 10 February 2022. The Central Criminal Court accepted her plea, with the Director of Public Prosecutions withdrawing the murder charge. Brennan had previously pleaded not guilty to murder in December 2023, but a month-long trial resulted in jury disagreement. Mr Justice Paul McDermott adjourned the case for sentencing on 7 October pending probation and prison governor reports. Brennan has remained in custody at the Dochas women's prison since June 2022. The trial heard evidence from a witness who identified Brennan as responsible for the fatal stabbing, though the defence contended the witness account was unreliable given the circumstances.

2024-06-07 · Dublin

Criminal in 'psychic assault' on 'ordinary decent citizen' giving evidence

Jonathan Kenny, 40, was found guilty of a 'psychic assault' after he pointed to his eyes and flexed his biceps in Courtroom 4 at the Criminal Courts of Justice, Dublin, during a hearing where a witness gave evidence. The judge described the gesture as a form of intimidation that caused the witness to feel fear and distress. Kenny had previously been charged with witness intimidation but pleaded guilty to assault, a plea accepted by the Director of Public Prosecutions. He has 108 prior convictions, including robbery, assault and theft, and is serving a custodial sentence for other offences with an earliest release date in February 2027. The judge imposed a four‑month sentence, suspended in full for two years, to commence after the expiry of his current custodial term, and ordered him to stay away from the victim, their home and family during the suspension. The victim's impact statement was submitted but not read aloud. Jonathan Kenny was acquitted.