Court archive

Court reports from 2024

2024-06-07 · Dublin

Pandemic-hit hotel worker had €80k in cannabis delivered to own address

Eoin Claxton, a 37‑year‑old hotel worker from Rathgar, was arrested after a Garda posing as a courier delivered a parcel containing 4.8 kg of cannabis herb to his home. The package, valued at €79,824, had been intercepted by customs and was addressed to a Jackie O'Shaughnessy from a Molly Maguire. Claxton, who had 36 prior convictions, pleaded guilty to possessing drugs for sale or supply on 14 December 2020. He explained that he had been laid off during the pandemic, had accrued a gambling debt of €8,000‑€9,500, and accepted the drug deal to pay it off. Judge Elma Sheahan sentenced him to 18 months in custody, suspended for three years, and remanded him on bail until July. The court noted his employment, family responsibilities, and remorse, but emphasised the seriousness of the offence.

2024-06-07 · Ireland

School showed 'lack of respect' to secretary given no time to say goodbye to colleagues

A school secretary, Cathy Guirke, who worked at Drumbaragh National School for over a decade, has been awarded €8,000 in compensation for unfair dismissal after being given no time to say goodbye to colleagues on her final day. The Workplace Relations Commission (WRC) found that the school demonstrated a lack of respect by failing to engage in a meaningful consultation process regarding her redundancy. The tribunal ordered the school's Board of Management to pay Ms Guirke €8,000 under the Unfair Dismissals Act 1977, along with additional sums for other employment law breaches. Ms Guirke was informed of the redundancy just six minutes before the end of her working day, with no opportunity to prepare or say goodbye to colleagues. The WRC adjudicator, Marie Flynn, noted that while there was a genuine redundancy situation, the school did not act reasonably by failing to provide details on potential pay or hour cuts.

2024-06-06 · Dublin

Taxi driver accused of raping female passengers said sex encounter was consensual

A taxi driver in his early fifties, who is legally entitled to anonymity during the trial, has pleaded not guilty to rape and anal rape charges involving two young women. He claims that any sexual interaction with the first complainant was consensual, stating that the woman entered his taxi, directed him, and that they engaged in consensual sexual activity after he kissed her. He denies any rape or anal sex. The State alleges that both women were raped after a night out in Dublin city centre. Evidence presented includes CCTV footage of the first complainant entering the taxi, forensic DNA linking the driver to the victim's clothing, and GPS data showing the taxi's movements. The trial is ongoing before Mr Justice Paul McDermott and a jury.

2024-06-06 · Dublin

Ukrainian man avoids jail for attacking wife, locking himself in room with child

In a Dublin Circuit Criminal Court hearing, a Ukrainian man pleaded guilty to assault causing harm, criminal damage and assault with a hammer on October 19, 2019, at a home in Dublin 15. He had no prior convictions. Gardaí were called when the defendant's then‑wife reported distress and property damage, including a broken laptop and plates. The defendant had produced a hammer and broken items after a disagreement earlier that day. He then left the house, but returned and locked himself and one of his children in the bathroom, closing the door on the wife's friend. Gardaí entered, seized the child and arrested the defendant. The wife was kicked in the head, legs and body, suffering sore ribs. The couple are now divorced and co‑parenting. The judge, citing the seriousness of the offence and the presence of children, sentenced the defendant to one and a half years' imprisonment, suspended in full, and ordered six months' probation supervision.

2024-06-06 · Dublin

Criminal who took part in €2.1m cannabis operation stocked home full of expensive items, despite being on dole

Edward Farrell, 49, admitted to possessing €2,173,920 worth of cannabis for sale or supply, with 105 kg found in a white Ford Transit van outside his Knocklyon home and an additional 15 kg in three black bin bags transported to Mountain Park, Tallaght. Gardaí also seized signed Oasis memorabilia, expensive whiskey, designer trainers, a disguised stun gun, drug paraphernalia including a vacuum‑packing machine, weighing scales and a mobile phone used for encrypted drug‑distribution messages. Surveillance captured Farrell moving the bin bags into a BMW X5 and then to a BMW 3 Series, where co‑accused Kevin Murphy, 41, was met. Murphy, who pleaded guilty to 15 kg of cannabis, was sentenced to four years earlier this year. Farrell, who has 32 prior convictions and claims to be on social welfare and HAP assistance, will be sentenced on 22 July.

2024-06-06 · Dublin

Jail for man (50) who put father (91) in headlock

In a Dublin Circuit Criminal Court hearing on 6 June 2024, Cedric Ingle, aged 50, was sentenced to 18 months' imprisonment, with the final six months suspended, for assault causing harm after putting his 91‑year‑old father, Christopher Ingle, in a headlock on 4 April 2020. The incident occurred at the father's Glenageary home, where the father was shaking and had cuts on his hands. Ingle had previously been convicted 19 times and had a history of drug use, including cannabis and heroin. He pleaded guilty, and the court noted that the offence took place in the victim's own home, that the victim was elderly and vulnerable, and that the assault was not intended to cause serious injury but was an attempt to seize the father's keys. The judge, Elma Sheahan, considered the guilty plea and Ingle's lack of recent Garda attention as mitigating factors, but found the custodial threshold met, resulting in the sentence described above.

2024-06-06 · Meath

Murderer who bludgeoned man to death over breeding prowess of Chihuahua fails in appeal

In a Court of Appeal hearing on 6 June 2024, the appeal of Josh Turner, aged 31, was dismissed. Turner had been convicted in 2017 of murdering Christopher Nevin, a 31‑year‑old man he had loaned a Chihuahua to breed, after a dispute over payment. The incident occurred on 19 November 2015 on Tailteann Road, Navan. Turner and his co‑accused, Wayne Cluskey, both carried hatchets to the scene. Turner struck Nevin with a hatchet several times, while Cluskey also struck Nevin. Turner claimed a loss of self‑control after Nevin threatened him, but the trial judge instructed the jury that a defence of provocation or self‑defence would only apply if the accused had a total loss of self‑control and was not acting in self‑defence. The appellate court found no error in the judge's directions and rejected all grounds of appeal. The case remains a murder conviction with a life sentence. Josh Turner pleaded not guilty.

2024-06-06 · Dublin

Vet's suspension over care provided to Golden Retriever halved by High Court

In a High Court decision on 6 June 2024, Mr Justice Micheal P O'Higgins reduced a two‑month suspension imposed on veterinary surgeon William McCartney to one month, finding the original sanction "unduly severe." The case arose after McCartney, owner of North Dublin Animal Hospital, operated on the left hind leg of a golden retriever named Alfie instead of the right leg as originally planned. He failed to inform the owner, who had come with her children, of the change and did not arrange a colleague to meet her or telephone her to explain the decision. The owner, believing the wrong leg had been operated on, was traumatised and later sought a second opinion. McCartney offered a goodwill gesture of no charge for the right‑leg surgery, which the owner declined. He had accepted responsibility for mistakes but denied professional misconduct.

2024-06-06 · Ireland

HSE workers denied Covid recognition payment granted to others doing same jobs elsewhere

A Workplace Relations Commission adjudicator has recommended that the Health Service Executive (HSE) pay a civil registrar a €1,000 Pandemic Special Recognition Payment. The applicant, identified as Hse Hr, alleged her application was unfairly declined despite performing identical duties to colleagues in other geographic areas who received the award. The HSE admitted that staff in other regions doing the same work were granted the payment but argued that its HR managers followed guidance documentation, viewing the Civil Registration Office as not a Covid-19 exposed clinical setting due to controls in place. The applicant stated she worked on-site without personal protective equipment or early vaccine access, conducting high-risk services such as marriage ceremonies. The adjudicator noted that the HSE representatives accepted the applicant was properly included in the first vaccination cohort and that the work could not be distinguished from that of paid colleagues. Citing natural and constitutional justice, the adjudicator found that employees in the same grouping should be treated uniformly. The HSE was ordered to pay the €1,000 ex-gratia sum within 42 days. The decision was issued under the Industrial Relations Act 1969, with the HSE identified as the respondent due to the specific nature of the dispute.

2024-06-06 · Limerick

State will not have to pay Rathkeale man's costs for quashed attack convictions

In a Court of Appeal decision on 6 June 2024, Ms Justice Tara Burns rejected John O'Donoghue's application for legal costs after his convictions for assault causing serious harm and violent disorder were quashed. O'Donoghue, aged 55, had been convicted in November 2021 of attacking 74‑year‑old Willie O'Driscoll Sr with a machete and of violent disorder during a family dispute in Rathkeale. He had been sentenced to 10 years for the assault and a concurrent eight‑year term for the disorder, but after two years in custody he successfully appealed, arguing that Gardaí had failed to harvest vital CCTV footage and had withheld a garda notebook until the trial. The Court found that the lack of CCTV investigation deprived him of a realistic prospect of defence, yet it held that this failure did not create an obligation to pay his costs. John O'Donoghue pleaded not guilty.

2024-06-06 · Cork

Quashing woman's murder conviction over wording of warrant would be 'absurd', appeal court finds

The Court of Appeal rejected Helen Jones's appeal to quash her murder conviction on the basis that the wording of a search warrant was improper. Jones, 57, was convicted in December 2021 of murdering her 52‑year‑old brother Paul Jones on 4 September 2019. The conviction followed a month‑long trial at the Central Criminal Court in Cork, where a jury found her guilty and she was sentenced to life imprisonment by Mr Justice Michael MacGrath. The appeal argued that a search warrant issued on 10 September 2019 was unlawful because the detective Garda's oath did not use the exact wording required by law. The three‑judge panel, led by Ms Justice Úna Ní Raifeartaigh, held that the oath was sufficient, that the warrant was lawful, and that the absence of a contemporaneous record did not affect the case.

2024-06-06 · Cork

Child murderer Harrington fails in bid to overturn Santina Cawley conviction

Karen Harrington, who argued that her privacy rights were breached during the investigation into the murder of two-year-old Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned at the Court of Appeal. Ms Justice Isobel Kennedy stated that the court has consistently held that individuals do not have an expectation of privacy while moving through public spaces. The CCTV footage from Clanrickarde Estate, which was central to the trial, was deemed relevant and admissible. Ms Justice Kennedy noted that no issue was raised at trial regarding the admissibility of memoranda of interview and that the defence had sought specific extracts of the footage to be played to the jury. The court dismissed the appeal, stating that the footage was harvested from commercial and private sources and did not concern the mass retention of data. The matter was adjourned and never described as concluded or finalised. Santina Cawley, who is to remain serving her life sentence after failing in a bid to have her conviction overturned, was the victim of the murder. Elaine O'Hara, who is an applicant in the case, has no charges, plea, finding, sentence or finalisation associated with her in this case.

2024-06-05 · Dublin

Complainant tells taxi driver rape trial that sex was not consensual

In a rape trial, a young woman who claims she was raped by a taxi driver in his vehicle denies any suggestion that the sexual activity was consensual. The accused, in his early fifties, has pleaded not guilty to rape and anal rape of this woman and denies a charge of rape involving a second woman. The complainant testified that after finishing work on 25 June 2022 she drank heavily, left a bar, and later found herself in a taxi where she was allegedly forced into sexual acts. She described being dazed, having no memory of the events, and being forced into anal rape. She stated she did not consent to any sexual interaction and was unaware of the driver's identity. The defense counsel argued that the complainant had voluntarily entered the taxi and that any sexual activity was consensual, claims the complainant rejects. The trial continues.

2024-06-05 · Limerick

Judge orders arrest of couple over failure to vacate Limerick apartment

In an appeal-stage proceeding, Mr Justice Mark Sanfey of the High Court ordered An Garda Síochána to arrest Jordan Mitchell and Danicia Ryan for alleged contempt of court. The couple, residing with two children in a Ballycummin Village apartment, are accused of failing to comply with a 2022 High Court order, upheld by the Court of Appeal, requiring them to vacate the property. Tarbutus Limited, the plaintiff, claims ownership and alleges the couple have refused to leave for several years. The judge noted that while he initially sympathized with the couple's situation, their repeated failure to attend court or comply with orders has exhausted that sympathy. He criticized Conor Hogan, the former owner and subject of separate pending proceedings, for serving a 12-month notice to quit, stating this action does not override the immediate vacate order. The judge described Hogan's contributions as "not helpful" and warned the couple they were doing themselves an "extraordinary disservice" if relying on his advice. After further adjourning the attachment proceedings for health reasons and to provide a final chance to comply, the judge found the couple had again chosen not to attend or vacate. Consequently, he directed the Garda to bring them before the court next week, expressing hope that an agreement could be reached to avoid their committal.

2024-06-05 · Galway

Docs resolve dispute after break up of business partnership

Two West of Ireland doctors, Dr Eva Flynn and Dr Sean Mullin, resolved a High Court dispute after their partnership dissolved. The dispute centred on a temporary order issued in April 2024 that restrained Dr Mullin from preventing Dr Flynn from accessing the Moycullen Health Centre premises and from stopping her from treating patients there. Dr Mullin denied wrongdoing. The case was adjourned to allow out‑of‑court mediation. When the matter returned to the High Court, counsel for Dr Mullin informed the judge that the parties had reached a settlement through mediation. The proceedings were adjourned to October to implement the confidential settlement terms, after which the case could be struck out. No further details of the agreement were disclosed. The judge welcomed the resolution and the parties' decision to settle outside court.

2024-06-05 · Dublin

Nursing home operator placed into provisional liquidation

The High Court appointed Dessie Morrow and Diarmuid Guthrie of Azets as provisional liquidators for Passage Healthcare International (Ireland) Limited, the operator of Lucan Lodge and Sally Park nursing homes. The judge confirmed the company was insolvent and unable to meet its debts. The firm's difficulties were largely attributed to the Covid‑19 pandemic, which lowered occupancy and raised costs. Passage had entered examinership hoping to secure a rescue plan, but the examiner failed to obtain the necessary investment, leading to the collapse of that process. Lucan Lodge is now run by the HSE, which is paying 92 staff members while arranging alternative care for residents. Sally Park ceased operations in February after HIQA raised fire‑safety concerns; the facility's registration was cancelled and over 40 employees were made redundant. The company's board resolved to wind up, and the liquidators will manage assets, creditors, and lease issues, with the HSE and Revenue supporting the appointment.

2024-06-05 · Cork

Refrigeration company's submission 'particularly reprehensible', WRC finds as worker wins unfair dismissal claim

The Workplace Relations Commission adjudicator found Anglo Irish Refrigeration Co Ltd's conduct in the dismissal of former engineer Shane Guilfoyle to be "particularly reprehensible". Guilfoyle was dismissed in January 2023 after a series of complaints about a work van's lack of air‑conditioning and heat stress. He alleged that the company presented altered photos of the van and job reports, and that he was denied union representation at a disciplinary hearing where he was threatened with a gross‑misconduct charge. The adjudicator noted that the company's investigation failed to reach a factual finding and that the alleged performance issues and damage charges disappeared during the process. Guilfoyle was awarded €4,000 in compensation for unfair dismissal, the maximum in the absence of loss, and the company was ordered to pay the €1,471.57 docked from his wages and three days' pay for unpaid leave. The adjudicator rejected claims of excessive working hours.

2024-06-05 · Dublin

Money mule rumbled after €170k transferred to account containing €55

In a court hearing on 5 June 2024, Caitriona Shaw, 42, of Tallaght, pleaded guilty to two counts of invoice redirect fraud in March 2020. Shaw's bank account, previously holding €55, received over €170,000 from Cembrit Ireland and Circle K after fraudulent emails altered bank details. The Bank of Ireland froze her account, recovering most of the money, but Circle K lost €18,180. Shaw had no prior convictions and had not attracted Garda attention before or after the offence. She was described by Judge Pauline Codd as a "mere money mule" and was given a fully‑suspended three‑year sentence, with the judge noting her vulnerable circumstances and lack of benefit from the offence. The sentence was suspended in full for three years. The case highlighted the use of innocent individuals to facilitate illicit transfers.

2024-06-05 · Dublin

Taxi driver goes on trial accused of raping two women

A taxi driver in his fifties has gone on trial in Dublin for the rape of two young women in separate incidents in 2022 and 2023. He pleaded not guilty to two counts of rape and one of anal rape. Prosecutor Gerardine Small said each woman had been socialising in the city centre, met friends for drinks, and later found themselves in a taxi where they alleged they were raped. The driver denies the allegations, claiming any sexual contact was consensual. The trial is before Justice Paul McDermott and a jury at the Central Criminal Court.

2024-06-04 · Dublin

'Peace has broken out': Paralympian resolves guide dog discrimination claim against French restaurant

In a 2024 Workplace Relations Commission hearing, Paralympic cyclist Martin Gordon claimed that La Maison, a French bistro in Dublin, discriminated against him and his family because he had his guide dog, Juno, with them on 14 January 2023. Gordon, his partner Louise Byrne, and their nine‑year‑old daughter had been denied indoor seating three times, allegedly because the restaurant's policy had changed from dog‑friendly to prohibiting dogs inside. Witness testimony, including CCTV footage, was presented by both parties. The restaurant's barrister argued that the dog was not visible to staff and that the policy applied to all dogs. After the hearing, the tribunal announced that the parties had reached an agreement, and the case was withdrawn. No further legal action was described.

2024-06-04 · Dublin

'Code Red' after taxi driver stabbed seven times

In a 2016 hijacking, 29‑year‑old Ryan Cannon stabbed a taxi driver seven times, leaving the victim severely injured and bleeding on a road. The driver, who had parked outside a McDonald's in Airside Retail Park, was attacked after two men entered his cab. Cannon forced the driver to drive, then stabbed him while the driver tried to escape. The cab was later found burnt out in Balbriggan. Cannon, who had previously been convicted of drug and public‑order offences, pleaded guilty to assault causing harm and unlawful seizure of a vehicle. The court, noting the victim's extensive injuries and the use of a knife, imposed a four‑year prison sentence on Cannon, with no part of the sentence suspended. The judge highlighted the seriousness of the offence and the victim's forgiveness, but did not reduce the custodial term. The case was heard in the Dublin Circuit Criminal Court.

2024-06-04 · Kildare

Violent criminal Dumbrell gets more jail time for city centre attack

Leroy Roche Dumbrell, 37, of Griffith Rath Hall, Maynooth, Co Kildare, was sentenced to three years in prison for assault causing harm after attacking a man in Dublin City Centre on 30 August 2022. The victim, who had a deep facial cut and other injuries, later died, but the death was unrelated to the assault. CCTV identified Dumbrell as the assailant. He has 81 prior convictions, including serious offences such as setting a woman on fire and a prison brawl. He was charged in September 2023, spent months in custody, and was granted bail on strict conditions in December. A urine test showed cannabis and benzodiazepines. Judge Jonathan Dunphy imposed a headline sentence of four and a half years, reduced to three years, and suspended the final 12 months on the condition that Dumbrell engage with the Probation Service for two years after release. Roche Dumbrell pleaded guilty.

2024-06-04 · Ireland

12 years for husband who used 'sadistic and humiliating' violence during rape and abuse of wife

A 46‑year‑old man was sentenced to 12 years' imprisonment for a single count of rape, three counts of aggravated sexual assault, three counts of assault causing harm and one count of coercive control. The offences occurred in a border county between July 2020 and May 2022. The victim, a Brazilian woman who was heavily pregnant at the time of the final assault, described the abuse as "sadistic and humiliating". She said the husband tied her up, cut her vagina with a knife, punched her, used a phone‑charger as a weapon and raped her after striking her repeatedly. He also threatened to kill her and prevented her from contacting family in Brazil. The court noted the victim's fear, anxiety attacks and depression. The man denied the allegations and did not accept the jury verdict. The unnamed 46-year-old was found guilty.

2024-06-04 · Waterford

Broadcaster Paul Byrne resolves action against Virgin Media

Broadcaster Paul Byrne settled his High Court action against Virgin Media Television after mediation. The case, which involved Byrne's claim that Virgin Media's internal disciplinary proceedings were flawed, was struck out by the court. Byrne, who had been suspended following a February 9 report about a boy's death in County Waterford, alleged that the investigation's claim he had verified was false and that the disciplinary process could lead to dismissal for alleged gross misconduct. He denied wrongdoing, said the process was punitive and breached his contractual rights, and sought orders to lift his suspension and prevent replacement. Virgin Media rejected his claims, stating the alleged breach was "serious in nature" and that steps were needed to avoid a repeat. The settlement terms remain confidential. Mr Justice Mark Sanfey welcomed the resolution. Mr Byrne was not present at the hearing.

2024-05-31 · Dublin

Jail for man who breached protection order by breaking into wife's home

In a Dublin Circuit Criminal Court hearing on 31 May 2024, a 28‑year‑old man was sentenced to four years' imprisonment, with the final two years suspended on the condition that he attend alcohol‑addiction treatment. He had previously received a four‑year suspended sentence for assaults on his wife. The court considered that the defendant's breach of a protection order—kicking in his wife's front door, causing criminal damage, and driving off in her car—was aggravated by his prior history and the domestic violence context. Judge Pauline Codd set headline sentences of five years for the criminal damage and ten months for the breach of the court order, but imposed a four‑year custodial term, suspending the last two years. The sentence was back‑dated to November 2023 and the court ordered two years of post‑release supervision. The unnamed 28-year-old pleaded guilty.

2024-05-31 · Dublin

Criminal with 153 priors jailed for degrading sex assault on woman at Luas stop

A 35‑year‑old chronic drug abuser with 153 prior convictions was sentenced to four years in prison, with the final year suspended for three years, for a degrading sexual assault and robbery at a Luas stop in Dublin 12 on 26 January 2023. The court heard that the victim was forced to undress, had her legs held open, and was searched inside her vagina by a female co‑accused while the defendant held her down. The victim's €200 was taken, she suffered injuries, and a local man intervened with a golf club. The defendant, who has no prior sexual convictions, was described as having mental health problems and schizophrenia. The judge noted the assault was part of a robbery and set the headline sentence at six years, but ultimately imposed the suspended term. The victim remains in treatment and has experienced severe trauma and relapse into drug use. The unnamed 35-year-old pleaded guilty.

2024-05-31 · Dublin

SuperValu worker accused of misusing 'take-a-penny' tray challenges sacking

In a case heard by the Workplace Relations Commission, SuperValu dismissed Szymon Oasidrowski for alleged gross misconduct, claiming he had slept while clocked in and used coins from a "take‑a‑penny" tray to pay for food. Oasidrowski, who had worked for Musgrave Operating Partners Ireland Ltd for over a decade, was accused of 13 separate breaches in March and April 2023, including staying in the canteen for up to two hours while still clocked in and failing to pay for items such as bread rolls and soup. He also allegedly used customer coins from the tray to purchase items. The company's disciplinary officer, Lynne McManus, admitted there was no written policy on staff use of the tray, but stated staff could use it only when clocked out and not for the full amount of a purchase.

2024-05-31 · Dublin

No jail for man who humiliated and repeatedly attacked wife

A 41‑year‑old Dublin man was given a fully suspended two‑year sentence for assaulting his former wife over a decade ago. He pleaded guilty to one count of assault causing harm, with other assault counts considered; the State dropped the remaining charges. The judge noted the victim was isolated and the man's bullying and dominant behaviour caused fear and violence, including throwing sharp objects that left a scar. He was ordered to cooperate with the Probation Service, attend therapeutic and domestic violence courses, and have no contact with the former partner except for childcare arrangements. If he breaches any condition or re‑offends, the sentence will be reactivated. The couple, now divorced, share custody of their child, and the man has expressed remorse and is engaged in psychiatric care.

2024-05-31 · Ireland

'No one is above the law': Garda statement as Judge Gerard O'Brien is jailed

In a statement released on 31 May 2024, Detective Chief Superintendent Colm Noonan of the Garda National Protective Services Bureau praised the bravery of victims and witnesses who came forward in a sexual‑crime case that led to the imprisonment of Judge Gerard O'Brien. Noonan highlighted the importance of breaking the silence surrounding sexual crime and the lasting impact such offences have on victims and their families. He thanked the investigative team, the Garda National Protective Services Bureau, the Director of Public Prosecutions, prosecution counsel and victim support groups for their roles in the case. Noonan underscored that the outcome sends a clear message that no one is above the law and that the Gardaí will listen to and support anyone who has experienced sexual crime. The statement was issued to encourage further reporting and to affirm the Gardaí's commitment to justice for victims.

2024-05-31 · Dublin

Man avoids jail for holding €60k in drugs to protect brother

Thomas Kane, 29, of Ard Mor Drive, Tallaght, pleaded guilty in the Dublin Circuit Criminal Court to possession of cannabis and cocaine with intent to sell or supply on 10 June 2020. Gardaí obtained a warrant and searched his apartment, finding more than 30 g of cocaine and 47.5 g of cannabis in the hot press, an additional 10 g in the kitchen, and almost 3 kg of cannabis in two Adidas bags in a bin marked with his apartment number. The drugs were valued at €60,946 for cannabis and €2,149 for cocaine. Kane claimed he kept the drugs to protect his brother, an addict with a drug debt, from threats to his life. The court accepted this explanation. Judge Patricia Ryan sentenced Kane to five years, which she suspended in full on a number of conditions.

2024-05-31 · Cork

Serial burglar who broke into sleeping student's bedroom is sent back to jail

The Court of Appeal has resentenced a serial burglar to five years imprisonment after finding his original sentence inadequate. Wayne O'Callaghan, aged 35, of Brooklodge Grove, Glanmire, Cork, had pleaded guilty to burglary and unauthorised taking of a motor vehicle. Justice Tara Burns determined that the original headline sentence of three years for burglary was "simply too low" and represented an error in principle. The court heard that O'Callaghan entered a property in Glanmire and stole car keys from a bedside locker whilst a 21-year-old woman slept in the room. He subsequently took her vehicle, which contained a laptop valued at €3,000. On the same occasion, CCTV footage showed him entering three neighbouring properties. Later that night, he entered another residential address where three family members were sleeping, stealing items including Apple watches, iPhones, and a purse containing €100. O'Callaghan, who has 68 previous convictions including 15 for burglary, was released from custody one week prior to today's hearing. The new sentence comprises two years for unauthorised taking, running concurrently.

2024-05-31 · Tipperary

'Unsuitable to hold office': former judge jailed for attempted rape and sex abuse

Gerard O'Brien, 59, a former Circuit Court judge, was sentenced to five years and nine months' imprisonment, with 21 months suspended, for one count of attempted anal rape and eight counts of sexual assault against six young men. The offences, committed while he was a teacher at CBC Monkstown between 1991 and 1997, involved victims aged 17 to 24, four of whom were students or former students. O'Brien pleaded not guilty, resigned as a judge in January 2024, and had his sentencing hearing postponed twice. The judge noted O'Brien's age, disability and psychological vulnerability, but also highlighted his misuse of disability to exploit victims, lack of remorse, and predatory behaviour. O'Brien will serve the custodial term, be subject to a two‑year post‑release supervision order, and his conviction was deemed to show he was unsuitable to hold judicial office.

2024-05-30 · Derry

NI man jailed for human trafficking conspiracy in UK wanted for allegedly trying to murder partner

Stephen Andrew McLaughlin, a 44‑year‑old from Rose Park, Limavady, was sentenced to nine years' imprisonment in 2016 for conspiring to illegally traffic Afghan migrants into the UK. The High Court heard that he supplied a lorry and shipping account for a container that carried 35 Afghan nationals, including a man who died of a heart attack, and that a second container was intercepted in France. McLaughlin denied the conspiracy charge but was convicted by a jury at Basildon Crown Court. In February 2024, a warrant was issued by Southend Magistrates Court for his arrest after he breached the terms of his licence. In January 2024, a warrant was issued by Laganside Magistrates Court in Belfast for seven alleged offences, including attempted murder. The alleged attempted murder occurred on 19 September 2022 at Ness Woods Country Park, Co.

2024-05-30 · Dublin

Man caught taking photos of woman in airport toilet found to have hundreds of child abuse images

A man who was apprehended taking photographs in a female toilet cubicle at Dublin Airport has been convicted and sentenced at Dublin Circuit Criminal Court. Arthur Fiks, aged 47, admitted assault causing harm and possession of child sexual abuse material following an incident at Terminal One on 28 June 2022. A woman discovered a mobile phone positioned beneath her cubicle door and retrieved it. When she emerged, Fiks attempted to reclaim the device, and during the altercation pulled hair from her scalp. Gardaí subsequently found over 300 child abuse images stored across multiple phones in his possession, including material depicting children aged between one and thirteen. Judge Pauline Codd sentenced Fiks to three and a half years imprisonment, with the final nine months suspended. The sentence was backdated to June 2022, when he entered custody. He was ordered to register as a sex offender and to leave the jurisdiction upon release. The court heard Fiks had recently arrived from Poland and had been employed as a farm worker in County Monaghan before losing his position.

2024-05-30 · Waterford

Boxer appeals conviction for open-palm strike on woman at organised fight

Richard Walsh, of Congress Villas, Dungarvan, Waterford, appealed his jury conviction for assault causing harm at Kilrush Park, Dungarvan, on November 30, 2020. He was originally sentenced by Judge Eugene O'Kelly at Waterford Courthouse to two and a half years, with the final 12 months suspended. Defence counsel Giollaíosa Ó Lideadha SC argued that the trial judge incorrectly applied an objective standard to the reasonableness of force, contending that a subjective test regarding Walsh's honest belief in self-defence was required. Walsh alleged that after an organised fight, the victim threw an iron bar at his head, prompting him to push her in anticipation of further violence. Mr Justice John Edwards noted that Walsh was armed with the bar, was a stronger adult male, and had an opportunity to retreat. The judge described the incident as occurring after the victim, a supporter of one of the fighters, was "mouthing off" and throwing the bar, which Walsh picked up before advancing on her. Defence counsel also raised concerns about incomplete mobile phone footage and the inability to verify the recorder's identity or potential editing. State counsel Conor O'Doherty BL countered that the jury was properly directed to consider both subjective context and objective necessity, highlighting the significant size disparity between the boxer and the victim. The Court of Appeal reserved judgement in the matter.

2024-05-30 · Ireland

Conor McGregor succeeds in bid to adjourn woman's damages claim

Conor McGregor has secured a six‑month adjournment of a woman's damages claim for alleged assault that was filed in 2021. The claim, which will be heard by a jury in the High Court, was originally scheduled for late June or early July. McGregor, who denies all wrongdoing, requested the case be postponed to November to avoid conflict with his UFC fight against Michael Chandler on 29 June in Las Vegas. The plaintiff's counsel opposed the adjournment, citing the plaintiff's long wait for a hearing and the media attention the case has attracted. Judge Alexander Owens granted the adjournment to November, noting that the case would likely proceed then and that the hearing would last about two weeks. McGregor's legal team also reached an agreement with the plaintiff regarding pre‑trial discovery matters. The claim is one of two filed against McGregor over alleged 2018 incidents, and all allegations remain denied.

2024-05-30 · Ireland

Ex-MD of hair company owned by mother of his child wins €86k for unfair dismissal

Donal O'Meacair, former managing director of Zero One Hair Salon, was awarded €86,000 for unfair dismissal after the company's representatives withdrew from a Workplace Relations Commission hearing and declined to contest the case. The tribunal found that the dismissal, effected by the owner's mother while the owner was on extended sick leave, was unlawful under the Unfair Dismissals Act 1977, the Payment of Wages Act 1991, the Minimum Notice and Terms of Employment Act 1973, and the Organisation of Working Time Act 1997. O'Meacair had earned €1,000 a week at dismissal in April 2022 and had not received salary for a month. He also claimed unpaid wages, notice pay, and pay in lieu for 15 days of untaken annual leave. The adjudicator awarded €78,000 for unfair dismissal and €8,000 for unpaid wages, notice, and leave pay, totaling €86,000.

2024-05-29 · Dublin

Court orders man's arrest over failure to vacate ESB substation

The High Court has ordered the arrest of Glen Oglesby for alleged contempt of court following his refusal to vacate an ESB substation in Dublin city centre. Mr Justice Mark Sanfey granted the order after the ESB, represented by John Punch SC, alleged that Oglesby had failed to comply with earlier orders to remove his caravan from the Gloucester Place Upper site. The ESB claims the property is unsafe for habitation, while Oglesby disputes this, stating he has nowhere else to go. Although Oglesby previously promised the court he would leave and arrange for the removal of his possessions, he allegedly placed a lock on the site gate, preventing ESB access. The judge found Oglesby in contempt of court and directed the Gardaí to arrest him, while expressing hope that the matter could be resolved without committal to prison. Separately, the ESB has brought trespass proceedings against Paul Oglesby, Glen's brother. However, Glen Oglesby told the court that Paul does not reside on the site, and the plaintiff did not seek an order for Paul's attachment. The case was heard at the hearing_or_decision stage.

2024-05-29 · Dublin

Court rejects student's challenge against Leaving Cert Chinese

The High Court dismissed a secondary school student's claim that the Leaving Certificate Mandarin Chinese marking scheme discriminates against those who use traditional Chinese characters. The student, a Taiwanese-born learner taught in traditional characters, alleged that exam markers would refuse to accept traditional characters and that the curriculum required simplified characters, thereby disadvantaging him. He also claimed the Minister for Education had unlawfully consulted with the Chinese Ministry of Education and that the Chinese Embassy was drawing up the curriculum. The court, presided over by Mr Justice Garrett Simons, rejected all allegations, stating the student failed to show the marking scheme breached the 1998 Education Act. The judge noted that traditional characters are not deemed incorrect, that the marking scheme allocates only 15‑20% of marks to written Mandarin, and that all candidates are assessed objectively against the same syllabus and marking scheme. The respondents denied any flaw or discrimination in the examination.

2024-05-29 · Dublin

Inclusion of Ogle's name in organisational document would have been 'controversial', Unite officer says

During a Workplace Relations Commission hearing on a disability discrimination complaint by Brendan Ogle against Unite, senior Unite officer Tom Fitzgerald testified that including Ogle's name in an organisational chart would have been "controversial" because it could be seen as suggesting his duties. Fitzgerald explained that he had been promoted to regional coordinating officer while Ogle was on sick leave and that he had been told by line manager Jackie Pollock that Ogle did not want to work in Dundalk. Fitzgerald said he understood Ogle would remain a regional industrial officer but work from Dublin. He denied that Ogle had been told by Unite's general secretary Sharon Graham that he was excluded from a Republic of Ireland plan, and stated that the organisational chart presented on 20 December 2022 did not include Ogle. The hearing concluded with the case adjourned for closing arguments on 18 June.

2024-05-29 · Kerry

Family members plead not guilty to Rathass Cemetery murder

At a Cork sitting of the Central Criminal Court, five family members and a teenager pleaded not guilty to the murder of Thomas 'Tom' Dooley, 43, during a funeral at Rath Cemetery, Rathass, Tralee, on 5 October 2022. The accused include Patrick Dooley (36), Thomas Dooley Senior (43), Thomas Dooley Junior (21), Michael Dooley (29), Daniel Dooley (42) and an unnamed teenager. Thomas Dooley Junior is also charged with assault causing serious harm to Dooley's wife, Siobhán. The trial may last over two months, potentially until 31 July, and is expected to start next week.

2024-05-29 · Dublin

Trial of barrister accused of murder, set down 18 months ago, adjourned with 'considerable reluctance'

The Central Criminal Court has adjourned the trial of Diarmuid Phelan, a senior barrister accused of the murder of Keith Conlon. Phelan, 55, is charged with killing Conlon, 36, at Hazelgrove Farm in Tallaght on February 22, 2022. Conlon died two days later at Tallaght University Hospital. The trial, originally scheduled to begin before Ms Justice Siobhan Lankford, was delayed until October 7. Defence counsel Sean Guerin SC requested the adjournment, stating the case was not ready to proceed from the defence perspective. The prosecution, represented by Sean Gillane SC, expressed disappointment at the late application but did not oppose it. Ms Justice Lankford expressed considerable reluctance to delay the matter, noting the case had been listed for 18 months. She ordered a progress report on July 22 to ensure the trial proceeds in October. Phelan, who was present in court, was remanded on continuing bail until October. His bail was previously granted by the Court of Appeal after the High Court initially refused it, requiring two bonds of €50,000 each from Phelan and his sister.

2024-05-29 · Dublin

'Vulnerable' taxi driver who took possession of loaded handgun is jailed

Anthony Walker, a 54-year-old taxi driver, was sentenced at the Special Criminal Court to concurrent terms of five years' imprisonment on two charges of possessing a firearm and five rounds of ammunition. Walker pleaded guilty to possessing a .38″ special calibre Smith & Wesson revolver and ammunition on November 23, 2021. Mr Justice Paul Burns suspended the final 18 months of each sentence for three years, during which Walker must engage with probation services. The judge described Walker as a "psychologically vulnerable" man who acted in a "moment of madness" while transporting the weapon for Ryan Kelly. Kelly, who pleaded guilty to possessing the same firearm and ammunition, was jailed for six years in January for his role in a "sophisticated enterprise." Walker was intercepted by armed gardaí after receiving the gun from Kelly, who was arrested separately with three other men. The court noted Walker's history of abuse, mental health issues, and remorse, deeming him a good candidate for rehabilitation despite his involvement in a larger plan. Walker's counsel highlighted his lack of prior serious convictions and his fear for his family if he named others involved.

2024-05-29 · Ireland

Eight charged over largest cocaine seizure in history of State have cases transferred to non-jury court

Eight men charged in connection with the largest cocaine seizure in Irish history have had their cases transferred to the Special Criminal Court. State solicitor Ciara Vibien successfully applied for the transfer, arguing that the non-jury court is necessary to secure the effective administration of justice. The charges stem from the seizure of approximately 2.25 tonnes of cocaine, valued at over €157 million, from the Panamanian-registered vessel MV Matthew in September 2023. The accused are Vitaliy Lapa, Mykhailo Gavryk, Vitaliy Vlasoi, Jamie Harbron, Soheil Jelveh, Harold Estoesta, Saeid Hassani, and Cumali Ozgen. Lapa and Harbron are accused of possession of drugs and contributing to criminal organisation activity. The remaining six men face similar organised crime charges, along with allegations of illicit traffic by sea and misuse of drugs. The vessel was interdicted by a joint task force including the Revenue Customs Service, Naval Service, and An Garda Síochána, with Army Rangers securing the ship before it was escorted to port. The matter is currently at the trial stage, with all charges alleged or contested. No pleas, findings, sentences, or finalisations have been recorded, and the case has not been concluded.

2024-05-29 · Tipperary

Judge has sentence hearing for attempted rape and sex abuse of six young men adjourned

Gerard O'Brien, a former Circuit Court judge aged 59, had his sentencing hearing for attempted rape and sexual abuse of six young men adjourned to Friday. He was convicted in December at the Central Criminal Court of one count of attempted anal rape and eight counts of sexual assault involving six victims, all of whom were aged 17 to 24 at the time of the offences, which took place in Dublin between March 1991 and November 1997. O'Brien, who taught at CBC Monkstown and was aged 27 to 33 during the incidents, pleaded not guilty to all allegations. He had no prior convictions and resigned from the judiciary in January after being appointed in 2015. The court noted his rare congenital condition, Phocomelia, caused by Thalidomide, which left him without upper limbs and missing a lower limb, requiring assistance with daily tasks.

2024-05-29 · Dublin

Aaron Brady sentencing hearing adjourned

The Special Criminal Court adjourned the sentencing hearing for Aaron Brady, who murdered Detective Garda Adrian Donohoe, and the related proceedings concerning Brady's alleged campaign of witness intimidation during his 2020 trial. The court was also scheduled to hear evidence on Dean Byrne, who denies conspiring with Brady to pervert the course of justice. Mr Justice Paul Burns announced that the verdict on Byrne is not yet ready and adjourned both matters to 14 June. Byrne, aged 30, is accused of conspiring with Brady in Mountjoy Prison between 8 April and 22 June 2020 to persuade prosecution witness Daniel Cahill not to testify at Brady's murder trial, an act intended to pervert the course of justice. Byrne pleaded not guilty. Brady, aged 33, was previously convicted of Donohoe's murder in 2013 and has pleaded guilty to a 2020 charge of recording a witness interview to pervert the course of justice.

2024-05-28 · Dublin

Brendan Ogle's claims 'preposterous', senior Unite official says

During a sixth day of the Workplace Relations Commission hearing, Brendan Ogle's disability discrimination complaint under the Employment Equality Act 1998 was heard. Ogle, who returned to work after treatment for throat cancer, accused Unite of failing to provide reasonable accommodation, victimisation and harassment. Senior Unite officer Tom Fitzgerald testified that he was not involved in any plan to remove Ogle. Fitzgerald denied that he had told Ogle that Unite's new general secretary Sharon Graham had directed him to exclude Ogle from a new strategy for Ireland. He said he had no record of such a meeting and that any whiteboard drawings were made by Ogle. Ogle's allegations were based on emails and a Facebook post by his wife. The tribunal will adjourn to tomorrow morning for cross‑examination of Fitzgerald.

2024-05-27 · Louth

Mandy La Combre gives evidence about Brendan Ogle Facebook posts

In a Workplace Relations Commission hearing, former Unite boss Mandy La Combre testified that her husband Brendan Ogle's Facebook post on 11 September 2022 criticised the union and was intended to pre‑empt "trolling" from council water workers upset over an industrial agreement. La Combre said she feared a repeat of earlier online harassment and wanted to "put it to bed." She claimed Ogle had been "frozen out of staff and activist meetings" and that a move to a reduced role in Dundalk had been attempted. The union's former chairman, Tony Woodhouse, had spoken at a conference about "lies" on social media, prompting Ogle to issue legal proceedings against Woodhouse for defamation. Unite's counsel argued that La Combre's post was a "hand grenade" and that the Irish Examiner had published her contact details. The tribunal heard that Ogle's lawyers failed to secure a summons of Unite's general secretary, Sharon Graham, as a witness.

2024-05-24 · Ireland

Worker sanctioned for absenteeism when he was on sick leave wins three weeks' wages

A Workplace Relations Commission adjudicator ruled that an employer breached the Sick Leave Act by disciplining a worker for absenteeism that included certified sick leave. The applicant, identified as Mr F, was a customer service advisor earning €12.70 per hour. He received a written warning in November 2023 following an absence on 12 October 2023, which he claimed was due to flu-like symptoms and supported by a doctor's note. The employer, a service provider to the financial services sector, argued the warning was justified by a history of unplanned absences and denied breaching the Act. Adjudicator Emer O'Shea found that the disciplinary action was linked to the claimant's absence on statutory sick leave, constituting a breach of the legislation. However, she found no evidence of penalisation as alleged. The adjudicator awarded Mr F €1,428.75, equivalent to three weeks' pay, for the breach. This is only the second time an employer has been found to have violated the Sick Leave Act since it came into effect in early 2023. The decision was anonymised due to a parallel Industrial Relations Act complaint heard behind closed doors. Separately, Minister of State Emer Higgins stated that further expansion of the sick leave scheme in 2025 is subject to economic assessment, citing business concerns over labour regulation costs.

2024-05-23 · Dublin

HSE ordered to reexamine recruitment policy after ageist discrimination

The Health Service Executive (HSE) was ordered by the Workplace Relations Commission (WRC) to review its recruitment policy and pay €1,000 to Anthony Cummins for age‑related discrimination. Cummins, a 22‑year veteran of part‑time relief cover at the National Drugs Treatment Centre, had his application for a permanent role rejected by an external recruiter who used software to filter candidates. The WRC found that the HSE's insistence on a Health Care Assistant (HCCA) Level 5 certification, which Cummins did not hold, amounted to indirect age discrimination. The HSE argued the requirement was well‑known and part of national frameworks, but the adjudicator noted that many experienced staff were kept in place without the qualification to keep centres open. Cummins had no complaints about his work or attendance, and the WRC directed the HSE to reconsider how prior learning and experience are weighed against formal qualifications.