Court archive

Court reports from 2024

2024-05-07 · Waterford

Virgin Media and TV correspondent agree to mediate dispute

Paul Byrne, a southern correspondent for Virgin Media, has taken his employer to the High Court over a disciplinary process he says is flawed. He was suspended after a live report on February 9 about a boy's death in County Waterford, in which he cited a claim that the boy had been drowned and placed in a car. The claim was later found false, but Byrne says he verified it with credible sources and that other outlets had published it. He alleges Virgin Media breached his contractual rights, that the disciplinary hearing was unfair, and that the process could lead to dismissal for gross misconduct. Byrne seeks injunctions to stop the proceedings, to lift his suspension, to have his salary paid and to prevent the appointment of a replacement. Virgin Media rejects the allegations, calling the breach "serious in nature" and stating it will take steps to avoid a repeat.

2024-05-07 · Dublin

Teen charged with murder of gunman Tristan Sherry gets bail on appeal

A 17‑year‑old charged with the murder of gunman Tristan Sherry, who shot and killed Jason Hennessy Senior on 24 December 2023, was granted bail after appealing a High Court refusal. The Court of Appeal upheld the refusal of bail for two other men, David Amah (18) and Michael Andrecut (22), who were also charged with Sherry's murder. The teenager's bail is subject to conditions such as staying away from named individuals, observing a curfew from 11 am to 7 pm, surrendering his passport, signing on twice a week and residing at a specified address. Amah and Andrecut remain in custody because the court found their flight risk significant and could not be mitigated by bail conditions. The court noted that the entire incident was captured on CCTV, giving the defendants full knowledge of the case against them.

2024-05-07 · Dublin

Ex-Astronomy Ireland employee who said finance work was taken away when she 'started to ask questions' wins €2k for rights breaches

The Workplace Relations Commission awarded Nicole Doyle, a former administrator at Astronomy Ireland, €2,153.88 in compensation for employment rights breaches. Doyle, who worked in Ballycoolin, Dublin 11, between July 2022 and February 2023, alleged that the organisation failed to provide written contractual statements as required by the Terms of Employment (Information) Act 1994. She claimed her financial responsibilities were removed after she questioned the legality of certain operations and that she was subjected to a non-disclosure agreement. Astronomy Ireland failed to enter an appearance before the tribunal in February. Adjudicating officer Roger McGrath found that the burden of proof lay with the employer to disprove the claims, which it failed to do due to its absence. The adjudicator upheld all three complaints, finding breaches regarding the failure to provide a core written statement within five days, a more expansive statement within 30 days, and written notification of changes to terms. Doyle was accompanied by Sonya Martin, her former line manager, who stated she witnessed similar grievances and is pursuing her own workplace rights claim. The decision resulted in an award of four weeks' pay as compensation for the established breaches.

2024-05-07 · Dublin

Tallaght Familicide: Andy Cash gets three separate life sentences after pleading guilty to murdering sister and eight-year-old twins

Andy Cash, 26, was sentenced at the Central Criminal Court to three mandatory terms of life imprisonment for the murders of his siblings, 18-year-old Lisa Cash and eight-year-old twins Christy and Chelsea Cawley. Cash pleaded guilty to all three counts of murder, which occurred at their family home in Rossfield Avenue, Tallaght, Dublin 24, in the early hours of September 4, 2022. Mr Justice Paul McDermott imposed a life sentence for each count, with the sentences to run concurrently. The sentences were backdated to September 4, 2022, when Cash entered custody. During the hearing, Detective Garda Robert Whitty testified that the scene was one of "carnage," with post-mortem examinations revealing 71 injuries to Lisa Cash, 107 to Christy Cawley, and 65 to Chelsea Cawley. A victim impact statement from the family described the loss as devastating. Defense counsel Brendan Grehan SC conveyed Cash's apology for his actions. The judge noted the evidence was deeply traumatising and stated that his function was to impose the only applicable sentence for such appalling circumstances. The matter was concluded with the imposition of these concurrent life sentences.

2024-05-03 · Laois

'€1 million in silver and gold': boglands dispute comes before High Court

Bord na Mona Biomass Ltd (BNM) brought a case to the High Court over alleged unlawful peat harvesting by Mr Liam Gorman at Garrymore Bog, Tinnahinch, Co Laois. BNM claims it acquired the bogland from Gorman's family in October 2023 and that Gorman, who has been milling peat on the site for over 30 years, has built a road from his own lands onto the property and removed peat from 390 acres of a 400‑acre site. BNM says it owns 87 of the 94 plots and is concerned that Gorman's commercial activities damage the bog. Gorman denied trespassing and threatened that if BNM cannot prove ownership he would be owed €1 million in silver and gold. The court granted a temporary injunction restraining Gorman from trespassing, working on the land or removing material, and the matter was adjourned to a next‑week hearing.

2024-05-03 · Dublin

Man accused of unlawfully residing at ESB substation claims he has 'nowhere else to go'

In a High Court hearing on 3 May 2024, Glen Oglesby claimed he had been living in a caravan on the ESB's Gloucster Place Upper substation site in Dublin 1 and said he had "nowhere else to go." He warned that if forced to leave, he might end up in homeless shelters or turn to drugs. Oglesby said local residents had not objected to his presence and admitted ownership of a Doberman Pinscher on the site. He also stated that the ESB had previously brought proceedings against his brother, Paul Oglesby, who he said was not the person residing there. The ESB's counsel argued that the person on the site was Paul, not Glen, and requested that Glen be added as a defendant. Judge Mark Sanfey agreed to add Glen to the action, adjourned the case to a later date in the month, and urged him to prepare a response.

2024-05-03 · Dublin

Jail for Malaysian man who smuggled two women into country

Tie Yuen Seng, a 46‑year‑old Malaysian man with no fixed abode, was sentenced at Dublin Circuit Criminal Court to two years in prison for smuggling two women into Ireland and for possessing fraudulent travel documents. He pleaded guilty to two counts of people smuggling and two counts of possessing fraudulent documents. On 2 September 2023, Seng arrived at Dublin Airport from Italy, claiming he was on holiday. Immigration officers searched his bags and found two Taiwanese passports that matched the two women who had travelled on the same flight and who presented at immigration control claiming no documentation and seeking asylum. Seng admitted he was paid to transport the women and that he had been offered a job in an Irish factory in return. He said he had fled Malaysia after a criminal gang pressured him and his sister, and had lived illegally in Italy for several years.

2024-05-03 · Dublin

Criminal with 163 priors made false passport application 'to break cycle of offending', defence claim

Patrick Doran, 35, who fled Ireland in 2012 and lived abroad for 14 years, obtained an Irish passport under a false name in an attempt to "break the cycle of criminal offending," according to the Dublin Circuit Criminal Court. Doran, who has 163 prior convictions—most for traffic offences—had no further convictions since leaving the country. He pleaded guilty to providing false and misleading information when applying for the passport on 13 September 2017. Gardaí discovered his passport during an investigation linked to another individual who supplied his details, and Doran was later arrested in New Zealand, extradited, and returned to Ireland voluntarily in November 2023. His wife and four children attended court. In his plea, his defence argued that Doran sought a fresh start and had established a business abroad. Judge Martin Nolan sentenced him to three years, backdated to his November 2023 arrest, emphasizing the seriousness of tampering with passport identity.

2024-05-03 · Dublin

Well-known Dublin jeweller fended off knife-wielding robber

Raider Ian Byrne, 41, was sentenced to two and a half years in prison for an attempted robbery. The court heard that on November 15, 2022, Byrne allegedly attempted to rob John Brereton of Brereton's Jewellers on Capel Street while the victim, aged in his 70s, was opening the shop. Prosecutors stated Byrne was armed with a butcher's knife, but Mr. Brereton used a shutter pole to force him to back off. Byrne had previously pleaded guilty to one count of robbing a post office on Dorset Street, Dublin 7, and one count of possessing an imitation firearm on November 1, 2022. For those admitted offences, he was jailed for 21 months last December. In his defence, counsel Emmet Nolan BL described Byrne as a single man living with his mother who had an excellent work history until a knee injury led to drug addiction and debt. Judge Martin Nolan accepted Byrne was in desperate need of money but noted the seriousness of the offence involving a knife and an elderly victim. The judge handed down a sentence of two and a half years, to start from the date of sentencing.

2024-05-03 · Dublin

Protestor who reversed truck into gates of Russian Embassy cleared of dangerous driving by jury

A man from Ballinamore, Co Leitrim has been acquitted of dangerous driving following an incident at the Russian Embassy in Dublin two years ago. Desmond Wisley, aged 51, faced trial at Dublin Circuit Criminal Court on charges of dangerous driving and criminal damage after reversing a truck into the embassy gates on Orwell Road, Rathgar on 7 March 2022. The jury returned a unanimous not guilty verdict on the dangerous driving charge. However, jurors were unable to reach agreement on the criminal damage count. Judge Elva Duffy adjourned proceedings on the criminal damage charge until 16 May and remanded Mr Wisley on continuing bail. During the five-day trial, the court heard evidence that the gates required reconstruction at a cost of €13,250. Mr Wisley had acted in protest against the Russian invasion of Ukraine.

2024-05-03 · Dublin

'I am saying please': attacker tried to rape woman after following her to isolated bar toilets

In a Central Criminal Court hearing, Mohamed Mohamud Mohamed, 26, was sentenced for a 90‑second attempted rape and sexual assault that occurred on 12 November 2022 at a Dublin city‑centre bar. He followed a woman to the bar's isolated toilets, where he tried to rape her and asked her why she was screaming, saying "I am saying please." The victim's impact statement described how the attack left her unable to scream or use a high‑pitched voice for months, and how the fear of using a toilet has persisted. Mohamed pleaded guilty and had no prior convictions. Judge Paul McDermott imposed a headline sentence of seven years for attempted rape and four years for sexual assault, with the two sentences running concurrently for a total of five years and six months. He also ordered four years of post‑release supervision to protect the public.

2024-05-03 · Dublin

Teen sex attacker case suggests there is no place where a woman 'can necessarily feel safe', judge notes

In a High Court sentencing hearing, 19‑year‑old Joshua Doolan was convicted of aggravated sexual assault after he violently attacked a 43‑year‑old woman on a Dublin suburban street. The judge described the offence as "very disturbing" and noted the victim's testimony that the assault "irreversibly altered the course" of her life. Doolan, who pleaded guilty, was sentenced to seven years' custody with the final 18 months suspended on strict conditions. He was ordered to have no contact with the victim and to be supervised by Probation Services for three years after release. The judge highlighted mitigating factors such as Doolan's age, his diagnosis of Asperger's Syndrome, and his willingness to engage with counselling and probation services. The victim's impact statement detailed the lasting psychological trauma and the profound loss of safety and freedom she experienced following the attack.

2024-05-03 · Dublin

Unite General Secretary has taken 'extraordinary position' that she's not amenable to Irish law, Ogle's layers tell WRC

The Workplace Relations Commission adjourned a hearing concerning Brendan Ogle's complaint under the Employment Equality Act 1998 against trade union Unite. Ogle alleges he was sidelined in 2022 following his return from cancer treatment, claiming a directive from general secretary Sharon Graham excluded him from a new Ireland strategy. His legal team applied to compel Ms. Graham to attend for questioning, arguing her position that she is not amenable to Irish law is extraordinary given her role and the union's Irish operations. Unite's counsel countered that the tribunal lacks jurisdiction to compel her attendance and that her evidence is unnecessary, citing a previous decision by adjudicator Kevin Baneham which refused to summon witnesses not called by the respondent. Counsel also referenced a comparison involving Tim Cook to illustrate that senior executives need not attend for policy changes. Adjudicator Elizabeth Spelman stated she would issue her decision on the application in writing before the next scheduled date. The matter was adjourned until that decision is communicated, and no final determination was reached at this stage.

2024-05-03 · Dublin

WRC criticises 'cynical' use of Covid to oust restaurant founder and sons from group

In a 2024 WRC ruling, the tribunal found that after PBR Restaurants Ltd was bought out of examinership in December 2019, the new management used the Covid‑19 pandemic to carry out a "blinkered, cynical" redundancy process that targeted founder Padraic Hanley and his three sons. The tribunal awarded Stephen Hanley €61,549 in total, including €46,385 for unfair dismissal, €13,800 statutory redundancy, €11,596 for a working‑time breach and €3,568 for a failure to provide written terms. His brothers David and Phillip received €20,000 and €30,000 respectively for unfair dismissal, while their father received €5,500 for a breach of the Terms of Employment (Information) Act but failed in his dismissal claim. The decision brought the total awards to the Hanley family to over €117,049, and PBR Restaurants Ltd was ordered to pay €130,318 to former employees who alleged unfair dismissal following the buyout.

2024-05-02 · Dublin

Taxi driver who secretly filmed lodger in shower sent to jail to 'think about what he did'

Le Wang, 42, a taxi driver from Dundrum, was found guilty of harassing a Chinese student who had rented a room in his house. Between December 2022 and March 2023, Wang secretly filmed the student twice while she showered and attempted a third time when she discovered his phone hidden in a laundry basket. He threatened her with retaliation if she exposed the videos, sent harassing texts demanding she leave, and repeatedly tried to contact her via social media, culminating in 18 attempts before the harassment ceased on 11 March 2023. Gardaí seized his phone, uncovering the two videos and related screenshots. Wang had no prior convictions, cooperated with investigators, and was described as introverted with a low risk of reoffending. He was remanded in custody for two weeks pending sentencing on 16 May, where the judge will consider the case further.

2024-05-02 · Dublin

Court to rule on whether to direct acquittal in Garda murder witness conspiracy trial

The Special Criminal Court will decide next week whether to direct the acquittal of Dean Byrne, a 30‑year‑old from Cabra Park, Phibsborough, Dublin, who is accused of conspiring with Aaron Brady to persuade witness Daniel Cahill not to give evidence at Brady's murder trial. Byrne's lawyers argue that he genuinely believed Cahill would perjure himself and that his motive was to prevent an injustice, requesting the court to direct an acquittal. The Director of Public Prosecutions, represented by Lorcan Staines SC, counters that any attempt to persuade a witness not to give evidence is an attempt to pervert the course of justice, and that such concerns can be addressed by providing information to the Gardaí or the DPP. The case, which has been heard for two days, will be judged by the three‑judge panel on Tuesday.

2024-05-02 · Dublin

Tallaght pub 'completely stripped bare' of €250k fixtures, High Court told

In a High Court hearing, Kevin McCarthy and Wealth Options Trustees Ltd claim that a Tallaght pub was "completely stripped bare" of equipment, fixtures and fittings worth €250,000 after the departure of a previous tenant. The plaintiffs allege that MPK Bars Limited and its director Kevin O'Shea, who leased the premises from the former tenant in 2018, removed the items without consent. The pub, located at Tuansgate, Begard Square East, covers 1,450 square metres over two floors and a basement, and holds a seven‑day publican's licence. The removal allegedly occurred in late 2023, after the parties could not agree on a new lease. McCarthy says the loss of the equipment will cost €250,000 to replace and could jeopardise licence renewal in September. He seeks an injunction to restore the property and a return of the licence. The case was adjourned to a later date this month.

2024-05-02 · Dublin

Drunk, banned driver who drove into group in racially motivated incident is jailed

Darren Mulholland, 39, was jailed for three and a half years after driving a Ford Focus into a group of Indian and Pakistani men on School Road, Finglas, on 18 November 2019. The car struck one man, carrying him on the bonnet for five to ten metres before the vehicle crossed the green and left the scene. Mulholland, who was intoxicated and had been disqualified from driving for 15 years, pleaded guilty to endangerment and driving without insurance. Dashcam footage and a victim impact statement showed the injured party suffering soft‑tissue injuries and ongoing health problems attributed to the incident. The court found the attack was racially motivated and imposed the sentence, also extending Mulholland's driving disqualification to six years. The judge noted his addiction and mental‑health issues but considered them mitigating factors. The case was prosecuted by Diana Stuart BL and defended by Derek Cooney BL.

2024-05-02 · Dublin

Violent offender heartlessly attacked partner on day their baby died

A 32‑year‑old man was sentenced to three years' imprisonment for three counts of assault causing harm against his partner in a Dublin suburb between July and September 2023. The court heard that the defendant repeatedly attacked the woman, including on the day their baby died and after the funeral. He kicked her in the head and legs, threw bottles and plates, and hit her with a bottle of bleach. The victim fled but was tripped and fell, sustaining injuries that required hospital treatment. The defendant had 29 prior convictions, including assault and endangerment of the same woman. He pleaded guilty, denied the allegations during questioning, and has been in custody since his arrest on 16 September 2023. Judge Orla Crowe described the attacks as "nasty, heartless" and sentenced the defendant to three years on each count, to run concurrently and back‑dated to his custody date.

2024-05-02 · Dublin

Drugs mule told gardai he was 'shocked' when 'small package' turned out to be cannabis worth €300k

Kevin Murphy, 41, of Tallaght, admitted to possessing 15 kg of cannabis worth almost €300,000 after a delivery he expected to be a small package turned out to be large black bags. He pleaded guilty to possession for sale or supply at his Mountain Park address on 20 February 2023. Gardaí Brian Foran described how a delivery was made in a BMW jeep, with other men transferring the bags into Murphy's vehicle. Thirty vacuum‑packed packages were seized, valued at €298,760. Murphy, who has seven prior convictions including three for assault, was sentenced by the Dublin Circuit Criminal Court to four years' imprisonment. The court noted his remorse, family tragedies, health issues, and recovery progress, and accepted that he was merely a transporter and holder, not the owner of the cannabis.

2024-05-02 · Offaly

No jail for man (26) caught with 54 child abuse images and videos

Gavin Belmont, 26, of Clondalkin, received a two-year suspended sentence at the sentence stage after pleading guilty to possessing child abuse material. The defendant admitted to possessing 54 explicit images and videos on a mobile phone at his home on May 24, 2022. Prosecution evidence indicated that the Garda Online Child Exploitation Unit identified activity on the Kik messaging app linked to Belmont's username and email address. Following a search warrant, gardaí recovered the phone, which contained the explicit material. Belmont cooperated with the investigation, providing his device and password, and has no previous convictions. The court heard that he attended counselling immediately after the discovery and expressed significant remorse for the impact on his family. Judge Martin Nolan handed down the fully suspended sentence, noting that while the material was at the explicit end of the scale, Belmont's early guilty plea, full cooperation, and lack of prior record were mitigating factors. The judge emphasized that possessing child pornography is not a victimless crime. Belmont was ordered to be of good behaviour and to abide by the instructions of probation services for the duration of the suspended sentence.

2024-05-02 · Ireland

'Get on if you're going': bus driver treated mother of disabled children unacceptably

In a complaint under the Equal Status Act 2000, a woman with two disabled children was denied boarding by a bus driver who shouted, "Get on if you're going," despite her presenting a travel card and explaining she was a carer. The incident occurred on 26 July 2023 in heavy rain, with the woman standing in the rain and allowing other passengers to board first. The driver's behaviour was described as treating the family "as if he was doing them a favour." The bus operator, which did not name itself, responded that the driver was identified and interviewed, but the driver had left the company during an internal disciplinary process. The Workplace Relations Commission found the woman discriminated against on disability grounds and ordered the company to pay €5,000 in compensation. The company apologized for a lack of communication and offered further assistance to the complainant.

2024-05-02 · Ireland

Nurse who claimed he witnessed care home worker pour water over resident loses whistleblower claim

Gerard Foy, an agency nurse at an HSE-run care home for people with intellectual disabilities, claimed that he witnessed a colleague, Ms A, pour water over a resident's head and that he reported the incident to management. He said he was later told he had breached GDPR by discussing the event with other colleagues and was required to complete data‑protection training and apologise to Ms A. Foy alleged that the HSE's handling of the matter, including a meeting with regional director Eva Hayes, led to his isolation, reduced hours, and failure to secure a permanent staff nurse position. He filed whistleblower complaints under the Protected Disclosures Act 2014 and the Safety, Health and Welfare at Work Act 2005 in May 2022.

2024-05-01 · Dublin

Trusted money mule for gang was 'stooge for others', defence suggest

Dorothy Roe, 37, pleaded guilty to possession of proceeds of crime after authorities found €42,430 in cash in her car. She kept ledgers at home and owned a Hyundai with a concealed compartment, though she had no expertise to install it. Defence argued she acted as a "stooge" for others, motivated by a brother's drug debt and her own addiction. Gardaí had surveilled her following confidential tips, noting her visits to properties in Lucan and Clondalkin and a stop at Bluebell where the cash was seized. Roe admitted possession, expressed remorse, and cooperated. She has no prior convictions for this type of offence, receives social welfare, and is a carer for her son and mother. The case was adjourned to July 8 for a probation report.

2024-05-01 · Meath

Fraudster caught driving around in Jaguar with fake cheque

Michael Tuzuka, 46, of Orchard Drive, Stamullen, pleaded guilty to 11 counts of using false instruments for counterfeit cheques totalling €98,250, lodged between March and April 2018 at branches of Permanent TSB in Drumcondra, Swords, Malahide, Ashbourne and Drogheda. Gardaí, alerted by Permanent TSB on 12 April 2018, identified Tuzuka on CCTV making the lodgements and later spotted him driving a Jaguar to another bank at about 1 am. The cheques were immediately flagged by bank software and frozen, so no loss was incurred. Tuzuka had 11 prior convictions, including theft and abusive behaviour, and had previously served a three‑year sentence during which he contracted TB. Judge Martin Nolan sentenced him to three years' imprisonment, noting his cleverness but that he was defeated by the software. The court heard he had struggled to find work after release and was motivated by a desire to support his family.

2024-05-01 · Dublin

Criminal accused of attempting to persuade garda murder trial witness not to give evidence was 'trying to secure justice', defence claim

Dean Byrne, 30, of Cabra Park, Phibsborough, Dublin, is on trial in the Special Criminal Court for conspiring with Aaron Brady in Mountjoy Prison to persuade prosecution witness Daniel Cahill not to give evidence at Brady's murder trial. Byrne's defence, led by Padraig Dwyer SC, argues that Byrne genuinely believed Cahill would perjure himself and that any attempt to persuade Cahill was an attempt to secure justice, not to pervert it. Dwyer contends that the indictment is unclear and lacks evidence of wrongdoing, noting that Byrne and Brady were in prison while Cahill was in New York, making persuasion unlikely. Prosecution counsel Lorcan Staines SC counters that any interference by a private citizen, even with a benign motive, is an intentional act that interferes with public justice.

2024-05-01 · Laois

Developer accused of thinking he is 'God Almighty' apologises over injunction breaches

A developer, Noel Martin Senior, has apologised in the High Court for breaching an injunction that prohibited him from contacting Alan O'Neill and June Finnegan, who have sued him over ownership of a garage adjacent to their home in Portarlington, Co Laois. The couple, who have kept exotic pets in the garage, secured the injunction last month after alleging that the defendants, including Martin Senior and Drumgoan Developments Limited, threatened and intimidated them. The court heard that Martin Senior had breached the order on two occasions since it was granted, prompting the couple to seek his attachment and possible committal to prison. During the hearing, Mr Justice David Nolan noted that Martin Senior was not in court initially and directed him to attend to answer the breach allegations. When Martin Senior appeared, he apologised, stating that his actions were a 'genuine mistake' and a misunderstanding. He claimed he did not know he was required to attend the Four Courts when the matter was called on. The judge warned Martin Senior that the breach of a court order is a 'very serious matter' and told him, 'You may think you are the Lord God Almighty, but you are not.' Martin Senior's lawyers stated that there had been no repeat of the breach after the second incident and that the parties had been attempting to resolve matters outside of court. Martin Senior denied making complaints to the Irish Society of Prevention of Cruelty to Animals about the plaintiffs and stated that he had driven over two hours to be present in court. The judge accepted Martin Senior's apology but said he would impose a penalty, which could be a fine or a term of imprisonment, due to the breaches of the court order. The judge also said he would consider submissions from both parties' lawyers on the issue when the case returns. The matter was adjourned for two weeks, with the injunction and undertakings granted by the defendant left in place in case of any future breaches.

2024-05-01 · Dublin

Judge tells money mule to find job and raise compensation for student accommodation scam victims

In a Dublin Circuit Criminal Court hearing, Judge Sarah Berkeley adjourned the case of Martin Awoke, a 26‑year‑old from Tallaght, to July 8, giving him an opportunity to avoid prison by raising compensation for two victims who paid a total of €9,820 for student accommodation in Limerick. Awoke pleaded guilty on 12 August 2022 to handling the proceeds of crime, but the court noted his role was limited to allowing his bank account to be used; he had no involvement in the scheme itself. He had no prior convictions, had recently lost his job, and had cooperated with Gardaí. The judge directed a probation report and suggested Awoke find new employment to help pay the victims, who had lost money intended for their children's college. The judge emphasized that Awoke could choose to comply or go to custody, and requested payslips and documentation for the next hearing.

2024-05-01 · Offaly

Primary school sues over alleged failure to hear appeal against SNA refusal

The Board of Management of Shinrone National School in Co Offaly has initiated High Court proceedings after the National Council for Special Education (NCSE) refused to allocate additional Special Needs Assistants (SNAs). The co‑educational primary school currently employs five mainstream teachers, two Special Education Needs teachers, an autism class teacher and six SNAs. Late last year the school applied for more SNAs to accommodate an expected increase in students requiring support. The NCSE rejected the application, and the board appealed to the NCSE's Independent Appeals Advisory Committee, which has the final decision. The board argues that the appeal has not yet been scheduled for hearing, claiming a breach of fair procedure and urgent need as the current school year ends.

2024-05-01 · Ireland

Woman discovered boyfriend was sexually assaulting her as she slept after phone analysis

A 25‑year‑old man pleaded guilty to rape, attempted rape and recording a woman without consent between September and October 2021. Gardaí analysed his phone after the woman, who had contacted a sexual‑violence hotline in November 2021, reported that he had been sexually assaulting her while she slept and had taken videos of her in that state. The videos showed her snoring and the man attempting sex and assaulting her while she was unconscious. The court heard that the woman had previously reported a rape in October 2021, that she had been sleeping deeply due to insomnia medication, and that the man had taken magic mushrooms on the day of the rape. Mr Justice Paul McDermott imposed a six‑year sentence with the final 12 months suspended on strict conditions, including keeping away from the victim, engaging in treatment recommended by the Probation Service and remaining in contact for three years.

2024-05-01 · Kildare

Restaurant boss who claimed worker left 'happy' with €300 'golden handshake' loses dismissal case

Caitlin Kavanagh, a part‑time takeaway worker at Goodwill Catering Ltd (the Peony Garden) in Prosperous, Co. Kildare, was dismissed by text after she requested a €1‑per‑hour raise for additional tasks the new owner demanded. The owner, who claimed Kavanagh had left "happy" and received a €300 "golden handshake", was found by the Workplace Relations Commission to have breached her fundamental rights. The tribunal heard that the owner sent multiple texts on 27 June 2023 stating she was no longer an employee and that Kavanagh would need to sign a new contract to keep her job. No dismissal procedures were followed. The commission awarded Kavanagh €896 in compensation, covering eight weeks' wages. The case confirms the dismissal was unfair under the Unfair Dismissals Act 1977.

2024-05-01 · Cork

Date set for Richard Satchwell murder trial

Richard Satchwell, aged 57, faces trial for the murder of his wife, Tina Satchwell, aged 45, who was found buried beneath the stairwell of their shared home on Grattan Street, Youghal, Cork. The body was discovered in October 2023, more than six years after Tina was reported missing on 24 March 2017. Satchwell, a former British truck driver now resident in Cork for over 20 years, was charged with the murder on 20 March 2017. His defence, led by Brendan Grehan SC, plans to present extensive evidence, including witness interviews and media statements. The case, originating in Cork, is scheduled for a six‑week trial at the Central Criminal Court, with a trial date set for 28 April 2025. The case was listed for case management on 11 October 2023, and Satchwell was forwarded to the Central Criminal Court on 26 March 2024 after receiving the book of evidence.

2024-04-30 · Dublin

Company claims city building is being unlawfully occupied

Sumberry Limited, owner of a four‑storey former music shop on James Street, Dublin 8, has filed High Court proceedings alleging that up to 12 people, including Mr Stephen Bedford, are unlawfully trespassing on the property. The company bought the building in 2021 for €800,000 and secured planning permission last year to convert it into 11 apartments. It claims the building, previously boarded up and unoccupied, has been occupied by unknown parties since January. Sumberry says none of the alleged occupants have permission or a lawful reason to be there and that the building lacks suitable residential facilities, including a working fire alarm system. The plaintiff seeks an injunction to restrain the defendants from occupying the property, to prevent them from blocking access, and to order them to vacate. The case will return to the High Court next week.

2024-04-30 · Dublin

Woman attacked after shots fired on morning of communion

On the morning of a child's communion, shots were fired at Joanne Finnegan's mother's Dublin home, sparking heightened emotions. A woman from the opposing faction was later seen at a nearby Applegreen petrol station, where three women—Michelle Finnegan (38), Joanne Finnegan (37) and Caitlyn Donoghoe (22)—attacked her. They pulled her hair, dragged her down, kicked, punched and struck her head against the ground. CCTV footage was shown in court. The victim did not give a statement and was not seriously injured. Michelle and Joanne pleaded guilty to assault with intent to commit violent disorder and violent disorder respectively; Donoghoe pleaded guilty to violent disorder. Judge Martin Nolan, after hearing mitigating circumstances, suspended the two‑year sentences for Michelle and Joanne in full and, under Section 100, decided Donoghoe would not receive a criminal record, adjourned her case to July 24 and ordered good behaviour until then.

2024-04-30 · Dublin

Cocaine worth €70k 'inadvertently destroyed' after garda raid, court hears

Dominik Kaczmarek, 32, of Naas, Co Kildare, was sentenced at Dublin Circuit Criminal Court after pleading guilty to one count of possessing cocaine for sale or supply at his then home address in Tallaght on April 24, 2023. The court heard that gardaí seized two kilos of cocaine from his car during a raid, but one kilo was allegedly 'inadvertently destroyed' by officers before analysis, resulting in charges based on the remaining one kilo. Judge Martin Nolan noted Kaczmarek's long history of addiction and that third parties had exploited this to use him for drug transport. The judge handed down a five and a half-year sentence, suspending the final year on a number of conditions. Kaczmarek has previous convictions, including a prior two-year sentence for a drug offence. His defence counsel highlighted his dysfunctional family life, drug addiction, and lack of financial benefit from the offence. The matter was finalised with this sentencing.

2024-04-30 · Dublin

Jail for 'altruistic' smuggler who tried to bring Somalian woman into Ireland

Omar Adbuqadir, 31, was sentenced to 18 months' imprisonment for attempting to smuggle a Somalian journalist into Ireland. He gave her his wife's Swedish identity card, hoping she could enter Ireland via a flight from Madrid. An immigration officer at Dublin Airport noticed the card's photo did not match the woman's face, and her real identity documents were found after her luggage was searched. The journalist had paid about €2,800 to a man in Somalia, who connected her with Adbuqadir, and she has since been granted asylum in Ireland. Adbuqadir pleaded guilty to one count of people smuggling on 3 November last year. He has no prior convictions except minor traffic offences, and he has been in custody since entering the country. The judge accepted that he acted for "altruistic purposes" and back‑dated the sentence to the date he entered custody.

2024-04-30 · Dublin

Man living dangerously on ESB substation grounds, High Court told

The ESB has brought High Court proceedings against Paul Oglesby, who it says unlawfully moved his caravan onto ESB property at Gloucester Place Upper in Dublin 1 in late February. The site is part of a Dublin city centre substation that includes a 38 KV and a 10 KV substation. The ESB claims Oglesby has no legal right to be there and has refused to leave despite signs directing him to vacate. In March, Oglesby approached ESB staff, accompanied by Gardaí, with a Doberman Pinscher and insisted he would not leave. The ESB says the area around the substation is unsafe for anyone other than trained staff and contains underground cables. The company seeks injunctions to force Oglesby to vacate, surrender possession, remove belongings, stop damaging the property and cease entering the lands. Mr Justice Mark Sanfey granted the ESB permission to serve short notice of the proceedings, and the case will return to court later this week.

2024-04-30 · Donegal

Council worker wins €45k for pregnancy-related dismissal

A Donegal County Council employee has been awarded €45,000 by the Workplace Relations Commission for discriminatory dismissal related to her pregnancy. The council had renewed the woman's fixed-term contracts annually from 2015 onwards in its environmental division. Following notification of her pregnancy in February 2019, the council's approach altered significantly, with work ceasing and her role concluding the following May. The council argued the position was contingent on temporary EU funding and that permanent posts required public competition. Adjudicator Brian Dalton concluded the employee had acquired a contract of indefinite duration after accumulating over four years' service and held permanent status when announcing her pregnancy. He found an inference of discrimination in the pattern of contract renewals ceasing only upon pregnancy notification. The tribunal determined a pregnancy-related dismissal had occurred and awarded compensation for gender discrimination under the Employment Equality Act. No additional award was made under the Protection of Employees (Fixed-Term Work) Act 2003, as this would constitute duplicate compensation.

2024-04-30 · Dublin

Prosecution expected to complete evidence in Garda murder witness conspiracy trial

In the trial of Dean Byrne, a 30‑year‑old from Cabra Park, Phibsborough, the prosecution is set to finish its evidence tomorrow. Byrne, who was in Mountjoy Prison when arrested on 8 October 2020, is accused of conspiring with Aaron Brady to persuade witness Daniel Cahill not to testify at Brady's 2020 murder trial. Byrne denied owning a mobile phone found in his cell and denied knowing Brady or Cahill. He claimed the phone belonged to a former inmate and that any video or audio messages on it were not made by him. Byrne also denied that a threat to harm Cahill was an attempt to pervert the course of justice. The prosecution alleges Byrne's actions were intended to influence Cahill's testimony. The case is before a three‑judge court, and the prosecution's evidence will conclude tomorrow. The trial remains ongoing. Dean Byrne pleaded guilty.

2024-04-30 · Dublin

Criminal who received leaked data from Garda pulse system is jailed

Ryan Fitzpatrick (26) was sentenced at Dublin Circuit Criminal Court to four years' imprisonment for perverting the course of justice and corruptly offering a gift to access Garda intelligence. The court heard that Fitzpatrick pleaded guilty to attempting to destroy a mobile phone linked to a SIM card in Malahide on May 27, 2020, and to corruptly offering a gift to Lauryn McCann to influence her employment acts. Judge Martin Nolan noted that Fitzpatrick threw his phone into water during a raid, an act described as "crude but effective," though Gardaí salvaged the SIM card. This evidence linked him to messages with McCann, a former civilian employee who was jailed for two and a half years in November 2022 after admitting to corruptly agreeing to accept an inducement and disclosing Garda Pulse system files. McCann had sent approximately 70 photos to an individual referred to as "R" in exchange for cash. Fitzpatrick, who has 30 previous convictions, fled Ireland and was extradited via a European Arrest Warrant. The judge set a headline sentence of six years but reduced it to four years, with the final three months suspended, allowing for time spent in custody.

2024-04-30 · Dublin

Violent offender further jailed for attacking partner while on bail for same offence

A 36‑year‑old man, already on bail for assaulting his former partner, was jailed for an additional 18 months after breaking into her home and attacking her again. He pleaded guilty to criminal damage, endangerment, assault and trespass for the January 2021 incident. The court noted his 79 prior convictions and that he had previously received a three‑year sentence with six months suspended. Judge James O'Donohue described the new assault as "very bad" and "traumatising," citing the victim's fear and PTSD. He imposed a one‑year‑six‑month sentence for endangerment to run consecutively to the sentence he is already serving, crediting him for six months already served. The judge ordered counselling during custody and for six months after release. The case highlighted the victim's ongoing trauma and the defendant's expressed remorse and participation in educational programmes while in custody.

2024-04-30 · Ireland

Law firm ordered to pay €5k and retrain management after discriminating against solicitor

In a tribunal ruling on 30 April 2024, the employment tribunal found that Mason Hayes and Curran LLP had discriminated against senior associate solicitor Oisín Gourley, who was dismissed after six months' probation in August 2023. The firm had failed to consider reasonable accommodation for Gourley's long Covid and depression before deciding he had failed his probation. The adjudicator, Marie Flynn, ordered the firm to pay Gourley €5,000 compensation and to retrain its managers on disability policies within three months. The tribunal rejected Gourley's further claims of discriminatory harassment, victimisation and dismissal under the Employment Equality Act 1998. The decision noted that the firm had not assessed Gourley's fitness for the role or explored accommodation options, and that the dismissal was taken without such an assessment. No other outcomes were reported.

2024-04-29 · Ireland

School challenges Department's direction that it enrol profoundly disabled child of asylum seekers

A rural primary school has taken the Department of Education to the High Court to overturn a decision that it must enrol a profoundly disabled child whose family are asylum seekers. The school received an enrolment application last year, which was refused because the child did not meet the school's criteria and the school said it could not meet the child's needs. A three‑person committee set up by the Minister for Education reversed that refusal and directed the school to enrol the child. The school's board argues the committee's decision was flawed, citing the child's complex needs, lack of specialist support, health and safety concerns, and procedural issues such as the absence of a translator. The board seeks an order quashing the committee's decision and a remand to a new appeals committee. The case was adjourned to a hearing next month.

2024-04-29 · Limerick

Scout leader jailed for rape and abuse of cousins

A 61‑year‑old former Scout leader from Limerick was jailed for seven and a half years after a Central Criminal Court jury convicted him of rape and indecent assault. The convictions cover three incidents: a rape of a young cousin aged six to eight between 1979 and 1981, and indecent assault of two teenage sisters between May and September 1991. The accused, aged 15½ to 18 at the first incident and in his mid‑twenties at the later ones, denied the offences. Victims reported the abuse to Gardaí in 2019. The judge imposed a headline sentence of 12 years for the rape, but the final sentence was eight years, with the sexual assaults against the sisters carried out consecutively, giving a total of nine and a half years, of which two years were suspended. The court noted the impact statements of the three sisters, describing shame, guilt, and lasting emotional effects.

2024-04-29 · Dublin

Jail for man who followed and sexually assaulted woman with special needs

Abderrahmane El Aaour, 58, was sentenced to 21 months' imprisonment for sexually assaulting a 20‑year‑old woman with special needs in November 2016. The victim was in her second year of a special‑needs training course when El Aaour approached her outside a church, asked for a cigarette and then a coffee. She later agreed to go for coffee, but after a short time in the café he forcibly kissed her and touched her breasts. He then asked her to go to a hotel, she shook her head, but he took her hand and followed her onto the DART. He forced her to stay, stole her phone, and later called her. The woman's mother reported him, and he was arrested. El Aaour pleaded guilty at Dublin Circuit Criminal Court.

2024-04-29 · Sligo

Man whose surrender to Scotland was refused on humanitarian grounds to be extradited after new request

A 24-year-old man from Co Sligo is to be extradited to Scotland following a reassessment of his case by the High Court. The respondent faces charges in Glasgow Sheriff Court relating to an alleged firearms offence and assault that occurred in September 2021. He is accused of threatening another man with a firearm and causing serious injury through stamping, punching, kicking and eye-gouging. In June last year, Mr Justice Paul McDermott refused extradition on humanitarian grounds, citing concerns that Scottish prison conditions and mental health provision would constitute inhuman or degrading treatment. The prison was operating at 132 per cent capacity with inadequate recognition of neuro-developmental disorders. However, following fresh written assurances from Scottish authorities regarding tailored mental healthcare for conditions including ADHD, autism and depression, Ms Justice Melanie Greally today ordered surrender within twenty-five days. She found the new commitments amounted to material change in circumstances. Bail was granted on strict conditions, including daily signing at a Garda station and a €20,000 surety.

2024-04-29 · Dublin

Photos of key witness statement in Aaron Brady trial sent from prison phone, trial hears

During the Special Criminal Court hearing, a Mountjoy prison officer discovered a hidden mobile phone inside a sock in a wall cavity of Dean Byrne's cell. The phone, a black Sony, contained a Facebook account named Dean Byrne that had communicated with a relative of Daniel 'Dano' Cahill, a key witness in Aaron Brady's murder trial. Garda Orla Madden retrieved Facebook conversation records showing Byrne's attempts to prevent Cahill from giving evidence, including voice messages urging Cahill not to share his statements and claims that Cahill's testimony was false. Byrne, aged 30, is charged with conspiring with Aaron Brady to pervert the course of justice by persuading Cahill not to testify. The trial continues before Judges Paul Burns, Elma Sheahan and Marie Keane. The article reports only the discovery of the phone and the related communications, without detailing any trial outcome.

2024-04-29 · Dublin

Man with Down Syndrome challenges failure to assess him for social housing

David Johnstone, a 40‑year‑old man with Down Syndrome who lives with his family in Cabinteely, has filed a High Court challenge against Dun Laoghaire‑Rathdown Council. He seeks an order forcing the council to carry out a social housing assessment that meets the 2009 Housing Act. Johnstone says he can manage most basic needs but requires full‑time assistance to live safely and independently. He has been seeking assessment for over a decade and claims the council failed to identify suitable support after deeming him eligible in 2012. He argues this delay breaches his rights and the state's obligations. The case was granted permission by Ms Justice Niamh Hyland on an ex‑parte basis and is set to return to court next month. The proceedings involve the Minister for Housing, the Minister for Children, Equality, Disability Integration and Youth, and the Attorney General.

2024-04-29 · Dublin

Airport drone accused say they should not be tried under 'draconian' laws

Two men, Ainis Guzauskas and Eric Brils, are set to be tried in criminal court for allegedly flying drones too close to Dublin Airport. They have filed High Court challenges claiming that the 1975 Air Navigation and Transport Act's Section 6, which bars suspended sentences and probation, is disproportionate, draconian and unconstitutional. Guzauskas, a furniture mover, is charged under Section 3 for a July 2022 incident, while Brils, a company employee, faces a similar charge for a January 2023 flight. Both pleaded not guilty and are represented by Mark Lynam SC. Their judicial review seeks to prevent further prosecution under Section 3, declare Section 6 incompatible with the Constitution and the European Convention on Human Rights, and obtain orders from the court. Justice Niamh Hyland granted permission for the actions, with the cases scheduled to return next month.

2024-04-29 · Ireland

Veteran community worker sacked over pair of socks wins €15k

Geraldine O'Donnell, a 65‑year‑old community worker with 27 years of service at St Munchin's Community Centre, was dismissed for taking a pair of knitted socks she believed were to be discarded. She claimed she found the socks on boxes in the reception area in November 2022 and, after being questioned by CEO Linda Ledger, admitted to taking them. O'Donnell was immediately suspended and later sacked for gross misconduct. The Workplace Relations Commission found the dismissal unfair, noting that O'Donnell's explanation was reasonable and that the disciplinary process was disproportionate. The commission awarded her €15,000 in compensation for the loss of earnings and the impact on her reputation. The case highlighted the lack of consideration for her mistaken belief and her long, unblemished record.