Court archive

Court reports from 2024

2024-02-09 · Dublin

'Infatuated' man jailed for breaking into woman's home

A 23‑year‑old man, Taner Saricayir, was sentenced to 16 months' imprisonment and a lifetime ban on contact with a woman he had become infatuated with while they were students in 2019. He pleaded guilty to breaking into her home in Donnycarney on 19 June 2022, after a chance meeting in a Dublin Starbucks. He entered the house through an unlocked front door, rummaged through her underwear drawer, used a toothbrush with toothpaste on the sink and door, and held her dog while waiting for her to return. He later admitted he had entered through a window. The court considered a separate count of harassing her between 2021 and 2022. The judge noted the woman's distress and the seriousness of the break‑in, and imposed the 16‑month term and lifetime contact ban.

2024-02-09 · Waterford

'Guinea pig' and 'not sharpest knife in drawer' avoid jail for moving drugs

Two Waterford men, Peter Cawley (42) and Richard Nolan (35), appeared before Judge Patricia Ryan in Dublin Criminal Court after pleading guilty to possession of heroin for sale or supply on 19 March 2020. The court sentenced each to three years imprisonment, but suspended the terms in their entirety, giving them fully suspended sentences. The case stemmed from a mobile patrol that stopped a van on a night patrol; the van was found rocking and smelling of cannabis. Cawley was driving, Nolan was lying in the back and was seen placing something in a bucket. Gardaí seized heroin worth €9,683, cocaine worth €289, cannabis worth €70, tablets worth €80 and a small wrap of cocaine worth €96. Both men were searched; Nolan had drugs in his underwear and cannabis worth €100, while Cawley had no drugs on his person.

2024-02-09 · Dublin

South African teen (18) caught flying in to meet girl (13)

Alexander Ortauf, an 18‑year‑old South African who had lived in Bristol, was denied entry to Ireland in February 2020 after an immigration officer discovered he intended to meet a 13‑year‑old girl he had met online. The officer called the girl from Ortauf's phone and realised she was very young, leading to his denial of permission and alerting Gardaí. Gardaí found about 20 images and ten videos of a sexual nature of the child on his phone. Ortauf pleaded guilty to one count of possessing child pornography and one count of using information and communication technology to facilitate the sexual exploitation of a child. He had no prior convictions. The Dublin Circuit Criminal Court sentenced him to a fully suspended term of two and a half years, with the judge noting his youth and lack of previous convictions as mitigating factors. The sentence was suspended in full, with no custodial time imposed.

2024-02-09 · Dublin

ESB employee does not have to answer questions about alleged unlawful payments for time being, judge rules

In a High Court decision, Mr Justice Rory Mulchay ruled that ESB employee Kieran Sharkey need not answer the company's questions about alleged payments from builders while a criminal investigation into him is ongoing. The court held that the right to silence, which applies to state inquiries, protects Sharkey from self‑incrimination and that the ESB cannot enforce disciplinary action until the investigation ends or the ESB can prove that its contractual interests outweigh the constitutional right. Sharkey, an electrician employed since 2017, had been asked by the ESB to disclose whether he accepted payments for preferential treatment, the amounts, sources and work performed. He declined, citing legal advice and the Garda investigation. The judge declined to grant the ESB a declaration allowing dismissal and said the matter would return to court later in the month. The decision emphasises that the right to silence is not absolute and that the ESB must consider competing interests before penalising the employee.

2024-02-09 · Dublin

Remorseless criminal to serve global 20-year sentence for role in three gangland shootings

Charles McClean, aged 35, was sentenced at the Central Criminal Court to a global term of 20 years for his role in three gangland shootings. He already serves a 16.5‑year sentence for facilitating a criminal organisation and an eight‑year sentence for conspiracy to murder Wayne Whelan. The new sentence adds three and a half years for impeding the apprehension of the person who murdered Mark 'Guinea Pig' Desmond in December 2016. McClean pleaded guilty to the offence and showed no remorse. The judge noted that the three offences were separate, each with its own victim and family, and that McClean's involvement was "very unusual." The three‑and‑a‑half‑year term is to run consecutively to his existing sentences, bringing the total to 20 years in custody. The sentence reflects the seriousness of McClean's escalating criminal conduct.

2024-02-09 · Ireland

15 witnesses may testify in dispute between auctioneers body and ex-president

In a whistleblower protection claim under the Protected Disclosures Act 2014, former Irish Professional Auctioneers and Valuers Association (IPAV) president Gerry Coffey has filed a complaint with the Workplace Relations Commission (WRC). The case, heard at a brief preliminary hearing, saw no evidence presented as IPAV's barrister, Jason Murray BL, requested an adjournment and a six‑week period for the complainant to serve documents and a witness list. Murray estimated that the complainant might call four to six witnesses, while IPAV could present about eight, suggesting a total of up to fifteen witnesses. The WRC was asked to set aside at least three days for the matter. Anthony Slein BL, representing Coffey, noted that both parties could engage during the adjournment to avoid unnecessary witnesses. The adjudicator, Jim Dolan, has scheduled the next hearing for around twelve weeks from now, with dates to be confirmed by the WRC.

2024-02-09 · Ireland

Senior manager at Digital River says he was put out of job in 'sham redundancy'

Kevin Foley, former senior director of sales for EMEA at Digital River Ireland Ltd, claims he was dismissed in a "sham" redundancy that involved his US‑based boss. Foley said he expected to remain employed until spring 2023 after receiving a retention bonus in August 2022, but was told he faced redundancy less than a month later. He alleges the redundancy process was predetermined and that his former line manager, who benefited from the decision, should not have been involved. Foley's solicitor argued the company failed to prove a genuine redundancy situation or a fair process. The Workplace Relations Commission heard that Digital River had reduced its global workforce from 648 to 382 in 2022, losing 11 jobs in Ireland. Foley is seeking compensation for a reduction in earnings since taking a new job with a lower base salary and commission structure. The hearing concluded with the adjudicator hoping to issue a decision before Easter.

2024-02-08 · Dublin

Addict pulled knife on man who drove him to buy crack, hijacked his car

Dale Kavanagh, 29, of Arklow, was sentenced to two and a half years' imprisonment for assault causing harm, unlawful seizure of a vehicle and driving without insurance. He was driven to Dublin by a man to buy crack cocaine, then attacked that man, hijacked his car with a knife and dragged the owner about ten metres. Garda Tom Balfe reported that Kavanagh had been driven to Dublin for drug purchase, that the car owner was known to him, and that the hijacking involved a knife and the theft of €200. Kavanagh pleaded guilty, was found to have a history of drug use from age 14 and heroin addiction from 21, and was described by his lawyer as remorseful and drug‑free.

2024-02-08 · Dublin

Drug mule's 'deep seated Christian faith' made her vulnerable, court hears

Adrianne St Clair, a 25‑year‑old US woman, was arrested on 22 December after a customs sniffer dog detected over 22 kg of cannabis in two large suitcases she carried from Los Angeles. She had been paid €5 000 to transport the suitcases, which she claimed contained clothing, to London Gatwick Airport. St Clair admitted possessing €460 880 worth of cannabis on the date in question and pleaded guilty at the District Court. She has no prior convictions. Her defence counsel described her as naive and vulnerable, citing her deep‑seated Christian faith as a factor that made her trust others. The Dublin Circuit Criminal Court, hearing the case on 8 February, found her culpability to be recklessness rather than actual knowledge and sentenced her to three and a half years' imprisonment, back‑dated to her arrest.

2024-02-08 · Ireland

Rape accused told gardai he could have penetrated complainant when he fell on her

During a Central Criminal Court trial, a 55‑year‑old man accused of raping a friend of his wife told Gardaí that he could have penetrated the woman when he fell on her with his penis out. He had earlier claimed that the woman had grabbed his trousers, taken his penis and performed oral sex on him, although he said "no". Gardaí questioned him about the plausibility of his account, to which he replied that the ground was wet and slippery and that he could have slipped in. He denied ever having consensual sexual intercourse with the woman and said he was not sure if he entered her. The trial heard four interviews with Gardaí, forensic DNA evidence, and a search of his house in October 2019. The case remains in progress. The unnamed 55-year-old pleaded not guilty.

2024-02-08 · Dublin

Robber 'institutionalised from age two and incarcerated from 14', court hears

Glen Conroy, 35, pleaded guilty to robbing the Triangle Coffee Shop in Donabate on 25 June 2023, using a broken glass bottle to demand money. He was arrested on 27 July 2023 after fully admitting the offence and cooperating with Gardaí. The robbery resulted in the loss of approximately €300, with no recovery of the stolen money. Conroy has 67 prior convictions, including five for robbery. Judge Patricia Ryan, hearing the case at Dublin Circuit Criminal Court, noted the aggravating factor of the bottle and the impact on the two young workers present, aged 18 and 19. Mitigating factors cited were Conroy's early guilty plea, admissions, cooperation, and his background of being institutionalised from age two and incarcerated from 14. The judge imposed a headline sentence of four years, suspending the final eighteen months for three years, and placed Conroy under probation supervision for two years.

2024-02-08 · Dublin

Criminal with 118 priors gets six years for violent attack in Mountjoy

Brandon Crosbie, aged 25, was sentenced to six years' imprisonment for violent disorder in Mountjoy Prison on 18 December 2018, when he and five others attacked a prisoner, stamping on his head and leaving him unconscious. He also pleaded guilty to several charges for a high‑speed car chase on 22 May 2022, including endangerment, unlawful use of a vehicle, reckless conduct creating a substantial risk of death, criminal damage, driving without insurance and without a licence. The chase involved breaking red lights, driving on the wrong side of a roundabout, forcing a taxi to swerve, and driving at up to 160 km/h, culminating in a tyre deflating after a stinger was fired. Crosbie was arrested when he exited the vehicle. Judge Martin Nolan sentenced him to six years for the violent disorder and four years for the endangerment, with both sentences running concurrently, and disqualified him from driving for five years.

2024-02-08 · Dublin

Brothers damaged pub, attacked patron after drink refusal

In a Dublin Circuit Criminal Court hearing, Shane Byrne (35) and his brother Luke (28) pleaded guilty to assault causing harm and criminal damage after a St Stephen's Day incident at Boomers Bar, Woodford Walk, Clondalkin. The brothers, who had been refused further drinks, entered the pub, damaged the exterior and several parked cars, and then attempted to re‑enter after the pub was closed. A customer tried to stop Luke, who pushed him to the ground, causing a 90‑degree ankle twist and a bad fracture that required surgery. Both brothers then kicked and punched the victim, who was off work for three and a half months. Judge Martin Nolan sentenced Shane to 16 months in prison, describing him as the "initiator" of the "obstreperous behaviour", while Luke received a fully suspended 16‑month sentence and was ordered to pay €4,000 to the victim or a charity of the victim's choice.

2024-02-08 · Dublin

Jury deliberating in machete murder trial

In a Central Criminal Court hearing, a jury was instructed by Mr Justice Michael MacGrath that they could only return a verdict of guilty of murder or not guilty of murder but guilty of manslaughter for Patrick McDonagh, 52, accused of killing his neighbour Peter McDonald, 73, on Whitechapel Road on 25 July 2020. The jury had spent about three hours deliberating and would reconvene on Monday, as one juror was unavailable on Friday. McDonagh had pleaded not guilty to murder but guilty to manslaughter, a plea the State had not accepted. The judge explained that if the prosecution proved all elements of murder, the jury must then consider the defence of diminished responsibility under the Criminal Law (Insanity) Act 2006, which requires the defence to prove that a mental disorder substantially reduced McDonagh's responsibility.

2024-02-08 · Ireland

Woman who alleges rape by friend's husband denies previous romantic involvement

In a Central Criminal Court hearing on 8 February 2024, a 55‑year‑old woman accused a man of raping her in a park after a party at his house. She denied any prior romantic or friendly relationship with the accused. The trial, presided over by Mr Justice Tony Hunt, featured testimony from a friend who described the woman's distress and her refusal to discuss the alleged assault. The woman's own statements to the jury included that the accused entered a bathroom and said, "I could have you now," which she interpreted as a violent threat rather than a sexual one. She denied being coerced into sexual acts, rejecting defence claims that she had engaged in oral sex or other sexual activity with the accused. The case remains pending before the jury. The unnamed 55-year-old pleaded not guilty.

2024-02-08 · Dublin

Worker couldn't resume employment after violent attack by shoplifter

In a February 2024 court hearing, Andrew Smith, 38, was sentenced to four years in prison for possession of an improvised firearm, to run consecutively with a two‑year sentence for assault causing harm. Smith, who has 94 prior convictions, was found guilty of using a sweeping brush to attack a shop worker who had tried to stop him from shoplifting. The victim, a Chinese man who had worked in the shop for eight or nine years, suffered two broken fingers and could not resume work, eventually returning to China. Smith's defence argued for a suspended portion of the sentence, but Judge Pauline Codd refused. The court noted Smith's racist language, the use of the brush, and his history of violent offences as aggravating factors, while his acceptance of responsibility and prior bail status were considered mitigating. The improvised firearm was seized during a search of Smith's home, where a shotgun and live cartridges were found.

2024-02-08 · Laois

Claims of ageist pay discrimination at top levels of Prison Service dismissed

Three senior officials in the Irish Prison Service have failed in equality claims at the Workplace Relations Commission, alleging they faced age discrimination through unequal pay. The claimants—operations director Don Culliton, ICT and governance director Donna Creaven, and former acting director of HR Trevor Jordan—each sought salary increases of between €32,000 and €36,000 to match the €142,892 pay of former director of care and rehabilitation Fergal Black. Ms Creaven also claimed gender discrimination. The Prison Service maintained that Mr Black's higher salary reflected "red-circling"—retention of original contractual terms—dating from his 1993 appointment and preserved during the agency's 2007 decentralisation to Longford, when medical qualifications ceased to be mandatory. Adjudicator Breiffni O'Neill accepted the respondent's historical account and found the pay disparity objectively justified, rejecting all three complaints.

2024-02-08 · Westmeath

Respite Centre accused of firing worker who said he raised safety concerns

In February 2024 a dispute arose at the Kilbixy Paddocks respite centre near Mullingar, Co. Westmeath, after a newly hired worker, Fionn Mullen, alleged that he was dismissed for raising safety concerns. Mullen claimed that on 17 December 2022 he was left alone to manage a 12‑year‑old boy, referred to as "Service user A", who he said bit, hit and attempted self‑harm. He said he used beanbags and foam pads to control the child until the boy tired and lay down, after which a colleague took over. Mullen said the centre's management fired him on probation, citing "extreme" views contrary to the centre's philosophy of care. The centre denies the allegations, calling Mullen's account a fabrication and stating that the boy's behaviour was different. The case was adjourned for further evidence, with the company contesting additional complaints under the Organisation of Working Time Act 1997. The tribunal has not yet reached a decision.

2024-02-07 · Dublin

Man (55) goes on trial accused of raping wife's friend

A 55‑year‑old man was brought before the Central Criminal Court on 7 February 2024, accused of raping a woman who was a friend of his wife in a Dublin park in September 2019. The accused, who cannot be named, pleaded not guilty to the rape charge. The complainant, now 51, testified that she had known the accused's wife for about 17 years and had helped her friend prepare for a party at the accused's house. She described spending the evening in the back garden, drinking champagne and wine, and later being in the bathroom where the accused allegedly entered, made a threatening statement, and raped her. The complainant said she struggled to move, felt cold and wet, and was unable to resist. She later reported the incident to Gardaí, attended a sexual assault treatment unit, and gave a statement. The trial is proceeding before Mr Justice Tony Hunt and a jury.

2024-02-07 · Dublin

Dealer caught with €600k in drugs in own apartment gets 7.5 years

James Maguire, 59, of Cabra Park, was sentenced to seven and a half years in prison after pleading guilty to possessing €597,188 worth of heroin, cocaine and tablets for sale or supply. Gardaí seized the drugs in his apartment in the Old Distillery, Smithfield, Dublin 7, where they found bags of cocaine and heroin, tablets, weighing scales, €5,995 in cash, a drug press, bottles of ammonia, €2,050 hidden in a washing machine, and a machine for compressing drugs. Mixing agents such as caffeine, paracetamol and benzocaine were also recovered. A BMW parked in the apartment's garage contained over €350,000 worth of cocaine and heroin, bringing the total seized value to €597,188. Maguire, who has 64 prior convictions including three for drug possession, was backdated to his custody entry on 18 December 2022. Judge Martin Nolan noted his guilty plea and cooperation as mitigating factors, yet emphasised his decision to engage in serious drug dealing.

2024-02-07 · Meath

Businessman jailed over €1.4m money laundering scheme, while 'duped' fellow director avoids prison

At Dublin Circuit Criminal Court, Wesley Williams (46) of Foxlodge Manor, Ratoath, Co Meath, was sentenced to two and a half years in prison after pleading guilty to one count of making a gain for himself in a scheme that took place over a decade ago. His co-accused, Silvio Rabbitte (55) of Woodberry Gardens, Castleknock, Dublin, was given a fully-suspended sentence of two years after pleading guilty to one count of impeding the apprehension of Wesley Williams on dates between September 2012 and July 2014. Rabbitte's counsel argued that he had been 'duped' and should have known the scheme was 'too good to be true'. The court heard that Rabbitte received €350,000 from an account shared with Williams, as co-directors of One Stop Shop Catering Ltd, into which €1.4 million from German investors was transferred. The money was quickly dispersed, with Rabbitte receiving €350,000. Rabbitte was arrested, and a laptop containing phone call recordings was seized. The court heard that Rabbitte signed a contract before the money entered the account, which made it harder for Williams to be prosecuted. The matter was adjourned for mention in March to deal with an allegation of theft of a €15,000 watch faced by Williams. Simon Gold (59) of Windy Ridge House, Cartontroy, Athlone, Co Westmeath, was jailed for seven years in 2019 after being found guilty of money laundering, theft, deception, and control of false instruments.

2024-02-07 · Dublin

Money mule gets suspended sentence for receiving couple's €177k retirement home funds

An Irish couple had €177,000 earmarked for a retirement home stolen in a phishing scam and transferred to a money mule. Mark Farley, 42, allowed his bank account to be used in the fraud and pleaded guilty at Dublin Circuit Criminal Court to handling the proceeds of criminal conduct between 8 and 18 December 2020. He received a fully suspended sentence of three years. Farley has 16 previous convictions, including traffic, public order and criminal damage. The judge said Farley had run up a debt and that third parties had taken advantage of his hold over him, but that his own activities put him under their sway. The authorities discovered the fraud in time and the €177,000 was returned to the couple within 16 days. Farley's account was frozen and he had not used it for some time, though it had been used for his electrician business.

2024-02-07 · Dublin

Woman avoids jail for assaulting teenage daughter

A 41‑year‑old Dublin woman pleaded guilty to assault causing harm on her 16‑year‑old daughter on 10 November 2021. The court heard that the dispute escalated from verbal to physical, with the mother punching the daughter and striking her with an object. The daughter suffered swelling, bruising and a head laceration. Police found a smell of alcohol and the mother admitted drinking wine with a neighbour that night. She was arrested, admitted to causing injuries, and expressed remorse, calling herself a "bad mother" and vowing never to drink again. The court, Judge Martin Nolan, described the case as "sad" and imposed a 16‑month suspended sentence, deciding she did not deserve prison at that point. Tusla took the three children into care; the victim has used Tusla's after‑care services and a safety plan has been put in place. The mother has complied with all instructions and engaged fully with the agency.

2024-02-07 · Dublin

Increase in firefighting capacity probably a direct result of Stardust fire, chief officer tells inquest

During the Stardust inquest, Chief Fire Officer Dennis Keeley testified that the increase in Dublin Fire Brigade stations and personnel since 1981 was largely a response to the 1981 Stardust nightclub fire that killed 48 people. He explained that the brigade now collects detailed building information—maps, hydrant locations, high‑risk facilities—from owners before incidents, and that this data is available to crews en route, shortening the "get to work" phase. Keeley noted that the brigade conducts unannounced inspections on about 70% of licence applications each year, visiting premises at least once every two years, and that 80‑90% of inspections are unannounced. He said the Dublin major emergency plan is rarely declared, recalling the 1987 Raglan House explosion as the last instance. Keeley also discussed the impact of the Building Control Act Regulations, the benefits of third‑party sign‑off, and the need for more frequent regulatory reviews.

2024-02-07 · Ireland

Injunction sought over proposed share agreement in Walls Construction holding company

McSorley Investments Limited, holding about 20% of Walls Construction Holding Limited (WCHL), has applied to the High Court for an injunction to stop WCHL and several board members from approving a proposed Growth Share Scheme at the next board meeting. The claim argues that the scheme would dilute and oppress McSorley's interests and that it contravenes the 2015 Subscription and Shareholders Agreement, which requires all parties' consent for new share issues. McSorley also seeks an order preventing any other share‑issuing scheme without its approval and, if necessary, the cancellation of any scheme implemented without consent. The court, hearing the case ex‑parte, granted McSorley permission to serve short notice of the injunctions and adjourned the matter for a week. The dispute centres on the proposed allocation of a large volume of shares to new management, raising concerns about fairness, tax implications and potential dilution of existing shareholders' stakes.

2024-02-07 · Dublin

Man who downloaded child abuse videos avoids jail

Gerard O'Keeffe, 44, of Tallaght, pleaded guilty to possessing child pornography on his phone. He was found with four videos, ranging from 2½ to 30 minutes, three classified as Category 1 (explicit sexual acts involving female children) and one as Category 2 (children exposing genitalia). Gardaí, alerted by the Garda Online Child Exploitation Unit, seized his phone under a warrant; he cooperated, handed it over, and admitted to downloading the material from a chat website used by 50–60 users over three to five months. O'Keeffe, who has a prior assault conviction from his teens, expressed remorse and shame, and a letter of apology was presented. Judge Martin Nolan imposed a fully suspended two‑year sentence, noting no aggravating factors and ordering one year of probation supervision. The case was heard at Dublin Circuit Criminal Court on 7 February 2024.

2024-02-07 · Dublin

53-year-old jailed after trying to meet girl (13) for sex

A 53‑year‑old man from Coolock was sentenced to three years' imprisonment, with the final 20 months suspended, for attempting to meet and have sex with a 13‑year‑old girl who was a decoy bot set up by a vigilante group. The man, Shane Corrigan, used an online account to contact the bot, asking for explicit sexual acts and proposing a meeting at a hotel. He also asked the bot to bring her friends and a six‑year‑old cousin, and when the bot indicated she wanted to have sex with the six‑year‑old, he agreed. Defence counsel argued that Corrigan suffers from a mild intellectual disability and is a vulnerable adult. The court noted his early guilty plea, cooperation, good work history and lack of prior convictions as mitigating factors, but also stated that he knew his actions were wrong.

2024-02-07 · Dublin

Machete attack jury must consider if mental disorder should result in manslaughter verdict

A jury in Dublin must decide whether Patrick McDonagh, 52, who killed 73‑year‑old Peter McDonald in a brutal machete attack, should be convicted of murder or manslaughter on the basis of a mental disorder. Mr Justice Michael MacGrath instructed the jury that if they find the prosecution has proved all elements of murder, they must then consider the defence of diminished responsibility under the Criminal Law (Insanity) Act 2006. The defence must prove it is probable that McDonagh had a mental disorder that substantially reduced his responsibility. Two psychiatrists gave conflicting diagnoses: Professor Patricia Casey, representing the defence, said McDonagh suffered acute schizophrenia; Dr Mary Davoren, for the prosecution, argued any abnormality was likely due to cannabis use. The judge emphasised the jury's role in determining responsibility, not the experts, and urged them to weigh all evidence, including witnesses describing McDonagh's behaviour before and after the killing. Patrick McDonagh pleaded not guilty. Peter McDonald pleaded not guilty.

2024-02-07 · Limerick

Environmentalist's challenge to chicken plant is dismissed

The High Court dismissed environmental activist Peter Sweetman's challenge to the Environmental Protection Agency's (EPA) February 2019 decision to grant an industrial emissions licence to Michael Noel O'Connor for a 74,000‑bird broiler chicken plant at Rathcahill West, Templeglantine, Newcastlewest, Co. Limerick. Sweetman argued the EPA had failed to properly assess the disposal of chicken manure and water washings, had no jurisdiction, and had not considered EU directives on habitats, waste water and environmental impact. He also sought declarations that the EPA had erred in law and acted contrary to EU waste directives. The EPA counter‑claimed that it had considered all relevant matters and that the licence was correctly awarded under the 1992 EPA Act. Judge Conleth Bradley found the EPA had not acted outside its regulatory powers, had correctly defined its statutory and regulatory ambit, and therefore dismissed the action. No further proceedings were ordered.

2024-02-07 · Ireland

Legal challenge to fee caps for defence reports of 'considerable concern', judge says

A Central Criminal Court judge, Mr Justice Paul McDermott, expressed concern over a proposed legal challenge to the Department of Justice's fee caps on psychiatric reports for defendants. The judge noted that only a dwindling number of experts are available to prepare such reports for defence. He had been informed that the Department had offered a higher hourly rate for prosecution psychiatrists, up to 50% more than the Criminal Legal Aid Unit's rate. Senior counsel Brendan Grehan had previously complained that the Department's policy limited the hours approved for a defence psychiatrist, causing difficulties in securing assessments. The matter was resolved when the Department approved the full 25 hours originally requested. Mr Justice McDermott welcomed the resolution and warned against further delays, noting the broader concern about the availability of psychiatric experts for defence work.

2024-02-06 · Dublin

'Associate' arranged to meet Mark 'Guinea Pig' Desmond in park where he was gunned down

In a sentence hearing at the Central Criminal Court, 35‑year‑old Charles McClean admitted that he had called his "associate" Mark 'Guinea Pig' Desmond to a drugs meeting in Griffeen Valley Park, Lucan, where Desmond was shot dead. McClean said he later removed Desmond's mobile phone at the request of gangster Wayne Whelan. He had previously pleaded guilty to impeding the apprehension or prosecution of Desmond on 2 December 2016, knowing or believing Desmond to be guilty of an arrestable offence. McClean is already serving a 16.5‑year sentence for facilitating a criminal organisation and for conspiring to murder Whelan. The hearing also noted that McClean had a motor business linked to Whelan and that he had travelled to Northern Ireland and Tenerife shortly after the shooting. The court remanded him in custody until his sentencing.

2024-02-06 · Dublin

'Horrific' machete attack on elderly man should result in murder conviction, State tells jury

Patrick McDonagh, aged 52, is on trial for the murder of his neighbour Peter McDonald, aged 73, who died on 25 July 2020 after a brutal machete attack. The prosecution, represented by Philipp Rahn SC, argues that the multiple slash, chop and stab wounds inflicted with a machete and knife prove beyond reasonable doubt that McDonagh intended to kill or cause serious injury, and therefore the appropriate verdict is murder. McDonagh has pleaded not guilty to murder but guilty to manslaughter, a plea the State has rejected. The defence, led by John Fitzgerald SC, contends that McDonagh was suffering from schizophrenia at the time of the attack, and that his mental disorder substantially reduced his responsibility, arguing for a manslaughter verdict. The case is being heard at the Central Criminal Court, with the judge to charge the jury tomorrow.

2024-02-06 · Dublin

On-bail armed robber with 102 priors gets seven years

Christopher Dunne, 39, of The Charter, Santry Cross, Dublin, was sentenced to seven years' imprisonment for a series of armed robberies committed between July and October 2022. He pleaded guilty to four counts of robbery from three different stores – Applegreen, Eurospar in Ballymun and Spar on Dorset Street Lower – and was also charged with attempted robbery. In July 2022 he robbed two tills, taking €720 from Applegreen and €400 from Eurospar, and €540 from Spar, all while armed with a knife. After being released on bail, he robbed a Tesco Express in Bolton Street with a realistic imitation revolver, demanding a cashier hand over €2,000 and ordering a security guard to kneel. He then attempted to rob a Gala shop, was sprayed with insect repellent and fled. Gardaí located him at his Santry address after a tip‑off; he was found hiding in a bathroom and was taken into custody.

2024-02-06 · Dublin

American caught with over €500k in cannabis on first trip outside US

An American man, Caleb Williams, 35, was sentenced to five years in jail in Dublin Circuit Criminal Court after being found with 60 packs of cannabis worth €542,000 in his luggage on his first trip outside the United States. Williams, who had no prior convictions in the US, claimed he thought the drugs were a small amount and was unaware of their quantity, stating he had not opened the suitcases. He said he was transporting the cannabis for a fee of about $5,000–$6,000 and did not know that cannabis is illegal in Ireland, though it is legal in his native Florida. Williams was stopped by customs after acting uneasily at Dublin Airport, where his three suitcases were searched. He was detained upon arrival and has been in custody since. Caleb Williams pleaded guilty.

2024-02-06 · Meath

Accountant alleged to have hired 'Viper' Foley over disputed debt denies any wrongdoing

An accountant, Gerard Young, trading as Mara Young & Company, has denied all allegations of wrongdoing after NCS Autoparts Limited, its director Paul Lanigan and his wife Brenda Lanigan filed an injunction against him. The plaintiffs claim that Young is attempting to intimidate and harass them over an alleged €19,000 debt. They say that in early January, Martin 'the Viper' Foley, a convicted criminal, called their home and left a business card in an attempt to collect the debt on Young's behalf. Young has obtained a circuit court judgment against the plaintiffs but the plaintiffs are seeking to have that order set aside. The court adjourned the matter, with an undertaking that Foley will not communicate with the plaintiffs or attend their property until the case returns later this month. The plaintiffs also request an injunction restraining Young from instructing Foley or his debt‑recovery business to contact them.

2024-02-06 · Sligo

Bank entitled to possession of late Sligo woman's home in 'Life Loan' case

The High Court ruled that Bank of Ireland Mortgage Bank is entitled to possession of a property in Ballinfull, Co Sligo, belonging to the estate of the late Bridget Cunningham. The case involved a €60,000 'Life Loan' mortgage taken out by Mrs. Cunningham in 2006/07, which remained unpaid at her death in 2008. Teresa Gillespie, acting as executrix, opposed the bank's 2019 possession claim, alleging it was statute-barred under the 1961 Civil Liability Act and that the bank had delayed action. The bank argued the loan was only payable upon death and that no repayments were made. Mr Justice David Nolan determined that the bank's action for possession was not statute-barred, granting the entitlement to possession. However, he noted that the bank's claim for approximately €90,000 in accrued interest, which substantially exceeds the original loan amount, presents an arguable case regarding limitations and delay. The judge criticized the bank for failing to explain the "enormous delay" in bringing proceedings over 11 years after the death. The matter was adjourned for a full plenary hearing to determine the disputed interest claims, with final orders to be made subsequently.

2024-02-06 · Carlow

Carpet salesman wins €18k for unfair dismissal

Fergal McGrath, a carpet salesman, was dismissed by Lynfrae Trading Company Ltd (trading as Kashan Carpets) after his former boss accused him of misusing a company credit card for cigarettes, lotto tickets and pub expenses. The Workplace Relations Commission found the disciplinary process fundamentally flawed: no written notice of allegations, no notes taken, no appeal provision, and the same person who made the charges acted as the disciplinary officer. McGrath claimed the pub expenses were for missed lunches during delivery runs and that the cigarette and lotto purchase was a one‑off mistake he would have reimbursed. He also argued that the company's van was damaged while he was driving and that he had no knowledge of the damage until later. The tribunal awarded him €18,000 for unfair dismissal, covering almost six months of losses. The decision highlighted the employer's procedural failures and the lack of a proper disciplinary procedure.

2024-02-06 · Dublin

Ryanair 'unreservedly' apologises" to quantity surveyor wrongly banned from flying

In the High Court, Ryanair unreservedly apologised to Eoin Michael Cahill, a quantity surveyor, after incorrectly banning him from flying and writing to his employer identifying him as a disruptive passenger. Mr Justice Rory Mulcahy was informed that the airline accepted Mr Cahill was mistakenly identified as a passenger involved in an altercation with staff on January 2nd. Ryanair, represented by Martin Hayden SC, stated the ban has been withdrawn and offered to correct the record with Mr Cahill's employer, the Jones Engineering Group. The airline proposed paying €10,000 in compensation plus legal costs. Mr Cahill, represented by Paul O'Higgins SC and solicitor CW Ashe, had sought an injunction to lift the ban and correct the defamation, along with damages. He claimed the false allegations threatened his professional reputation, particularly as he travels between Ireland and Denmark for work. Ryanair had previously argued Mr Cahill did not allow sufficient time for an investigation, but the court found the airline had known of the complaint for some time. Mr Justice Mulcahy ordered Ryanair to pay Mr Cahill's legal costs for the injunction proceedings. The matter was effectively resolved through the airline's apology and offer of amends, with the court addressing the costs of the pretrial application.

2024-02-06 · Dublin

Staff and students left terrified after four men entered school and confronted teen

Four men entered a Dublin secondary school at about 2 pm on 13 October 2022 and violently confronted a teenage boy. CCTV showed the men entering the school, the boy taking a hammer from his bag in self‑defence and fleeing, and the fourth man—who is not yet before the courts—throwing a steel pole at the boy, narrowly missing him. The third man, Josh Neary (22), grabbed the boy's bag and threw it. Staff removed the men from the school; no physical injuries were reported. Garda Aisling Halligan told the court that students were frightened and a staff member retired because of the incident. Judge Martin Nolan sentenced the three men who pleaded guilty to violent disorder to 16 months' imprisonment, suspending the sentence in full for Jack Craig (21) who had no prior convictions and played a minor role. Neary and Scott Purdue (25) received the full 16‑month terms.

2024-02-06 · Kildare

Man admits to facilitating Kinahan Cartel in serious offence, ending trial

A man named Michael Crotty, aged 41, admitted to facilitating the Kinahan Cartel by buying a mobile top‑up for Sean McGovern, a leading figure in the cartel, during a Special Criminal Court hearing. Crotty had previously pleaded not guilty to a charge related to the 2016 murder of Noel 'Duck Egg' Kirwan, an innocent man mistakenly targeted by the cartel. In the hearing, Crotty pleaded guilty to a new charge of recklessness under Section 72 of the Criminal Justice Act, stating he had no intention for the top‑up to be used in endangering anyone. The court noted that Kirwan was shot dead after the Regency Hotel attack, which had involved the cartel. The judge extended Crotty's bail and adjourned sentencing to April 22. The trial had been scheduled for up to five weeks and included testimony on the cartel's structure and activities.

2024-02-02 · Dublin

Psychiatrist says machete murder accused was not suffering from mental disorder

Patrick McDonagh, aged 52, is on trial for the murder of neighbour Peter McDonald, 73, on 25 July 2020. He pleaded not guilty to murder but guilty to manslaughter, a plea the State rejected. Consultant psychiatrist Dr Mary Davoren testified that McDonagh was not suffering a mental disorder at the time of the alleged offence; she attributed any abnormality to cannabis use. She described McDonagh as unreliable, noting inconsistencies in his accounts of drug use and memory. Davoren highlighted a history of substance misuse, including cannabis and benzodiazepines, and a refusal of a urinary drug screen four days after the incident. She also reported bizarre symptoms McDonagh claimed, such as seeing a bull and hearing voices, which she deemed atypical for schizophrenia. Professor Patricia Casey, called by the defence, argued that McDonagh's symptoms were reduced by acute schizophrenia. The trial continues before Mr Justice Michael MacGrath and a jury.

2024-02-02 · Ireland

Metropolitan Films to appeal €430k worth of workplace rights decisions

Metropolitan Films International Ltd, along with applicants Catherine Byrne and Liz Murray, has served notice of appeal to the Labour Court regarding Workplace Relations Commission decisions awarding 23 Irish Film Workers' Association members a combined €430,000 in back pay and compensation. The WRC found that the company, founded by the late James Flynn, breached multiple employment rights. In 13 cases, Adjudication Officer Catherine Byrne ordered Metropolitan Films to pay €5,000 each for failing to provide written statements under the Protection of Employees (Fixed-Term Work) Act 2003. Ten workers were additionally awarded €25,000 each for penalisation by dismissal for asserting their entitlement to fixed-term contracts. Most cases included four weeks' pay for breaching the Terms of Employment (Information) Act 1994. The highest awards, exceeding €38,000 each, were secured by plasterers Fran and Frank Matthews. The company's representatives had denied direct employment, claiming workers were hired via designated activity companies, but Ms Byrne accepted sworn evidence that contract signatures were forged, describing the arrangement as a contrivance. IFWA organiser Liz Murray questioned the company's moral right to appeal. Metropolitan Films stated it does not comment on ongoing legal proceedings. No grounds of appeal have yet been set out, and the matter remains at the hearing or decision stage pending the Labour Court's review.

2024-02-02 · Dublin

Speeding motorcyclist with 47 previous convictions who broke pedestrian's back has jail term cut

James Doyle, 37, of Walkinstown, was sentenced to three-and-a-half years in jail for dangerous driving that caused serious bodily harm to Emily Doyle when he struck her on Cromwellsfort Road on 23 April 2020. Doyle had been driving at speeds up to 130 km/h in a 50 km/h residential zone and was travelling about 80–90 km/h at the moment of impact, breaking Doyle's back and both legs. He had 47 prior convictions, including two for dangerous driving and four for unauthorised vehicle taking. At the Court of Appeal, Mr Justice George Birmingham reduced the sentence by one year, citing mitigating factors such as Doyle's ADHD, addiction history, early plea, remorse and pro‑social life. The new sentence is two-and-a-half years with a six‑year driving ban, and the appeal was granted on the basis that the original sentence was excessive and disproportionate. James Doyle pleaded guilty.

2024-02-01 · Dublin

Addicts told 'senseless and violent robbery' had profound effect on victim

In a Dublin Circuit Criminal Court hearing, Judge Elva Duffy heard that Lee Byrne (23) and Sam Garvey (25) pleaded guilty to robbery on Phibsborough Road on 1 October 2022. The robbery involved a mobile phone taken from a cyclist who was then punched, threatened and struck with a bottle. The victim suffered bruising and swelling to the back of his head and reported lasting emotional distress. Byrne and Garvey were arrested after a search that recovered the stolen phone. Both men have prior convictions and have been in residential treatment for addiction. The judge noted their rehabilitation efforts but emphasised the robbery's profound effect on the victim. She adjourned the case to 20 January 2025, remanded them on bail, and said further positive steps would influence future sentencing. The hearing included the victim's impact statement and letters of remorse from the accused.

2024-02-01 · Dublin

Victim of catastrophic 'one punch' attack by best friend says he has 'lived nightmare'

Aaron Ryan, aged 23 when the incident occurred, was punched in the head by his former best friend Jamie Tyler, who was serving a suspended sentence for a drug offence. The blow caused Ryan to fall, hit the floor and suffer a catastrophic brain bleed, leaving him unconscious and severely injured. Ryan spent eight months in hospital and rehabilitation, with permanent short‑term memory loss, paralysis, pain, headaches, vertigo, hypersensitivity and PTSD. He has been unable to perform simple tasks and lives with constant double vision and fear of noise. Tyler, aged 27, was sentenced to two years in prison for assault causing serious harm. He has denied full responsibility, offered no apology, and has not called emergency services. The court noted his remorse and the mitigating circumstances, reducing the sentence to two years. The case will return on 15 February to decide how to apply Tyler's suspended sentence.

2024-02-01 · Dublin

Jail for man who sexually assaulted teen at birthday party

A 41‑year‑old man was sentenced to 18 months in prison, with the last six months suspended, for sexually assaulting his partner's 15‑year‑old niece at a birthday party in her family home. He pleaded guilty on 19 September 2020 after initially denying the charge. The assault involved the accused placing his hands on the girl's hips, making sexual suggestions, entering her bedroom after she went to bed, touching her bottom and digitally penetrating her. The victim's mother witnessed the man in the bedroom and the girl later reported the incident to Gardaí. She has since experienced suicidal thoughts and self‑harm. The judge cited the age difference, power imbalance, the setting in the victim's home and the serious impact on the victim as aggravating factors, while noting the defendant's guilty plea, remorse and lack of prior convictions as mitigating factors. The sentence includes 12 months of probation supervision after release.

2024-02-01 · Dublin

US man gets 5.5 years for smuggling €540k in cannabis

Phung Sein Tran, 43, an American from Seattle, pleaded guilty to smuggling 27 kg of cannabis into Dublin Airport on 29 May. The drug, valued at €540,820, was found in two large suitcases after an X‑ray anomaly. Tran admitted the purpose was to smuggle the cannabis for €8,000, meeting an unknown person at the Burlington Hotel. He was arrested, entered custody on the same day, and was sentenced by Judge Martin Nolan at Dublin Circuit Criminal Court to five and a half years in jail, a sentence backdated to the arrest date. Tran had cooperated with Gardaí, pleaded early, and had a good work history, though he has minor juvenile misdemeanour and traffic offences. He has shown remorse and is training with the Irish Red Cross in prison. The judge noted his previous good behaviour and unlikely re‑offending.

2024-02-01 · Dublin

Jail for drugs mule who smuggled €138k in cocaine under threat

Lucas Procopio Jefferson, 24, was sentenced to two years in prison for smuggling 1.9 kilos of cocaine, worth about €138,000, into Dublin Port on 1 June last year. He pleaded guilty at Dublin Circuit Criminal Court. Judge Martin Nolan described the offence as a "crime of desperation" carried out to relieve threats against him and his family, and possibly for profit. Jefferson came from a very poor background in rural Brazil, had lived in Portugal for several years, and had no prior convictions in Ireland, Brazil or Portugal. Garda officers stopped him at the immigration desk, examined his suitcase and found the concealed compartment with the drugs. Jefferson cooperated and made admissions. He is seeking asylum in Ireland and has used his time in custody constructively, working in the kitchen and studying. The sentence was back‑dated to the date of his arrest in June.

2024-02-01 · Dublin

Teen with no priors robbed €4k from woman planning to buy car for son

Miley McDonald, 19, was sentenced by Judge Orla Crowe to a fully suspended two‑year imprisonment for robbing €4,000 in cash from a woman who had withdrawn the money to buy a car for her autistic son. The robbery took place on 18 November 2021 in Wicklow Town when McDonald, then 17, followed the victim from an AIB branch, seized the envelope of €50 notes, and fled in a silver Peugeot. The money was recovered under the passenger seat after the vehicle was stopped at a Garda checkpoint. McDonald pleaded guilty and expressed remorse, noting the incident was isolated. The judge highlighted the victim's ongoing distress and the lack of prior convictions, and warned that any future Garda attention could lead to the sentence being re‑entered. The case remains at the District Court stage.

2024-02-01 · Meath

Directors seek injunction over The Viper's alleged involvement in collection of disputed debt

In a High Court case on 1 February 2024, the directors of NCS Autoparts Limited, Paul and Brenda Lanigan, alleged that chartered accountant Gerard Young, trading as Mara Young & Company, had hired convicted criminal Martin 'The Viper' Foley to collect an approximate €19,000 debt. The plaintiffs claim Foley's visits to their home, including leaving a business card, constituted intimidation. They seek an injunction preventing Young from instructing Foley or his debt‑recovery business to contact them. The court noted the alleged intimidation as "very intimidating" and granted the plaintiffs permission to serve short‑notice injunction proceedings on the defendant. The matter was set to return next week, with the judge expressing confidence that Foley would not call the plaintiffs' property until the next hearing. No orders were made at this stage. The case remains pending.