A garda stationed in Bundoran, County Donegal, has pleaded not guilty by reason of insanity to two counts of harassment against a female sergeant at Dublin Circuit Criminal Court. The accused is alleged to have sent a Valentine's card, multiple emails and a Facebook friend request to the woman between February 2012 and February 2013, despite repeated warnings from senior officers to cease contact. The prosecution does not dispute that harassment occurred but contends the central issue for the jury is whether the accused was suffering from a mental disorder at the time. The court heard that the woman, who is married with children, had made clear her lack of romantic interest and that the unwanted contact caused her significant distress, affecting her work and family life. A consultant psychiatrist is expected to give evidence that the accused was unable to understand his actions were wrong. The trial continues before Judge Elma Sheahan and jury.
A member of An Garda Síochána from Bundoran, County Donegal, has gone on trial at Dublin Circuit Criminal Court charged with harassment offences. Garda Donal Maguire, aged 40 and residing at Rock Road, Bundoran, pleaded not guilty by reason of insanity to two counts of harassing a woman at a Dublin location. The alleged conduct occurred across two separate periods: between 18 February and 11 March 2012, and between 1 August 2012 and 4 February 2013. The trial commenced before Judge Elma Sheahan and a jury and is anticipated to conclude within two days.
Noel Smith otherwise Smyth, 53, of Manomolin, Gorey, was convicted of harassment, making an unwarranted demand with menaces and money laundering between April and June 2009. He pleaded not guilty at Wicklow Circuit Criminal Court, was found guilty by a jury and sentenced to nine years' imprisonment, with the final three years suspended by Judge Gerard Giffin on 7 April 2014. The prosecution argued that a named individual received drugs from Smith about fifteen times and was pressured by Smith to pay for them; the individual had gone to his mother for money in summer 2008 and entered rehab in March 2009. Smith's appeal was dismissed by the Court of Appeal, which found the trial satisfactory and the conviction safe. The appeal was rejected on grounds including telephone records, search warrants and the alleged hoax bomb device found under a mother‑of‑three's car in June 2009.
In February 2016 the High Court granted Mr James Richard Hodgins, an isolated farmer in Clonakenny, temporary injunctions against a group of individuals who had threatened and intimidated him over several years. The injunctions barred the defendants and their agents from approaching within 500 metres of Mr Hodgins or his farm, from harassing or intimidating him, and from watching or besetting his property. Mr Hodgins, aged in his early forties, had been approached by the defendants in 2013 with offers of farm work that were often substandard or not carried out. He was later forced to write cheques totalling €102,000, of which €83,000 were cashed, and was threatened with harm if he did not pay an additional €17,000. The court, acting on Mr Desmond Murphy SC's application, issued the orders ex‑parte and made them returnable in two weeks.
Noel Smith otherwise Smyth, 53, of Gorey, Co Wexford, has appealed his conviction for harassment, making an unwarranted demand with menaces, and money laundering alleged between April and June 2009. At Wicklow Circuit Criminal Court, Smith pleaded not guilty but was found guilty by a jury. On April 7, 2014, Judge Gerard Giffin sentenced him to nine years' imprisonment, with the final three years suspended. The prosecution alleged Smith pressured a named individual to pay for drugs and made threatening calls to the individual's mother. Defence counsel Remy Farrell SC argued that police entry into Smith's dwelling was unlawful, noting Smith was "present with a pitchfork" when gardaí arrived with a warrant under section 29 of the Offences Against the State Act, a provision later ruled unconstitutional. Farrell contended that a detective sergeant's later assertion of section 6 arrest powers was a "legal confection" manufactured after the event, as the officer did not invoke such powers at the time. He described the silent invocation of police entry powers as "wholly obnoxious to Irish law." The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, heard the arguments and reserved judgment. The matter remains pending, with no final decision issued.
A 46‑year‑old man, whose identity is withheld, was convicted in the Central Criminal Court of two counts of assault, harassment and theft against his former partner between November and December 2009. He was sentenced to six years' imprisonment, with the final two years suspended, by Mr Justice Patrick McCarthy on 19 June 2012. He appealed the conviction and the sentence. The Court of Criminal Appeal dismissed his appeal against conviction but allowed his appeal against the sentence, suspending the unserved portion of the sentence. Mr Justice Alan Mahon explained that the victim was a Mauritian woman who had begun a relationship with the man, also Mauritian, and that the assaults involved beatings, slapping, a hair‑straightener and a lamp, causing superficial injuries. The judge noted the sentence was excessive for a first‑time offender and that the suspended period commenced from the date of the appeal hearing. The unnamed 46-year-old pleaded not guilty.
In a 2016 case, a 40‑year‑old married man from Kerry was sentenced to three years' imprisonment, with the last 18 months suspended on strict conditions. He was found guilty of two counts of threatening or putting a witness in fear during a Garda investigation between 29 April and 28 May 2010. The defendant had sent the victim, a sex worker, harassing text messages and emails that called her a whore and threatened to expose her as a prostitute to her family and neighbours if she did not drop criminal allegations. He had no prior convictions and was described by a character witness as a straight, decent husband and father. The court noted the victim's fear and isolation, and the defendant's lack of contact with her during the suspended period. The sentence was imposed by Mr Justice Patrick McCarthy at the Central Criminal Court. The unnamed 40-year-old pleaded not guilty.
Anne Fennell, a 57‑year‑old Dublin woman, pleaded guilty at Dublin Circuit Criminal Court to two counts of harassing Fr Desmond Byrne by telephone on 8 October 2006 and between 5 October 2005 and 10 January 2006. She also admitted to sending obscene phone messages threatening to bomb President Michael D Higgins and several ministers. The court heard that she had called the president a "ladyboy" and threatened that he and "Sabrina Higgins" would be buried in plastic bags if they entered England. She made repeated bomb threats in April and October 2014, prompting a search of the area around Dáil Éireann on 18 November 2014. Fennell had her sentence for the obscene messages adjourned to allow her to continue psychological therapy. Judge Patricia Ryan adjourned the harassment hearing to July, remanded her on continuing bail and ordered a victim impact statement.
During the trial of a 34‑year‑old man accused of raping a woman with Down syndrome, ten women testified that they were harassed or pestered by him near the alleged rape site. The incidents, mostly within days of the alleged rape on 12 June 2013, involved the accused approaching women on the street, offering wine or cigarettes, and asking for sex for money. One 18‑year‑old witness described being grabbed, offered €200 for sex, and then physically attacked by her before fleeing. Other witnesses recounted being followed, stared at, and threatened by the accused, who was described as dark‑haired and dark‑complexioned. The accused admits some sexual contact but claims it was consensual and that he did not know the woman was mentally impaired. The trial continues before Mr Justice Tony Hunt and a jury of six men and six women. Down Syndrome pleaded not guilty.
Corkman Colin Joyce, 35, was remanded in jail for three months after a judge said he had "signally failed" to stop him from sending harassing letters to the Royal College of Surgeons (RCSI). Joyce had previously received a three‑year suspended sentence in February for sending threatening letters to ten former supervisors and tutors at the college, after being refused re‑admission to complete his medical degree. The suspended sentence included a structured treatment plan for his autism spectrum disorder and a prohibition on contact with the college. The court heard that Joyce had continued to send letters and had committed other acts of harassment, including bomb‑threat phone calls to the Criminal Courts of Justice, St Patrick's Psychiatric Hospital and the Civic Offices at Wood Quay, as well as throwing paint at the RCSI building, breaking windows, and knocking over a trolley of Jehovah's Witness leaflets. Corkman Colin Joyce pleaded guilty.
Ian Waters, 35, of Springfield Heights, Newtownmountkennedy, was sentenced to six years' imprisonment with two years suspended for harassing and threatening two former partners, Orla Sheridan and Amy Tresson, over money. He pleaded guilty to harassing Sheridan with mobile calls and texts from 19 August to 10 December 2013, and to making menacing demands of Tresson between May and July 2014. Waters claimed he was under debt pressure and sought cash from Sheridan, who lent him over €10,000, and from Tresson, who gave him €1,000 after he threatened to drag her from work and kick her in the head. He threatened to shoot or kill both women and their families. Judge Patricia Ryan imposed consecutive sentences totalling six years, suspended two years, and ordered Waters to stay away from Sheridan and her family for twenty years. No prior convictions were recorded.
Grainne O'Toole, 42, received a suspended two‑year jail sentence after pleading guilty to harassing Jennifer Doran, the wife of a former colleague, between 1 October 2011 and 2 February 2012. O'Toole sent more than 310 abusive texts, calls and tweets, averaging 35 calls a day during a month. She had worked for Meridian VAT International in Tallaght, where her supervisor Colm Doran had a meeting with her over personnel matters. After resigning, O'Toole became fixated on Mr Doran and, more specifically, on his wife, whom she had never met. Diagnosed with autism and obsessive persecution delusions, she tweeted about Doran again in July 2014 and was remanded in custody. In October 2014, Judge Patrick McCartan granted bail and adjourned the sentence for one year to allow treatment and continued college studies, warning that a re‑offence would lead to imprisonment.
Mark Sheridan, 25, of Railway Road, Clongriffin, Dublin, was convicted of threatening to kill Mark Jones, an acquaintance, on 20 October 2013. He pleaded not guilty to the threat and to charges of firearm possession and harassment between 1 July and 19 October 2013, but was acquitted of the latter offences. The jury found him guilty of the threat after a four‑day trial. At sentencing, Judge Mary Ellen Ring imposed a three‑year suspended sentence and ordered Sheridan to raise €5,000 for a charity nominated by Jones by September. Sheridan must have no contact with Jones, including via social media. The judge noted that Sheridan had not attracted Garda attention since the offence and that the seriousness of the crime could not be overlooked. Jones had previously stated he did not wish to receive compensation.
In a 2015 Dublin Circuit Court hearing, the State's sole mental health facility, the Central Mental Hospital (CMH), was found to have only one‑fifth of the inpatient capacity required for a 50‑year‑old man who had been acquitted of harassment by reason of insanity. Prosecutor Fergal Foley argued that the man, who had pleaded not guilty by reason of insanity to six counts of harassment between 2012 and 2014, should remain in the community because he had made every effort to cooperate and take his medication, and that his underlying delusional disorder was now under control. Defence counsel Feargal Kavanagh agreed that outpatient treatment was sensible given the lack of inpatient capacity. A consultant forensic psychiatrist, Dr Conor O'Neill, confirmed that the man posed no immediate risk to himself or others and should not be committed to the CMH if he could manage treatment in the community.
In a Dublin Circuit Criminal Court trial, Mark Sheridan, aged 25, was convicted of threatening to kill Mark Jones on 20 October 2013. Sheridan denied the charge and also denied having a firearm and harassing Jones between 1 July and 19 October 2013, but the jury acquitted him of those offences. The jury heard that Jones was stopped at traffic lights, with Sheridan behind him in a blue Honda Accord. Jones described Sheridan kicking the driver's door, punching the window, and shouting "You're dead. You're a rat." He also recalled a shout of "You're dead. Get out of the car" and a mention of a pipe bomb. After the verdict, Judge Mary Ellen Ring remanded Sheridan on continuing bail, adjourned sentencing to 24 July, and ordered a victim impact report. The case was heard over four days and concluded with Sheridan's conviction for the threat of death.
A 50‑year‑old Dublin man was found not guilty by reason of insanity for harassing six people, including five relatives, between 2012 and 2014. He pleaded not guilty under the Criminal Law (Insanity) Act 2006, and both prosecution and defence agreed he was mentally ill. The jury deliberated about ten minutes and returned a special verdict of not guilty by reason of insanity on all counts. Judge Sarah Berkeley adjourned the case to allow an assessment at St Vincent's Hospital, released the man on bail, and ordered him to take an oath not to contact the victims, attend the hospital, and cooperate with a forensic psychiatrist. The psychiatrist diagnosed a delusional disorder related to schizophrenia, confirming the man's lack of mental responsibility. The case was set to continue with further treatment and monitoring.
A 50‑year‑old man stands trial in Dublin Circuit Criminal Court for harassing six people, including five relatives, between 2012 and 2014. He has pleaded not guilty by reason of insanity under the Criminal Law (Insanity) Act 2006, a law that allows a jury to return a special verdict if the accused was not mentally responsible at the time. Both prosecution and defence argue that the man was mentally ill during the incidents. The prosecution, led by Fergal Foley BL, described a "virtual campaign of harassment" involving numerous phone threats, including 530 calls to a Garda officer and accusations of persecution by Barack Obama. Defence counsel Feargal Kavanagh SC said the man was influenced by media and believed the recipients were corrupt or criminal. The trial, to be heard by Judge Sarah Berkeley, will conclude after the jury considers evidence from a consultant psychiatrist. The case remains at the trial stage.
Vasilica Stan, a 21‑year‑old Romanian who had lived in Dublin since age 14, pleaded guilty in the Dublin Circuit Criminal Court to assaulting Haseeb Ghous and Majid Khan on 7 December 2013 at the Alchemy nightclub. He claimed he had been motivated by a text that the men had harassed a female friend, describing his actions as "misguided chivalry". The court found no physical provocation and accepted that Stan was remorseful. Judge Martin Nolan imposed a two‑and‑a‑half‑year suspended sentence and ordered Stan to pay €2,000 to Ghous and €1,000 to Khan within a year. The assault occurred at 2:10 am; Ghous was knocked unconscious, suffered dental and facial injuries, and was treated at Mater Hospital, while Khan was hit twice, later experiencing dizziness and neck pain. Stan admitted the assault but denied kicking Khan when he was on the ground. The court received reference letters from his employer, girlfriend and landlord.
George Murray, 46, was sentenced to three and a half years in prison for harassing a couple, Gareth Sexton and Nora Artola, over a period of almost six months. He repeatedly threatened to kill the occupants, screamed at them, and entered their garden, causing the couple to install CCTV cameras. Murray pleaded guilty to harassment and burglary at Church Avenue South, Rialto, between 12 November 2014 and 3 March 2015, and had 37 prior convictions. Judge Martin Nolan initially suspended the last 12 months of the sentence, but after Murray shouted and cursed at the judge and his lawyers, the judge imposed the full term. Murray has a chronic psychiatric disorder, uses anti‑psychotic medication, and has a history of substance abuse. The couple's CCTV footage and victim impact reports were presented in court but not read out. The judge noted that while Murray's mental health is serious, his crime was serious and the couple felt threatened.
David Nevin, 40, of Terryglass, Nenagh, was sentenced by Judge Martin Nolan at Dublin Circuit Criminal Court to a suspended three‑and‑a‑half‑year sentence for harassing former girlfriend Patricia Dardis from August 2012 to February 2013. Nevin sent repeated text messages, emails, faxes, handwritten notes, and appeared at Dardis's home and workplace, even attempting to contact the CEO of her firm. He pleaded guilty and was remanded in custody in early May to reflect on his conduct. The judge noted Dardis suffered significant emotional trauma and warned Nevin that a repeat offence would lead to a long prison term. Nevin was ordered to remain of good behaviour for three‑and‑a‑half years, to avoid any contact with Dardis, and to pay €1,000 to court within one week, which would be given to the Rape Crisis Centre if not accepted by Dardis. The sentence was suspended in full.
Anne Fennell, 57, of Monastery Gate Green, Clondalkin, faces five charges of harassing Father Desmond Byrne at a Clondalkin address between September and October 2006. She was sent forward from Dublin District Court to Dublin Circuit Criminal Court. Judge Martin Nolan set a trial date of January 20, 2016, with a pre‑trial date of December 4, 2015.
Colin Joyce, 34, a former medical student at the Royal College of Surgeons in Ireland, was sentenced to a three‑year suspended term after pleading guilty to ten counts of sending threatening letters to ten former tutors and staff between June and October 2012. The letters contained threats to release confidential patient information, demands for money, and claims of conspiracies against him. Joyce, who had left the college in 2007 due to mental health difficulties, also threatened to involve paramilitaries and to release sensitive data. He was found to have no prior convictions. The judge, citing Joyce's psychotic vulnerability and lack of insight, imposed a suspended sentence with a 12‑month probation period and a prohibition on approaching or contacting the RCSI or its staff. The court noted that no further harassment of RCSI staff had occurred. The case highlighted Joyce's history of mental health treatment and his attempts to complete his medical degree after repeated setbacks.
In a High Court ruling on 19 February 2015, Mr Justice Paul Gilligan committed five water‑meter protesters to prison for contempt of court after they breached a 20‑metre exclusion zone around GMC Sierra installation sites. The court found the protesters' actions amounted to harassment and intimidation of GMC Sierra workers, who had been threatened during meter installation. Damien O'Neill (46) of Coolock and Paul Moore (age not stated) were sentenced to 56 days' imprisonment, the second finding of contempt against them. Mother‑of‑three Bernie Hughes (age not stated) of Finglas, father‑of‑two Derek Byrne (36) of Donaghmede, and father‑of‑three Michael Batty (64) of Raheny were sentenced to 28 days' imprisonment, though Batty's committal was stayed until Tuesday due to his health‑related absence from Ireland. The judge awarded GMC Sierra costs for the five respondents. No other protesters were found in contempt, and the court denied relief to two others.
The High Court found five water‑meter protesters in contempt of court for entering a 20‑metre exclusion zone around water‑installation works, as ordered on 5 November 2014. The five named protesters were Damien O'Neill, Paul Moore, Bernie Hughes, Michael Batty and Derek Byrne. Mr Justice Paul Gilligan said a decision on whether to fine or imprison them would be made at 2 p.m. that afternoon. The court was told that the protesters had been previously ordered not to approach the contractors' vehicles or the entrance and exit of the company's premises. Two other protesters, Mark Egan and Richie Larkin, were not found to have breached the order, and the application for relief against them was refused. All the named protesters were present in court, except Michael Batty, who was excused due to chronic asthma. The company had secured the orders after its workers reported harassment and threats while installing meters in certain areas.
In a court report dated 10 February 2015, the publication corrected an earlier mistake. It stated that the decision on 11 July 2014, which quashed a restraining order against a man acquitted of harassment, was made by Ms. Justice Marie Baker, not by Judge Grainne Malone. The article apologized to Judge Malone for the error and the distress it caused her.
In February 2015, a 40‑year‑old man named Jason White pleaded guilty in Dublin Central Criminal Court to harassing and threatening a neighbour, Jacqueline Hogg, over a three‑month period in 2012. White admitted harassing Hogg between St Patrick's Day and 7 July 2012, threatening to burn her house, and making violent threats to her family. He also threatened to damage the house, shouted threats from his upstairs window, and was found very drunk and aggressive. The court heard that youths had been drinking at his house, causing anti‑social behaviour, and that Hogg lived in a constant state of fear. Judge Patrick McCartan imposed a six‑month jail sentence suspended for two years, ordered White not to return to his former home in Doon Court, and noted his cooperation with Probation Services. White had three prior convictions for assault and criminal damage.
Terence Weldredge, 43, was sentenced to 18 months in jail for sending explicit photographs of his penis and menacing messages to a 13‑year‑old girl between September 2011 and January 2012. He attempted to contact her 273 times over two days, asking for sex and sending a photo of a man in a balaclava with a gun. The victim reported being harassed "24/7", suffering depression, and attempting suicide. Judge Mary Ellen Ring suspended the final 18 months of a three‑year sentence on the condition that Weldredge attend psychotherapy or other services directed by Probation Services. He also admitted attempting suicide after being caught and has mental health difficulties linked to drug abuse. The court noted his cooperation with Probation Services and his efforts to address substance abuse issues. Terence Weldredge pleaded guilty.
Garda whistleblower Keith Harrison, the applicant, brought a High Court challenge against the Garda Commissioner to halt internal disciplinary proceedings. Harrison denies all allegations, which include verbal and physical abuse, assault, and harassment of his partner, as well as allegedly accessing her car details on the Garda Pulse system 25 times between August 2009 and April 2013. He claims there is no bona fide basis for the inquiry and that the appointment of an investigating officer on December 1 was unlawful and unconstitutional. Harrison seeks orders prohibiting the investigation into alleged breaches of Garda Disciplinary Regulations and criminal conduct between October 1998 and October 2013. He argues his partner was unlawfully pressurised into making a statement, which was subsequently forwarded to GSOC, and that both their privacy rights were breached. Counsel Mark Harty SC stated the decision to investigate was malicious and oppressive, citing prior bullying following Harrison's arrest of a colleague in Athlone. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis and imposed a stay on the disciplinary process pending the outcome. The matter was adjourned and made returnable to a date in late January.
A garda is to face two separate trials at Dublin Circuit Criminal Court next year on allegations of harassing women. Garda Donal Maguire, aged 38, is charged with harassing one woman at a Dublin location during 2012, and with harassing a second woman at a Dublin location on dates in 2014. The accused, formerly resident in Kilbarrack, Dublin, is now living in Bundoran, Co Donegal. At a hearing before the District Court, the defence indicated both trials would require approximately three days each. Trial dates have been set for 30 June and 12 October 2015. Garda Maguire has been remanded in custody pending trial. Pre-trial dates were scheduled for 15 May and 10 July 2015. The court noted that no plea has yet been entered, and the accused remains presumed innocent.
In a Dublin Circuit Criminal Court case, 39‑year‑old Mark Mulligan was sentenced to three and a half years' imprisonment for harassing a woman and discussing the rape of her young son. Mulligan admitted to harassing the victim between 2008 and 2012 and to possessing child pornography at his home on 7 July 2013. He pleaded not guilty to a third charge of producing child pornography between 1 and 17 March 2013. The judge, Patricia Ryan, found him guilty after a 44‑minute jury deliberation, noting the harassment spanned years and involved late‑night texts and emails. A four‑and‑a‑half‑year sentence was imposed, with the last year suspended. Mulligan was ordered to stay away from the victim and her family for 30 years, to comply with probation services for 18 months after release, and to engage in rehabilitation or treatment as directed. The sentence was back‑dated to 7 July 2013.
In a High Court hearing on 19 November 2014, GMC Sierra Ltd sought contempt of court proceedings against four anti‑water‑charge protesters who allegedly breached a 20‑metre exclusion zone around sites where the company was installing water meters in Dublin. The company had obtained injunctions to protect its workers from harassment and intimidation. GMC Sierra's counsel, Jim O'Callaghan SC, presented an affidavit alleging that, after the court's November 5 order, the company's planned installation of about 500 meters was reduced to 200, and that a worker was struck by a van, another was knee‑knocked, and the 20‑metre zone was breached. The judge, Justice Gilligan, acknowledged evidence of breaches by the four respondents, allowed them to submit affidavits and to apply for leave to cross‑examine GMC Sierra workers, and adjourned the attachment and committal motion to the following Monday.
In November 2014, anti‑water‑charge protesters John Darcy and Anthony Eccles filed applications with the High Court seeking legal aid for proceedings in which they are accused of breaching court orders that prohibit intimidation or interference with the installation of water meters by GMC Sierra. The men, along with other protesters, deny the allegations and argue that the state's refusal to provide legal aid to those facing potential loss of liberty in non‑criminal proceedings violates the Irish Constitution and the European Convention on Human Rights. The High Court, presided over by President Nicholas Kearns, set a hearing for 9 December and ruled that no stay would be granted to prevent the contempt of court applications from proceeding. The case involves separate judicial reviews and a contempt of court application by GMC Sierra, which seeks to protect its workers from alleged harassment and interference.
GMC Sierra, a water‑meter installation company, has asked the High Court to bring contempt proceedings against four more individuals who it says have breached court orders that restrict protesters from approaching within 20 metres of its work sites. The company claims that one protester scaled a wall and entered a workstation where a meter was being installed. Justice Paul Gilligan granted GMC permission to serve short service of proceedings and set a hearing for next Wednesday, when the company intends to pursue contempt applications against additional alleged offenders. Some of those accused of contempt have requested that the Wednesday proceedings be stayed until separate High Court hearings determine their entitlement to legal aid. GMC previously obtained injunctions to prevent assault, intimidation or interference with its workers, who have reported harassment, obstruction, assault and threats while installing meters in Dublin 5 and Dublin 13. Protesters' lawyers deny wrongdoing and argue their demonstrations are lawful and peaceful.
Mark Mulligan, aged 39, was found guilty of harassing a named woman in Dublin between 2008 and 2012 and of possessing child pornography at his home on 7 July 2013. He had pleaded not guilty to a third charge of producing child pornography between 1 and 17 March 2013. The court heard that Mulligan had developed a fantasy world due to loneliness, which led to online conversations where he discussed raping and torturing children and adults. He also sent a non‑explicit photograph of a three‑year‑old boy to an unknown Skype user, who suggested kidnapping and killing the child's parents. Mulligan claimed the conversations were "sick fantasies" and that he never intended to act on them. The judge adjourned sentencing to allow Probation Services to assess him. The case remains at the trial stage, with no sentencing yet announced.
In a High Court hearing on 13 November 2014, lawyers for GMC Sierra, a water‑meter installation company, argued that several protestors had breached court orders that protected the company's workers from intimidation and harassment. GMC Sierra had previously obtained injunctions preventing anyone from assaulting, intimidating or interfering with its workers in Dublin 5 and Dublin 13, and had secured an additional order creating 20‑metre exclusion zones around its work sites. The company seeks contempt proceedings to have the alleged offenders attached and committed to prison or fined. Protestors' lawyers, however, request that the contempt application be stayed pending a separate High Court case on whether those facing contempt proceedings are entitled to legal aid. The judicial review of that legal‑aid claim has been granted and will be heard by the High Court President, while the contempt application is scheduled for next week. The court noted the two matters are distinct and should be considered separately.
In November 2014 the High Court granted GMC Sierra Ltd an order creating a 20‑metre exclusion zone around its water‑meter installation sites in Dublin. The company had earlier obtained injunctions in October to protect its workers from harassment, intimidation and interference. GMC claimed that protesters had escalated their activities, including blocking vehicles, damaging equipment and threatening workers, and that the protests were "seriously impairing" the installation work. Video evidence showed what the judge described as a significant deviation from lawful protesting, and other evidence suggested workers were followed home and subjected to assault. The judge, while recognising the constitutional right to protest, ruled that the exclusion zone would not apply to residents or people carrying out normal business. The order also prevented protesters from blocking GMC's vehicles from accessing or leaving the sites. The case was not about the policy of water charging but about protecting the rights of GMC's workers.
A dispute between construction workers and the developers of a new school in Lucan, Co Dublin, has returned before the High Court. Last month, the trade union Unite and several of its members undertook not to engage in harassment or block entrances as part of their dispute with JJ Rhatigan & Co over the use of subcontractors to replace direct labour which workers say leaves them with less favourable terms and not being properly paid. This is denied by Rhatigans. Following the undertakings, Mr Justice Paul Gilligan granted injunctions restricting picketing at the site of a new community school at Kishoge, Lucan, as well as at sites in Lucan and Drumcondra where Rhatigans also operate. The order limited the number of picketers at each of the sites to between four and eight.
Gráinne O'Toole, 41, an autistic woman diagnosed with obsessive persecution delusions, was remanded in custody in July after repeatedly harassing Jennifer Doran, the wife of a former colleague, with over 310 abusive texts, calls and tweets between October 2011 and February 2012. At the original sentencing hearing, O'Toole pleaded guilty at the Dublin Circuit Criminal Court. Judge Patrick McCartan adjourned her sentence for one year, allowing her to continue treatment and college studies in the community. He warned that re‑offending within 12 months would result in imprisonment. The judge set the case to be concluded in October 2015, with the possibility of re‑entry if O'Toole re‑offended. O'Toole's behaviour was described as a campaign of harassment that impacted Doran's private, business and personal life. The judge noted her improvement in appearance and demeanour during a recent prison visit, and that she was now medically compliant with treatment. The case remains pending until the adjourned date.
A garda has been remanded in custody at Dublin Circuit Criminal Court after being arrested on a bench warrant for failing to appear at a scheduled hearing. Garda Donal Maguire, aged 38, faces charges of harassing a woman at locations in Dublin during 2012 and early 2013. He was arrested at his mother's home in Bundoran, County Donegal, after Judge Mary Ellen Ring issued a warrant when he did not appear as directed. The accused, formerly of Kilbarrack in Dublin, told gardaí he lacked funds to travel for the court appearance, though this explanation was disputed by inspectors. His defence counsel indicated a bail application may be sought at the next hearing on November 10th. The judge stressed that no plea has yet been entered and the defendant remains presumed innocent pending trial.
A bench warrant has been issued for the arrest of a garda accused of harassment following his failure to appear at Dublin Circuit Criminal Court. Garda Donal Maguire, aged 38, faced charges of harassing a woman at a Dublin location during 2012 and again during 2012 and early 2013. He had been remanded on continuing bail in July with an instruction to appear for arraignment today. The accused, formerly resident in Kilbarrack, Dublin, is currently based in Bundoran, County Donegal. His defence counsel noted that Maguire had discharged himself from hospital in Sligo to attend his previous court date and requested discretion in executing the warrant given the circumstances involved. The prosecution indicated the accused is accessing mental health services, with certain concerns noted. Judge Mary Ellen Ring issued the warrant at Dublin Circuit Criminal Court.
In a High Court decision on 15 October 2014, Mr Justice Michael White allowed Stephen Costello (43) and his wife Karen to pursue a damages claim against the Garda Commissioner for alleged harassment and intimidation. The judge noted that while there had been inordinate and at times inexcusable delays in the case, the court exercised discretion not to dismiss the claim. The Costellos had previously obtained a 2005 injunction preventing Garda entry into their home without a warrant or household request, which the judge vacated as it could not stand. The Commissioner had sought to strike out the claim, citing delays by the Costellos, but the judge found no prejudice to the Commissioner's defence and allowed the claim to proceed to full hearing. The case remains pending, with the court emphasising the need for an expeditious exchange of pleadings and early hearing.
The Garda Commissioner has sought to have the claim for damages brought by Stephen Costello (43) and his wife, Karen, dismissed. The couple alleges they have been subjected to an ongoing campaign of Garda harassment and intimidation. In 2005, the couple was granted an injunction preventing Garda entry to their home except under a warrant or at the request of a household member. The Gardai deny the claims. Mr Costello believes the Gardai mistakenly think he is involved in the drugs trade, stating he has never been involved in any illegal activity. The Garda Commissioner has asked the court to strike out the Costellos' claims for alleged trespass, intimidation, and harassment. The couple has opposed the application. Mr Justice Michael White reserved his decision. Counsel for the Commissioner argued there was an inexcusable and inordinate delay by the Costellos in progressing their claim. The Costellos' counsel denied any delay, citing changes in legal representation and illness of the barrister. Mr Costello, who worked in the environmental section of South Dublin Co Council, stated the Gardai commenced harassment against him 18 years ago. He said he was first arrested in 1996 and questioned about stolen guns. The detective who questioned him was later discharged and has been convicted of criminal convictions. Another garda who arrested him was convicted and jailed for dangerous driving causing death, while another who arrested Mr Costello was jailed for tax evasion. The couple obtained a High Court injunction against the Gardai, but Mr Costello claims he has continued to face harassment, including being stopped, searched, and strip searched for drugs on multiple occasions. The claims of harassment are denied.
In Balbriggan District Court on 27 March 2014, David Donnelly, aged 20, pleaded guilty to assault causing harm to Jennifer Coffey in Lusk Graveyard on 5 August 2012, fracturing her nose. He received a six‑month suspended sentence and was bound to the peace for two years. Donnelly also pleaded guilty to harassing Coffey's father, Michael, on 6 April 2013, and was ordered to a probation bond for 18 months and to comply with Probation Services. He was required to complete a Victim Awareness course and take prescribed medication. The court noted his high risk of re‑offending if he does not adhere to treatment. Separately, Sean Lynch, 26, was remanded on continuing bail for assault involving a lit cigarette in a victim's eye, with the case adjourned to 24 April pending further disclosure. Paul Boylan, 35, was charged with possession of false number plates; his case was scheduled for a hearing on 9 June at Swords District Court.
Swords District Court heard several matters presided over by Judge Dermot Dempsey. James Maguire pleaded guilty to using threatening and abusive behaviour and obstructing a garda. He was convicted and sentenced to three months in prison, suspended for two years, and fined €200. Wayne Reid admitted cultivating two cannabis plants and possessing cannabis herb. He received 240 hours of community service work in lieu of a two-month prison sentence. Austin O'Reilly was charged with harassing and intimidating people while begging. The case was dismissed after the defence successfully argued that the prosecuting garda failed to provide evidence regarding a licence or permit. Geoffrey Melia pleaded guilty to being intoxicated, using threatening and abusive behaviour, and causing criminal damage at Swords Garda Station. He was convicted and sentenced to four months in prison. Additionally, a bench warrant was issued for Paul McGoldrick, who was found guilty in his absence of unlawful possession of cocaine, for the purpose of sentencing.
The High Court trial of a civil damages claim brought by Joanne Quinn against retired Detective Sergeant Edward Justin Clarke is ongoing. Ms Quinn, 41, of Castlebar, Co Mayo, alleges she was stalked and sexually harassed by Mr Clarke between 2002 and 2005 while he investigated her prior abuse complaints. Mr Clarke admitted to a sexual relationship but pleaded it was consensual, denying the allegation of rape. Counsel for Ms Quinn, Martin Giblin SC, argued Mr Clarke abused his position of authority, specifically alleging rape on New Year's Eve 2002. Conversely, counsel for Mr Clarke, Roughan Banim SC, stated his client accepted the relationship was inappropriate due to his role but maintained it was not rape. Mr Banim noted Mr Clarke's 33 years of service and the severe personal impact of the allegations. Under cross-examination, Ms Quinn explained her delay in reporting was due to disbelief in her claims given Mr Clarke's status. The jury is tasked with resolving whether the sexual acts were consensual. The matter was adjourned and continues.