Businessman Denis O'Brien is seeking findings that would be 'entirely destructive of' and 'effectively undermine' parliamentary speech, the Supreme Court has heard. Maurice Collins SC, representing the State, stated that O'Brien's proceedings arise from statements made by TDs Pease Doherty and Catherine Murphy regarding his banking affairs, which could indirectly substitute the courts for the Dail as the arbiter of parliamentary speech. O'Brien's legal team rejected these claims. Collins argued that the proceedings concern how the Dail Committee on Procedure and Privilege (CPP) handled O'Brien's complaint about the TDs' statements in May-June 2015, which the CPP dismissed. O'Brien has challenged this decision in judicial review. Collins contended that the CPP, as an agent of the Oireachtas, is protected under Article 15 of the Irish Constitution, which allows free speech in the Oireachtas, and that its decisions are non-justiciable. He referenced the Supreme Court's 2014 judgment in favor of a Seanad committee. Michael Collins SC for the CPP stated that any court review of the committee's decisions would render its protections under Article 15 'wholly illusionary.' Eileen Barrington SC for O'Brien argued that the CPP failed to follow its own rules and that the courts should intervene to protect the rights of a non-member of the Oireachtas. O'Brien claims the TDs did not act in good faith when making their statements. In 2016, Ms Justice Una Ni Raifeartaigh dismissed O'Brien's action, citing separation of powers and the potential chilling effect on parliamentary speech. The appeal focuses on the CPP's finding that the TDs did not breach standing orders. Following submissions on Tuesday evening, the seven-judge Supreme Court reserved its decision, with Chief Justice Frank Clarke noting it may take time before a judgment is delivered.
A teenager with dyspraxia, speech and language difficulties, and an auditory processing disorder has filed a High Court challenge after the State Examination Commission refused to provide her with an individual reader for her Junior Certificate exams. The teen applied under the Commission's Reasonable Accommodations at Certificate Examinations (RACE) Scheme, supported by medical reports, but the application was denied because her scores on certain tests were deemed too high to warrant assistance. The refusal was upheld on appeal, and the teen's lawyers argue the decision was flawed, unreasonably lacking in proportionality and failing to consider her auditory processing disorder. She claims the decision will seriously prejudice her, discriminates unfairly, and causes significant stress and anxiety. The judicial review was granted ex‑parte by Mr Justice Seamus Noonan, with the matter returnable next week as exams begin in early June.
In a High Court hearing on 23 April 2018, Patricia Martin, a wheelchair‑bound retiree who lives in a nursing home, obtained a possession order for her South Dublin bungalow at Mount Merrion Avenue, Blackrock. Martin had bought the property in 2013 and discovered in 2016 that Darko Malencia was living there without her permission. She had never met him, never entered into an agreement, and had not received any rent. Malencia claimed he had been given a letting by an unknown party. After letters in early 2017 failed to prompt him to leave, court proceedings were started. Malencia did not contest the application. The High Court, hearing an appeal from the Circuit Court, granted Martin possession, but imposed a four‑week stay to allow Malencia to arrange his affairs and vacate the premises.
A €20 million claim against the Health Service Executive (HSE) by Eamon Keogh, trading as Keogh Software, is due to commence before the High Court next week. The matter is at the hearing stage and is expected to run for 12 weeks. Keogh Software alleges it provided software services to Irish hospitals between 1992 and 2009 and claims the HSE breached a new agreement entered into in late 2008. The applicant asserts the HSE failed to implement the agreement, breached copyright by allowing third parties to reverse engineer its products, and used its software at over 50 locations without licence or remuneration. Keogh Software also alleges the HSE maliciously stated in 2009 that the company had ceased business. The applicant seeks damages for breach of contract, misrepresentation, breach of copyright, malicious falsehood, and misfeasance in public office, along with a copyright declaration and an injunction. The HSE denies all allegations, stating it did not enter into a new agreement in 2009 and was not under contractual obligation to renew contacts. It denies acting wrongfully or in breach of copyright. In a counterclaim, the HSE alleges Keogh Software breached support and maintenance agreements by making 14 staff redundant in May 2009, rendering it unable to comply with service obligations. The HSE seeks a declaration of breach, damages for duress and professional negligence, and compensation for the alleged breach of contract.
In a High Court hearing, John B. Dockrell Ltd, a vegetable grower, alleged that Mr John Kinsella had trespassed on approximately 150 acres of land purchased in June 2017 in Ferns, Co. Wexford. Dockrell claimed Kinsella entered the property without permission, ploughed the fields, chained gates, placed large concrete blocks, and used vehicles to block the entrance. A vehicle used to block the entrance was impounded by the Gardai, later retrieved after a fine, and repositioned in front of the entrance, causing financial loss to the company. Dockrell secured an ex‑parte temporary injunction preventing Kinsella from coming within 100 metres of the land at Lodgewood and restraining him from interfering with the plaintiff's quiet enjoyment. The injunction remains pending while the case returns to court later in the month. Ms Justice Carmel Stewart upheld the injunction and deemed service on Kinsella effective. The matter is set to return before the courts later this month.
The Charleton tribunal heard that former Garda Commissioner Martin Callinan drafted a response to solicitor Gerald Kean after whistleblower Sergeant Maurice McCabe complained about Kean's remarks on an RTE programme. Det Supt Frank Walsh, who had worked as Callinan's private secretary, met Kean on 12 February 2014, two weeks after Kean criticised McCabe on the Marian Finucane show. Walsh conveyed Callinan's draft to Kean, who incorporated four paragraphs into his reply to McCabe. No letter was mailed to Kean. The tribunal noted that the draft and reply were not added to McCabe's file at Garda HQ. Chairman Mr Justice Peter Charleton described the situation as "really really really strange" and emphasised that the documents were not hidden but were found after extensive searching. The tribunal adjourned, to resume on 30 April.
The Charleton tribunal heard evidence from former Department of Justice secretary general Brian Purcell, who stated that former garda commissioner Martin Callinan made no attempt to smear whistleblower Sergeant Maurice McCabe. Purcell testified that in 2013, Callinan provided a factual briefing regarding a 2006 historic abuse allegation by a Miss D, noting that the DPP directed no prosecution because the investigation found no evidence of a crime. Purcell described his primary concern as the handling of penalty points and the risk of confidential information entering the public domain. He clarified that a text message praising Callinan's performance before the Public Accounts Committee was a gesture of solidarity. Housing Minister Eoghan Murphy told the tribunal that rumours circulated in Leinster House that garda whistleblowers were "odd," aiming to discredit their uncomfortable evidence. Murphy noted that Leo Varadkar was frustrated that Sgt McCabe's claims were not being taken seriously. Former garda John Kennedy, who worked as a driver for Labour minister Pat Rabbitte, denied telling Rabbitte that Sgt McCabe "couldn't be trusted with children." Kennedy stated he did not know Sgt McCabe and expressed sympathy for him. Tribunal chairman Mr Justice Peter Charleton remarked that he did not believe Kennedy was a malicious gossip, suggesting any such conversation would have been confidential. The matter was adjourned, with the tribunal set to resume to hear evidence from Supt Frank Walsh.
The High Court confirmed Michael McAteer as interim examiner for the Sammon Group and its related companies after the collapse of Carillion. The Irish contractors, which employ over 216 people and are involved in major school building projects across Ireland, were owed about €8 million by an entity linked to Carillion. An independent expert report indicated the companies could survive if a scheme of arrangement with creditors is implemented. McAteer has up to 100 days to prepare this scheme, which, if approved, would allow the group to continue trading as a going concern. The group had been hired by a special purpose vehicle that included Carillion to build several schools and an educational campus, contracts worth roughly €87 million. The collapse of Carillion halted payments, preventing the Sammon Group from paying suppliers and subcontractors, and the court heard the group believes a successful examinership will enable it to finish its contracts on time and return to profitability.
The High Court ruled that money seized from firms linked to associates of Republican Thomas "Slab" Murphy by the Criminal Assets Bureau (CAB) is the proceeds of crime. CAB had begun investigating fuel laundering in 2012, focusing on the Murphy family of Hackballscross, Dundalk, Co Louth and their associates. In 2013 CAB obtained seizure orders against bank accounts of a dozen companies and individuals involved in the scheme. The court ordered that property recovered, including €266,000 in frozen accounts, be held for the State under the 1996 Proceeds of Crime Act. The seized firms—Athboy BioFuels Ltd, TCF Fuels Benali Marketing, Save Fuels Ltd, Hibernia Fuels Ltd, Vienna Fuels and Shin Ram Ltd—were part of an elaborate fuel laundering operation that involved laundering marked green diesel into unmarked white diesel for profit.
Benedict Ó Floinn Bl, a barrister, has filed a defamation claim in the High Court against Minister for Health Simon Harris and Senator Catherine Noone. The suit follows tweets from the politicians that Ó Floinn says were defamatory, disparaging and damaging to his professional reputation after his appearance on the RTE radio programme 'Saturday with Cormac Ó hEadhra' on 31 March. He alleges the tweets prompted media articles that further harmed him. Ó Floinn seeks damages and an order to remove the disputed tweets.
In the Charleton tribunal hearing, former Garda Commissioner Martin Callinan told solicitor Gerald Kean that Sergeant Maurice McCabe had not cooperated with an internal Garda inquiry into McCabe's complaints and had breached the Data Protection Act. Kean, who had spoken to Callinan by phone several times before a 2014 RTÉ appearance, said he believed the commissioner was beyond reproach. Callinan asked Kean not to disclose their conversations. After Kean's RTÉ interview, a producer informed him that McCabe had called to complain, prompting Kean to contact Callinan, who insisted the information was correct. McCabe later complained that Kean's comments had upset him. Kean wrote to Callinan about the complaint, but the letter was not disclosed to the tribunal until the discovery process. The tribunal noted that Kean's response to McCabe incorporated material from a draft prepared by Callinan. The hearing also covered Kean's interactions with other Garda officials and the handling of phone records.
In a High Court hearing on 11 April 2018, the official administering Sean Dunne's Irish bankruptcy, Chris Lehane, argued that Dunne had not cooperated with the process after his 2013 adjudication. Lehane noted that while some cooperation occurred in 2016, it was "wholly deficient" and led to an application to extend the bankruptcy by up to five years. Dunne denies non‑cooperation and opposes the extension. Lehane explained that Dunne had not attended an interview with the OA until June 2016, and that the documents received—including an 800‑page transcript of a US interview and a statement of affairs—were insufficient in quality. He said Dunne's responses to asset questions were a "complete obfuscation." The extension application is before Ms Justice Caroline Costello, and investigations into Dunne's estate remain ongoing. The bankruptcy, originally due to expire in July 2016, has been extended pending the full hearing.
During the Charleton Tribunal, former Garda Commissioner Martin Callinan was heard to have told Fine Gael TD John Deasy that Sergeant Maurice McCabe was not to be believed or trusted. Deasy recalled that Callinan made these remarks before the former commissioner's appearance before the Public Accounts Committee in January 2014, and that he had spoken to Taoiseach Enda Kenny about McCabe's treatment. Deasy described McCabe as an honest officer who was simply doing his job. The tribunal also heard that Callinan had communicated with the Secretary General of Justice, Brian Purcell, via text messages about a meeting with TD John McGuinness in a Dublin hotel car park. McGuinness testified that Callinan had advised him not to trust McCabe and that McCabe was under investigation for child sex‑abuse allegations. The tribunal continued its hearing the following day.
An application to extend Sean Dunne's Irish bankruptcy has been opened before the High Court. The Official Assignee, Mr Chris Lehane, seeks an extension on grounds that Dunne allegedly failed to provide information on assets he owned or controlled at the time of adjudication, did not supply his address, and did not attend required interviews until early 2016. The businessman, represented by Barra McGrory QC, denies these allegations and opposes the extension. The case involves cross‑examination of witnesses, including US lawyer Timothy Miltenberger, who confirmed Dunne's lack of cooperation with the US trustee. The application is being heard by Justice Caroline Costello and is expected to last several days. The bankruptcy, originally set to expire in July 2016, may be extended for up to five years pending the hearing's outcome.
In a Charleton Tribunal hearing, Fianna Fáil TD John McGuinness said he was shocked when former Garda Commissioner Martin Callinan presented rumours about whistleblower Sergeant Maurice McCabe as fact during a meeting in a hotel car park in January 2014. McGuinness, who had previously heard rumours circulating in Leinster House, described the meeting as "fearful" and said he had taken the commissioner's statements seriously, believing they could be wrong. He denied giving contradictory accounts in media interviews and said he had spoken to McCabe, who assured him the allegations were false. McGuinness called the rumours "absolutely disgusting" and said he felt embarrassed and upset to have to ask McCabe about his family affairs. He said he believed McCabe was an honourable man whose family had been devastated by the accusations and deserved defence.
The Commercial Court has admitted a challenge by Dutch firm Koninklijke Capri-Lux Holding BV against the Dublin Airport Authority (DAA) regarding the award of a €50 million contract to operate electronics stores at Terminals 1 and 2. The applicant, which submitted its tender in early January and was ranked second, claims the DAA acted unlawfully and in breach of Irish and EU law. It alleges the DAA failed to answer specific questions, acted in manifest error, and considered irrelevant factors. Koninklijke Capri-Lux seeks to have the contract award quashed, the decision remitted for reconsideration, and various declarations regarding the DAA's conduct, alongside damages. Mr Justice Brian McGovern admitted the action to the fast-track Commercial Court list on Monday. He also ordered that the successful bidder, Inmotion Entertainment Ltd, be added as a notice party. There were no objections to the applications. The matter was adjourned and will return before the court later this month.
A dispute between a financial fund and a court-appointed receiver against the owners of residential properties across multiple counties has been admitted to the fast-track Commercial Court list at the High Court. Seaconview DAC and receiver Anne O'Dwyer have brought proceedings against Chevas Securities Ltd and James and Conor Fagan concerning 28 apartments at Royston Village, Kimmage, and additional properties in Sligo, Dundalk and Galway. Ms O'Dwyer, appointed receiver in December, seeks injunctions to prevent the defendants from interfering with the receivership or accessing the properties. The fund claims it is owed €9.2 million in respect of loans originally advanced by Ulster Bank between 2002 and 2007, which the fund acquired in 2015. Ms O'Dwyer claims she has been obstructed in collecting rental income from the properties. Mr Justice Brian McGovern approved admission to the fast-track list. The defendants' solicitor opposed the application, indicating ongoing negotiations. The matter is scheduled to return to court later in April.
In a High Court hearing, an Irish man who claims he was a paid Garda informer (CHIS) seeks to prevent his extradition to France on a 17‑year‑old drug‑trafficking conviction. He argues that the Gardaí failed to protect him after his arrest in France, and that they had promised him safety, confidentiality and immunity from prosecution. He wants documents he obtained from the Gardaí to be used in his claim against the Garda Commissioner, the Attorney General and Ireland for alleged negligence, breach of contract and misrepresentation. The State denies that any protection was promised and argues that handing over the documents would risk operational security. The court has adjourned the case to allow further submissions before deciding whether to allow the documents to be presented to an English court.
In March 2018, the High Court granted an injunction to Havbell Designated Activity Company, ordering up to 20 individuals described as "squatters" to vacate 44 North Circular Road, Dublin. The injunction, pending a full hearing, requires the occupants to leave by 7 pm on 23 March. The fund, represented by Ronan Murphy SC and Ronan Kennedy BL, claims the property had been vacant for just over a year after a 2017 fire and was sold by PTSB in 2016. Agents discovered the building had been broken into, lights on, and 15–20 people living there, mostly males and some females of various nationalities. The occupants wore balaclavas, refused to leave, and had bypassed the ESB meter. Gardai were called, and the fund sought to enforce the injunction to prevent further trespassing. The court directed that the order be posted on a sign at the property.
In a High Court hearing, the board of Clonkeen College claimed it was kept unaware of a €18 million sale of part of the school's playing fields to builder Patrick Durkan. The board, which has run the school since 1998, said the Christian Brothers, the school's patrons, had sold about seven acres of the grounds without informing the board, which only learned of the deal in May 2017. The board argued the sale breached a 2006 agreement that the fields should remain available for the school and that only the monastery site could be developed. It seeks declarations that students retain use of the fields and that the congregation must perform the 2006 agreement. The congregation denies any wrongdoing, claims the board has no interest in the land, and says the 2006 agreement is void. The case is before Justice Carmel Stewart.
In a High Court hearing on 15 March 2018, Gerald and Olivia Dorian of Ivy Cottage, Rock Road, Blackrock, Dundalk, Co. Louth, sought an interim injunction against their neighbour Ruth Black. The dispute concerns a small plot of land outside the front wall of Ivy Cottage that contains mature flower beds. The Dorians claim the beds are part of their property, which has been in their family since 1903, and that Ruth Black, who bought an adjoining property in 2017, has no legal right to claim ownership. The Dorians allege that Black's solicitors asserted ownership and that Black has already arrived with machinery to carry out works that could remove the beds and ivy. On ex‑parte, Justice Caroline Costello granted the Dorians an injunction preventing Black from interfering with the beds, which measure 18 inches wide by 29 feet long. The Dorians also seek a declaration that the beds belong to them and form part of their property.
In a High Court case, Lorcan Bourke, a descendant of Peadar Kearney, has sought the return of an original signed copy of Amhrán na bhFiann and other items from the former Bourke's Bar in Limerick. The bar's premises were sold by receiver Anne O'Dwyer of Duff Phelps Ireland Ltd, and a new pub is set to open there. Bourke claims the receiver holds his items, including the anthem copy, two framed pictures of "The Fields of Athenry" and "Dublin in the Rare Auld Times" signed by composer Pete St. John, and seeks declarations that any sale of these items is void, along with damages. O'Dwyer denies possession of the items and has offered an undertaking not to dispose of any that may be in her care pending the hearing. Justice Caroline Costello adjourned the case for a month, allowing both parties to exchange documents and prepare further submissions.
A Belfast student, Roisin Morelli, has applied to the High Court in Dublin for a judicial review to challenge the Irish State's refusal to allow citizens living in Northern Ireland to vote in the forthcoming referendum on the eighth amendment. Mr Justice Charles Meenan adjourned the leave application to 9 April, directing that the application be served on the Taoiseach, relevant ministers and the Attorney General. Morelli, represented by Madden & Finucane, argues that Irish citizens residing in Northern Ireland have a constitutional right to vote in referenda that alter the constitution, and that the State's refusal breaches her constitutional rights, the Good Friday Agreement and the European Convention on Human Rights. She seeks declarations that the relevant provisions of the Referendum Act and the 1992 Electoral Act are unconstitutional, orders to allow her vote, and damages. The case is set to be heard after the referendum date is fixed by the Dáil and Seanad.
In a Dublin Circuit Criminal Court hearing, a 47‑year‑old Somali‑born woman, Sujuur Abdullahi Mohamed, received an 18‑month suspended sentence for importing the East African drug khat. Mohamed, who lives in London, pleaded guilty to possession and importation after being stopped at Dublin Airport on 30 December 2017. She had been offered €1 000 to bring two suitcases of khat into Ireland. Garda David Jordan explained that only the leaves of the plant are considered drug, and that the 31.6 kg of material she carried had deteriorated before it could be weighed or valued. He estimated a street value of about €500, though the judge noted the value could be as high as €10 000. Judge Martin Nolan accepted that Mohamed was uncertain whether khat was illegal in Ireland and, after considering the circumstances, imposed a suspended sentence rather than custodial time. The court also noted that Mohamed had no prior convictions.
In March 2018, Gerry Ward, a south Dublin businessman, appeared before the High Court and apologized for his contempt of court orders that prohibited him from interfering with the receivership of a property he owned. The property, located at Cedar Brook Avenue, Cherry Orchard, Dublin 10, was under the control of receiver Simon Coyle, appointed by the Bank of Ireland in 2015. Coyle had previously sought Ward's attachment and committal to prison for refusing to comply with the court's orders. Ward had contested the validity of Coyle's appointment and had previously refused to purge his contempt. After submitting a sworn statement that included an apology, the judge, Ms Justice Carmel Stewart, concluded the application for Ward's attachment and committal. Ward was ordered to pay the legal costs of the application, while the final outcome of the dispute over the receivership remained pending. The case had been before the courts on several occasions.
In a 2018 extradition case involving Artur Celmer, a judge in Ireland referred the matter to the European Court of Justice, arguing that recent Polish legislative changes have severely undermined the rule of law and democracy. The judge cited the "Reasoned Proposal" issued by the European Commission, which highlighted the dismantling of judicial independence and the merging of the Minister for Justice with the Public Prosecutor General, creating excessive power concentration. The judge warned that surrendering Celmer to Poland would expose him to a judicial system where the Minister for Justice could influence court presidents, potentially chilling judicial administration. Counsel for Celmer described the situation as unprecedented, claiming the reforms threaten the European Arrest Warrant process and mutual trust between EU member states. The case was presented as a lead test for extraditions to Poland, with the judge seeking a ruling on the cumulative impact of the reforms on the rule of law.
A descendant of Peadar Kearney, Lorcan Bourke, has filed High Court proceedings against receiver Anne O'Dwyer of Duff Phelps Ireland Ltd, seeking the return of valuable items that were displayed in Bourke's Bar on Catherine Street, Limerick, until its closure in 2014. The items include an original signed copy of Amhrán na bhFiann, dedicated by Kearney to Bourke's grandfather, and other autographed memorabilia. Bourke, represented by Richard Kean SC and Gareth Robinson Bl, argues that the receiver took control of the premises after the landlord's debts were acquired by Penture Property Finance DAC. He claims the items were removed without permission and may be sold by the receiver. Bourke seeks injunctions to prevent sale, declarations that any sale is void, and damages. The case was granted ex‑parte notice and is set to return to the court on Wednesday.
In a High Court hearing on 9 March 2018, Graham Dwyer's lawyers argued that the use of data from his mobile phone, retained under the 2011 Communications (Retention of Data) Act, breached his privacy rights. Dwyer, who denies murdering Elaine O'Hara, contended that the Act, introduced to implement a 2006 EU directive, was invalid because the European Court of Justice had ruled the directive unlawful in 2014 and 2016. His counsel claimed that the State's evidence was largely irrelevant and inadmissible, focusing on child‑abuse and national‑security investigations rather than Dwyer's case. The State, represented by Brian Murray SC, counter‑argued that the retention regime was essential for preventing and prosecuting serious crime, and that EU law did not govern national security. The case was set to resume the following week.
The Disclosures Tribunal is currently hearing submissions in its third module, which investigates allegations that former Garda Commissioner Nóirín O'Sullivan used unjustified grounds to discredit Sergeant Maurice McCabe at the O'Higgins Commission of Investigation. Barrister Paul Sreenan SC, representing An Garda Síochána and former Commissioner Martin Callinan, argued that the legal team was justified in challenging McCabe's credibility to defend their clients against corruption allegations. Sreenan stated that the tribunal's term of reference arose from leaks from the O'Higgins Commission that have since been demonstrated to be false. He further contended there was no proper basis for the investigation, responding to a question from Mr Justice Charleton regarding whether the module was based on conjecture. Conversely, Michael McDowell SC, representing Sergeant McCabe, asserted that O'Sullivan remained responsible for her legal team's actions, as they acted on her authority. McDowell described the strategy to discredit McCabe as scandalous, citing attempts to link him to a missing computer and a disciplinary process regarding penalty points. He noted that the DPP had directed no prosecution in a related 2006 abuse allegation case due to a lack of evidence. The hearing remains ongoing, with the tribunal continuing to examine the validity of the grounds relied upon by the former commissioner's legal representatives.
A man who says he was a Garda informer is suing the State for failing to protect him after he was arrested in France for drug trafficking more than 17 years ago. He is currently in UK custody awaiting extradition from France, where he was sentenced to four years in prison for drug trafficking offences in 2000. In 2006 he brought proceedings against the Garda Commissioner and the Attorney General, claiming negligence, breach of duty, breach of contract and misrepresentations, and alleging that his constitutional rights and European Convention on Human Rights were breached. He says that in the late 1990s he entered an agreement with the Gardai to act as an informant and that the Gardai were to safeguard his safety, keep his identity confidential and protect him from prosecution. He claims the Gardai failed to intervene with French authorities after his arrest and conviction. The State denied the claims.
In March 2018 the High Court dismissed Stephen Kearney's appeal against a Circuit Court order that granted Permanent TSB (PTSB) possession of his family home at the Old Mill, Ratoath, County Meath. Kearney had challenged the repossession on several grounds, including alleged breaches of the Unfair Terms in Consumer Contracts Regulations, the 1995 Consumer Credit Act, and the failure of PTSB to provide a life assurance policy for him and his late wife. He also argued that his wife's will gave him a tenancy in common, allowing him to live in the property for life. The judge, Mr Justice Max Barrett, found no evidence of unfair terms, rejected the will argument, and held that PTSB had met its obligations regarding the life assurance policy, which had never been activated due to Kearney's failure to pay the premium. Consequently, the appeal was dismissed on all grounds, leaving the possession order in place.
During the Charleton tribunal, Garda whistleblower Sergeant Maurice McCabe urged anyone who had received text messages from a former Garda press officer alleging he abused children to come forward. McCabe explained that Superintendent David Taylor had forwarded a collection of such texts to journalists, senior Gardaí and politicians as part of an "orchestrated campaign" to "destroy him." He said he had not informed Taylor of his conversations with Deputy John McGuinness and that Taylor had not confirmed whether McCabe's Pulse computer activity was monitored. McCabe also noted that Pulse records had been altered in cases he had highlighted, such as a pub inspection that was later recorded as "inspected premises, all normal." The tribunal will resume on Thursday with closing submissions on the third module, which examined whether former Commissioner Nóirín O'Sullivan had used unjustified grounds to discredit McCabe at the O'Higgins Commission of Investigation. The chairman remarked that the proceedings were "the beginning of the end.".
The High Court has authorised proceedings for an additional sexual assault charge against a 78-year-old retired teacher currently in UK custody. The man, a UK citizen with a Donegal address, was extradited to the United Kingdom in July 2017 to face historical sexual assault charges and remains imprisoned awaiting trial. The High Court heard that he is now alleged to have sexually assaulted an underage student at a UK primary school between 1978 and 1980. As this charge was not included in the original European Arrest Warrant, UK authorities required High Court consent to proceed. Ms Justice Aileen Donnelly granted approval for the prosecution on the new matter today.
In a Disclosures Tribunal hearing, former Garda press office head denies ever telling whistleblower Maurice McCabe about a smear campaign involving text messages allegedly compiled by former commissioner Martin Callinan. Sergeant McCabe testified that Superintendent David Taylor told him Callinan had gathered hundreds of such messages, which were then forwarded to journalists. Tara Burns, representing Taylor, acknowledged a meeting but denied forwarding any hundreds of sexual‑abuse‑related texts. McCabe claimed he did not take verbatim notes of the September 2016 meeting but noted key points, describing them as distressing. The DPP had previously directed no charge against McCabe after a 2006 investigation found no abuse evidence. A 2013 copy/paste error created a Tusla file with unrelated allegations. McCabe verified the existence of hundreds of messages the day after the meeting, before making a protected disclosure. The tribunal chair noted a widening gap between McCabe's and Taylor's accounts of what was said.
The National Maternity Hospital (NMH) has secured permission from Mr Justice Seamus Noonan to seek an injunction halting a statutory inquiry into the 2016 death of Malak Thawley. The hospital's judicial review challenges the Minister for Health's decision to order the Health Information and Quality Authority (HIQA) to investigate patient safety issues, including out-of-hours surgery. The court heard that the surgery was performed by an inexperienced junior surgeon without supervision. Alan Thawley, the deceased's widower and applicant in related civil proceedings, previously settled his action for compensatory damages against the NMH. The NMH argues the Minister acted outside his powers, citing three prior reports, and claims the inquiry will undermine clinical confidence. Counsel for the hospital stated that no undertakings to pause the inquiry were received from the Minister or HIQA, necessitating the injunction to prevent the proceedings from becoming moot. The matter was adjourned, with the hearing of the injunction application fixed for Friday.
A High Court challenge to a planning extension granted for a proposed wind farm at Derrynadivva, Castlebar, Co Mayo has been admitted to the fast-track Commercial Court list. Environmentalist Peter Sweetman brought the action against Mayo County Council, Ireland and the Attorney General, seeking to quash the council's October decision to extend planning permission for five years. The extension relates to a four-turbine wind farm development. Mr Sweetman contends that adequate reasons were not provided for the extension and that a proper Environmental Impact Assessment was not conducted beforehand. Developer Ecopower Developments Ltd, which originally secured permission in 2013, is a notice party to the proceedings. The company sought expedited hearing status, citing concerns over project viability and financial loss, particularly regarding compliance with the government-backed REFIT renewable energy support scheme underpinning its value. Ecopower has invested €800,000 to date and estimates a further €11 million is required for completion. Mr Justice Brian McGovern admitted the case to the commercial court list on Monday. The hearing, expected to take three days, was adjourned to July.
AIB has applied for a summary judgment of €6 million against Mrs Siobhan Smith, who, together with her late husband Frank Smith, is alleged to have acted as co‑guarantor for loans used to purchase the Ashleaf Shopping Centre and 33 acres of land at Callighstown, Rathcoole. The bank claims that the loans, amounting to €50 million, were secured by legal charges over the shopping centre, the adjoining Submarine Bar, the Rathcoole lands, and a 20‑year lease of 120 car‑parking spaces. In 2013 receivers were appointed over Gary Smith's assets, and AIB secured a €51 million judgment against him. AIB alleges that Frank Smith entered a settlement with the bank in 2015, which was not complied with, and that Mrs Smith, as executrix, has failed to propose a reasonable repayment plan or to administer her husband's estate.
Permanent TSB Group Holdings Plc, the parent of Permanent TSB bank, has applied to the High Court for approval of a reduction in its share capital. The group, represented by Paul Gallagher SC in the Commercial Court, argues that the reduction is essential for strengthening its regulatory position and meeting future regulatory capital requirements. The application seeks to cancel approximately 3.6 billion deferred shares that originated from capital reorganisations in 2011 and 2015. Each deferred share is valued at €0.289, with a total nominal value of €1.09 million. Under the proposed scheme, holders of these deferred shares, many of whom are smaller investors, would receive a payment of €1.5 million. The group's application was made following a special resolution at the company's AGM in May 2017. Mr Justice Brian McGovern has scheduled a hearing in the Commercial Court for next month, at which the matter will be considered.
In February 2018, a trademark dispute between Allied Imports Ltd, the owner of the Tipperary Crystal brand, and Kavanagh Giftware Ltd was resolved. Allied Imports had sued Kavanagh Giftware for alleged passing off of Tipperary Crystal marks on packaging of mugs and cups sold by the giftware company. The case, admitted to the fast‑track Commercial Court, was brought before Mr Justice Brian McGovern, who was informed that the parties had reached a settlement and the case could be struck out. Allied Imports and its director, Mr Robert Scanlan, argued that Kavanagh Giftware's use of a grey and white graphical representation on the inside and outside of packaging infringed their copyright and caused public confusion. Kavanagh Giftware had sold the products in its Enniscorthy outlet and online, and was also distributing them wholesale to other retailers in Ireland. The settlement ended the litigation without further orders or injunctions.
In a Darndale incident, 37‑year‑old Jonathan Hopkins broke into an elderly couple's home, claiming to be under attack and shouting about a gun. He was found on a shed roof, shouting, punching the air and hallucinating, and had also damaged two parked cars. Gardaí used pepper spray to subdue him. Hopkins pleaded guilty to trespass and criminal damage at the Dublin Circuit Criminal Court. He had been hospitalised in intensive care for a month after the incident. Judge Patrick Quinn, noting Hopkins' extreme intoxication, described his conduct as almost unforgivable but considered his context. The judge praised Hopkins' efforts to seek employment, address addiction, and compensate victims, and noted a character reference supporting his progress and potential as a drug‑treatment counsellor. No jail sentence was imposed.
Two High Court actions brought by former Irish Farmers Association general secretary Pat Smith were resolved. Smith had sought orders for the IFA to comply with a November 2015 agreement in which he claimed the association owed him €2 million – €1 million immediately and a further €1 million over ten years – and had also alleged defamation and sought damages. In a statement read to the court by counsel Mark Connaughton SC, the IFA and Smith confirmed that the actions relating to alleged breach of contract over Smith's departure and the action over statements made after his departure have been settled. The IFA acknowledged Smith's long service, his role as CEO, and that it had made defamatory statements in the media, expressing regret and wishing him well. The other case, aimed at enforcing the 2015 agreement, was also struck out on consent after the judge welcomed the resolution.
In a High Court hearing on 19 February 2018, Justice Caroline Costello dismissed a wife's application to compel the Official Assignee (OA) to investigate her estranged husband's financial affairs. The wife had sought a temporary order preventing the husband from exiting bankruptcy, alleging that he had hidden or failed to disclose assets before his 2016 bankruptcy petition. She claimed to be owed €18,000 from a 2012 loan and other monies. Justice Costello noted that the OA had already examined the husband's affairs in detail and found no need for further investigation, except for two discrete matters already under review. She concluded that the wife's application was not warranted, that the postponement of the husband's discharge was "penal" and not necessary for the administration of the bankruptcy, and allowed the husband to exit bankruptcy. The case centred on the wife's allegations of inconsistencies in financial information provided to the OA and other parties.
In a Dublin Circuit Criminal Court hearing, 42‑year‑old David McDermott pleaded guilty to one count of assault causing harm to his 22‑year‑old adult stepson, Daniel Conlon, after a row over the garden. McDermott, who has a history of alcoholism, entered Conlon's late grandmother's house after several drinks, punched him in the eye, repeatedly struck him in the head, kicked him in the torso and threatened to slit his throat. Conlon recorded the assault on his phone and later provided the audio to Gardaí. McDermott initially denied the assault and threatened to kill Conlon, claiming he loved him as a son. He admitted to drinking a naggin of vodka and several pints before the incident. The court noted the assault was serious and that McDermott had no prior convictions. Sentencing was adjourned to 30 July.
In February 2018, Ms Justice Carmel Stewart directed Gardaí to bring south Dublin businessman Mr Gerry Ward before the High Court next week to answer alleged contempt of court orders. The orders, issued on 20 January, prohibited Mr Ward from interfering with the receivership of his property at Cedar Brook Avenue, Cherry Orchard, Dublin 10, where Mr Simon Coyle had been appointed receiver by the Bank of Ireland in 2015. Mr Ward had contested the receiver's appointment and had previously been prevented from dealing with, occupying, trespassing or interfering with the property. Mr Coyle had brought contempt proceedings against Mr Ward after the receiver failed to gain possession. The High Court had earlier dismissed contempt proceedings against Ms Amy O'Reilly, the property's occupier, who had paid rent to Mr Ward and agreed to vacate the house by early next week.
A fund-appointed receiver has initiated High Court proceedings at the N5 Business Park in Moneen, Castlebar, Co Mayo, seeking the removal of alleged trespassers. Ken Fennell, an insolvency practitioner with Deloitte, brought the action against persons of unknown identity believed to be members of the Irish Travelling Community. The receiver claims caravans have occupied the site intermittently since his appointment, and that peaceful resolution attempts have failed. Counsel outlined concerns regarding health and safety risks, damage to infrastructure including illegal water main access, and burning of rubbish on the property. The alleged trespassers reportedly demanded €10,000 per caravan to vacate the park and acted in a threatening manner towards the receiver's agents. The receiver seeks orders for vacation and cessation of trespass to facilitate the sale of the business park, which comprises commercial units and development land. A Garda operation conducted in 2017 did not resolve the matter. Ms Justice Caroline Costello granted permission to serve short notice on an ex-parte basis and adjourned proceedings for one week.
The Office of the Director of Corporate Enforcement (ODCE) has applied to the High Court to examine documents related to the former charity Console, which was wound up in July 2016 after governance concerns. The ODCE's motion seeks to review electronic documents stored on Console's computers, which were provided by the liquidator. On 15 February 2018, Remy Farrell SC, representing Console's founder Mr Paul Kelly and his wife Patrica, requested an adjournment so that the Kellys could apply for legal aid. The Kellys receive social welfare, and the court heard that they had not yet engaged with the ODCE on the matter. Kerida Naidoo SC, for the ODCE, opposed the adjournment, arguing the motion had been pending for some time and that the ODCE wished to keep any private material belonging to the Kellys separate from the investigation. Justice Caroline Costello granted the adjournment, noting that the Kellys should have legal representation because of competing interests.
St Patrick's School in Galway has filed High Court proceedings against Eoghan O'Neachtain Ltd over the use of its playground as a car park. The school seeks an injunction to recover vacant possession of the playground and to remove the company's belongings. The school's board claims the company has refused to vacate the site and has asserted it holds a lease, which the school denies. In a sworn statement, Brother Niall Coll warned that a lease would severely affect the school's operations. The school maintains it has never entered into a lease agreement and that it operates a licence arrangement, paying a monthly fee for car‑park use during specified hours. The licence, renewed annually, was first with Mr Mairtin O'Neachtain in 1999 and later with his son. In January the company did not renew the licence and has now claimed a lease.
A wind-farm developer operating in County Sligo has obtained a temporary High Court injunction preventing a quarrying company from pursuing a winding-up petition against it. Ms Justice Caroline Costello granted an interim order on Wednesday restraining Hillstreet Quarries Ltd from presenting or advertising a petition to have Derrysallagh Windfarm Ltd wound up over an alleged debt of €80,000. The dispute concerns storage fees for cable drums valued at €500,000, which were placed at Hillstreet's site between February and November 2017 for use in the wind-farm development at Glen, Knockroe, Derrysallagh and Rover. Derrysallagh's counsel argued the storage responsibility lay with a civil engineering contractor hired to carry out works on the project, which has since entered examinership. The developer contends it does not owe payment for storage. The judge noted that winding-up petitions should not be used as debt-collection mechanisms and that the debt is genuinely disputed. The matter was adjourned for one week.
In a 2018 Disclosures tribunal hearing, Sergeant Maurice McCabe's lawyer, Michael McDowell SC, admitted that a false rape allegation was mistakenly included in a 2013 HSE (Tusla) report. McDowell said the error was a "cut and paste" mistake, not deliberate or ill‑willful. The tribunal had previously examined the creation and use of a Tusla file that contained false allegations against McCabe, which was sent to Gardaí in 2013. McDowell argued that the file should have been reviewed before distribution and that the failure to do so caused significant harm to McCabe's family. He questioned the random selection of McCabe's file in April 2014 and the lack of corrective action when new information emerged. The tribunal was adjourned until the following month.
The Disclosures Tribunal heard closing submissions on its first module of inquiry concerning false allegations of sexual abuse made against garda whistleblower Sergeant Maurice McCabe in 2013. The tribunal investigated how a file containing these allegations was created, distributed and used by the Health Service Executive and An Garda Síochána, and whether senior garda officers knowingly deployed the false claims to discredit Sergeant McCabe. Counsel for the garda commissioner characterised the errors as administrative mistakes rather than deliberate action, noting that garda officers took reasonable steps to correct them once identified. Representatives for Tusla and the HSE acknowledged responsibility for errors in their handling of the allegations and offered apologies to those affected, including Sergeant McCabe and his family. The tribunal heard that the original 2006 complaint against Sergeant McCabe had been thoroughly investigated, with the Director of Public Prosecutions deciding it did not constitute an offence.