In a High Court hearing on 12 February 2018, Justice Caroline Costello placed a stay on a committal order that would have jailed property owner Liam Mulvaney. The original order followed Mulvaney's refusal to comply with an injunction issued in December by receiver Tom O'Brien, who alleged that Mulvaney had interfered with the receivership of 17 properties he owned. The injunction had prohibited Mulvaney from trespassing or otherwise interfering with the properties. Mulvaney, who disputes the validity of the receiver's appointment, had been found in contempt of the injunction. Justice Costello agreed to suspend the committal order provided Mulvaney would abide by the injunction, except that investigations would continue into his claim that a house at Avondale Lodge, one of the receivership properties, is his family home. While that investigation proceeds, Mulvaney and his family may remain at Avondale Lodge.
Amnesty International and Amnesty International Irish Section CLG have brought a High Court challenge against the Standards in Public Office Commission (SIPO). The applicants seek to quash a SIPO order directing them to return a €137,000 donation made in August 2015 by the Open Society Foundations. SIPO found the donation prohibited under Section 23 A2 of the 1997 Electoral Act, deeming it for political purposes related to a campaign to repeal the Eighth Amendment. Amnesty denies the funds were used for political purposes, arguing SIPO's decision is flawed, irrational, and in excess of jurisdiction. Counsel stated the donation funded a 2016 campaign to increase public support for repeal, noting no referendum was planned at the time. Amnesty alleges SIPO breached constitutional and EU law and acted in error. The applicants fear criminal prosecution and financial hardship if the order stands. Permission to bring the challenge was granted ex-parte by Mr Justice Seamus Noonan. The matter was adjourned to a date in April.
During a pre‑trial session at Dublin Circuit Criminal Court, a judge and lawyers paid moving tributes to Garda Superintendent Colm Fox, who died tragically at Ballymun Garda Station on Saturday night. Prosecutor Paul O'Higgins SC recalled knowing Fox from his early days as a garda, describing him as a most decent man both professionally and in his dealings with people. Defender Brendan Grehan SC called him a "top cop", a pleasure to work with who always drew the best from his team. Judge Karen O'Connor noted the sadness of the death and expressed her thoughts with Fox's family.
James O'Reilly, aged 21, pleaded guilty in the Dublin Circuit Criminal Court to robbery of a tourist's wallet on 14 June 2015. The victim, Robert Robson, a UK national, was approached by a group of 16‑ to 18‑year‑old males near his hotel. CCTV showed five men and a woman surrounding him, taking his wallet and bank cards, and punching him to the ground. O'Reilly, identified on the footage, was the first to interact with Robson but did not punch him. The robbery involved €350 in cash and cards that were later cancelled. O'Reilly had 25 prior convictions. He entered a guilty plea after a legal dispute over the admissibility of Garda CCTV. Judge Patricia Ryan described the offence as "sneaky, horrible" and imposed a one‑year probation bond, keeping him under supervision until 8 February 2019. The court noted the victim's impact statement and O'Reilly's expression of remorse, including a letter to Robson.
The High Court heard that liquidator Myles Kirby contacted over 700 charities to investigate an estimated €3.8 million in missing donations routed through the Dublin-based platform Pembroke Dynamic. Counsel Rossa Fanning SC reported that Kirby secured freezing orders against managing director Peter Conlon after discovering charities, including the Red Cross, UNHCR, and Save the Children UK, had not received funds. Pembroke Dynamic was wound up last month due to an unpaid Revenue debt of approximately €400,000. Kirby alleged Conlon, a shareholder in vehicles owning the company, was guilty of serious misconduct and feared asset dissipation. Conlon has been detained by prosecutors in Zurich Switzerland since before Christmas following a criminal investigation into claims by the International Federation of the Red Cross that it did not receive millions donated via the linked Ammado platform. The presumption of innocence applies. Attempts to notify Conlon of the Irish proceedings via text, email, and his Ballsbridge address were unsuccessful, though counsel believes he is aware of the action. The judge directed the liquidator to investigate whether Swiss lawyers representing Conlon would accept service of the proceedings. The matter remains at the hearing stage with no final determination reported.
The Disclosures Tribunal's chairman, Mr Justice Peter Charleton, announced that he would examine whether former Garda Commissioner Nóirín O'Sullivan had improperly relied on unjustified grounds to discredit whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. The tribunal's third module, which concluded hearings from witnesses, focused on whether false allegations of sexual abuse or other unjustified grounds were used by O'Sullivan. Mr Justice Charleton outlined eleven questions for his report, including whether the commissioner's legal position letter in May 2018 was a mistake, whether a barrister's comment at the commission was made in the heat of the moment, and whether there was evidence of a "dark truth" or a "dark truth" that senior officers were targeting McCabe. He also considered whether the Minister and Department of Justice acted lawfully in leaving legal strategy to the commissioner, and whether the module was based on leaks and conjecture.
A civilian witness, Cyril Dunne, testified before the Charleton tribunal that former Garda Commissioner Nóirín O'Sullivan was more concerned with changing the organisation's culture than with operational policing. Dunne, who had a deputy‑commissioner‑level role, said he had a closer working relationship with O'Sullivan than with her predecessor, Martin Callinan, and that their focus was on culture. He recounted a 2015 meeting where O'Sullivan and senior officers discussed Sergeant Maurice McCabe's experience of a "toxic work environment" at Mullingar Garda Station, noting that McCabe's situation was unsustainable and that simply moving him to another post would not resolve the issue. Dunne denied that he had told a colleague that they were "going after" McCabe, and Chief Superintendent McLoughlin said he had no memory of such a conversation in 2015. The tribunal continues to examine whether unjustified grounds were used to discredit McCabe.
A retired garda civil servant, Cyril Dunne, has denied telling a former colleague that the garda legal team was 'going after' garda whistleblower Sgt Maurice McCabe. The testimony came during the Charleton Tribunal, which is examining whether unjustified grounds were inappropriately relied upon by former garda commissioner Nóirín O'Sullivan to discredit Sgt McCabe at the O'Higgins Commission of Investigation. The commission, which sat in private in 2015, investigated complaints made by Sgt McCabe about certain policing matters in Cavan and serious allegations against senior officers, including then Garda Commissioner Martin Callinan. During his testimony, Mr Dunne stated that he never made the remark attributed to him by John Barrett, a garda human resources executive. Mr Dunne, who held a post equivalent to that of a deputy garda commissioner, said that Commissioner O'Sullivan was 'generally very concerned with a duty of care to everyone, including Sgt McCabe'. He also stated that he was not involved in operational policing issues or in preparations for the O'Higgins Commission. Mr Dunne said he did not recall a meeting with the commissioner and Mr Barrett on either 12 May or 13 May 2015, the days before the commission's first day of hearings. Mr Dunne continues his evidence tomorrow. Earlier, Marion Mannion, a special advisor to Justice Minister Frances Fitzgerald, told the tribunal the minister was 'very firm' that the issues raised by Sgt McCabe needed to be resolved, and hoped the O'Higgins Commission would achieve this.
The High Court adjourned a receivership application for 31 Dublin apartments owned by Sean Mackin. Receivers Luke Charleton and Andrew Collier, appointed by Promontoria (Aran) Ltd, allege interference by Mackin, who has leased all units for €3,000 per month—about 15% of the estimated €20,000 monthly value. The receivers seek injunctions restraining Mackin, who resides in Cullyhanna, Newry, and orders for him to hand over possession. They also target tenants Mr Thierry Mangione and Ms Eulalia St Maria, the latter's whereabouts unknown. Mackin entered a letting agreement in 2016 without PAL or Ulster Bank consent, and the lease expired last month. The court adjourned the case for two weeks to allow the tenants' renewal application to be presented on affidavit and to obtain contact details for the defendants.
Jack Kelleher, a 23‑year‑old university student, has brought proceedings in the High Court after being evicted from his family home in Bridgewater, Carrigrohane, Co Cork by the Cork County Sheriff on the basis of a 2016 Circuit Court order obtained by KBC Bank against his parents. The order, which did not name Kelleher, was used to repossess the house, and he was told to leave within 28 days or his possessions would be destroyed. Kelleher claims the order cannot be used to evict him, as he was not a party to the original action and his constitutional right to a home was not considered. He seeks a temporary injunction, declarations that only named individuals may be affected, and damages for breaches of Articles 40.5 and 8. Judge Carmel Stewart declined the injunction but ordered short notice to be served on KBC and the Sheriff. The case will return next week.
The estranged wife of a man who was declared bankrupt after his construction business collapsed has applied to the High Court for an investigation into his financial affairs. She seeks a court order directing the official assignee, Chris Lehane, to probe alleged failures by her husband to answer questions about his finances before he filed for bankruptcy in 2016. The wife, represented by Bernard Dunleavy SC, claims she is a creditor and is owed money, including an €18,000 loan she advanced in 2012. She alleges that her husband did not explain inconsistencies in financial information provided to Revenue and the assignee, and that there were six‑figure loans to other firms connected to him that were not clarified. She argues that an investigation could lead to an extension of the bankruptcy. The husband, represented by Mark Sanfey SC, denies the allegations, stating he fully cooperated with the bankruptcy process and that the loan came from joint funds.
Garda Paul Leavy, who was off duty when burglars broke into his father‑in‑law's house in Tallaght on 8 December 2012, sustained serious injuries including stab wounds to his eye, shoulder, hand and chest. He applied for compensation under the Garda Compensation Acts, but the Minister for Justice refused the claim, ruling the injuries were not malicious or reckless. Leavy's lawyers argue the refusal is unreasonable, factually unsustainable and breaches fair procedures. The High Court has been asked to quash the Minister's decision and declare that the Minister and Oireachtas cannot constitutionally deny him access to the courts. Mr Justice Seamus Noonan granted permission ex‑parte, setting a return date for April. The case remains a judicial review challenge to the Minister's refusal.
In February 2015, John Barrett, the Garda's civilian head of human resources, testified that Sergeant Maurice McCabe had described a hostile working environment in Mullingar, where he had served since 2008. Barrett said McCabe had felt that the actions of former Commissioner Martin Callinan, who in January 2014 described McCabe's whistleblowing as "disgusting", had created an "open season" against him. McCabe reported feeling nervous driving to work and sleeping only about four hours a day. Barrett noted that McCabe had worked in Mullingar from 2008 to January 2014 without such difficulties, and that the situation changed after Callinan's remarks. Barrett also described a meeting with McCabe in which he tried to reassure him that the new Commissioner, Nóirín O'Sullivan, was committed to organisational change, but McCabe felt the commissioner had "thrown him back to the wolves.".
The Charleton Tribunal continued its hearing, examining whether former Garda Commissioner Nóirín O'Sullivan relied on unjustified grounds to discredit Sergeant Maurice McCabe at the O'Higgins Commission. John Barrett, the executive director of Human Resources, testified that he attended a meeting with senior civil servant Cyril Dunne and Ms O'Sullivan, allegedly on May 13, 2015. Barrett stated that Dunne subsequently told him, "we are going after him [McCabe] in the commission." However, diary records indicate Ms O'Sullivan was in London on that date, a fact highlighted by her counsel, Conor Dignam SC. Barrett acknowledged the conflict, noting he arrived at the date through a "process of exclusion" and regretted not making a note at the time. Dunne denies making the comment. The tribunal is currently assessing the validity of the grounds used against McCabe, who had made complaints about policing matters and serious allegations against senior officers, including former Commissioner Martin Callinan. Barrett expressed surprise at the alleged remark, as his office was working to build engagement with McCabe. The matter remains under active examination, and the tribunal continues.
In February 2018 the dispute between Feniton Property Finance DAC and the Clonskeagh Partnership, comprising broadcaster Gay Byrne, his wife Kathleen and their daughters Susan and Crona, was resolved. Feniton had advanced a €1m loan to the partnership in 2007, later purchasing it in 2015, and claimed the partnership failed to repay it, seeking €1.2m in 2017. The partnership had used the loan to invest in the Quinlan Private CERDII Fund. The case was brought to the Commercial Court and the parties reached a settlement.
In February 2018 the High Court continued an injunction against Mr Paul Howard and Ms Una McClean, owners of several Dublin properties, after reports that tenants were forcibly removed from an apartment in Mountjoy Square. The injunction, obtained by Mr Ken Fennell, prohibits the defendants, their agents and anyone aware of the order from trespassing, damaging, or collecting rent from the tenants. It also requires them to hand over possession of all the properties to the receiver, Promontoria (Oyster) DAC, and to refrain from interfering with the receivership. Mr Fennell, represented by Stephen Byrne Bl, cited concerns for tenant safety and alleged attempts by the defendants to thwart the receivership. Ms Justice Caroline Costello agreed to continue the orders and adjourned the matter to 13 February. The defendants have agreed to abide by the injunction and to hand over any rent collected after the order.
A receiver appointed by a financial fund secured a High Court interim injunction against Mr Paul Howard and Ms Una McClean, owners of several Dublin properties, after media reports that tenants had been forcibly removed from an apartment in Mountjoy Square. The injunction, granted ex‑parte by Justice Caroline Costello, prohibits the defendants, their agents and anyone aware of the order from trespassing, damaging, collecting rent from, or taking possession of the properties. It requires them to hand over possession to the receiver. The receiver, Ken Fennell of Deloitte, was appointed by Promontoria (Oyster) DAC following unsuccessful debt negotiations over €1.4 million owed jointly by Howard and McClean and an additional €400 000 owed by Howard. The injunction was sought to prevent further interference with the receivership and to protect tenants' safety. The court will consider the matter again later this week.
The High Court heard that €3.8 million donated to charities such as the Red Cross and Save the Children via Pembroke Dynamic Internet Services Ltd had been dissipated and that the company's managing director, Peter Conlon, had gone missing. Conlon, a shareholder in several vehicles that owned the firm, had not been in contact with the company since mid‑December and was believed to be detained by Swiss authorities. Liquidator Myles Kirby, appointed after the company's winding up, discovered that the donated funds had not been held in trust and were used for the company's operations and Conlon's personal expenses, including payments to a romantic partner, his daughter in the UK and a solicitor's firm. Justice Caroline Costello granted temporary freezing orders on Conlon's assets below €3.8 million, including bank accounts, and adjourned the matter to the following week.
The Charleton tribunal heard evidence from William Lavelle, a special advisor to former Justice Minister Frances Fitzgerald, regarding an email received on 15 May 2015 concerning the O'Higgins Commission of Investigation. Lavelle stated he felt "uncomfortable" and "surprised" to receive the communication, which referenced a "serious criminal complaint" against garda whistleblower Sgt Maurice McCabe. He noted that the email was marked "for information only" and required no action, asserting that commissions are statutorily independent of the minister. Lavelle explained that issues relating to Sgt McCabe were typically handled by officials or his colleague, Marion Mannion, and that he did not proactively follow up as the minister did not raise the matter. Denis Griffin, a higher executive officer, testified that he forwarded the email to acting secretary general Noel Waters, stating that anything regarding Sgt McCabe would be brought to his attention. The tribunal is examining whether unjustified grounds were inappropriately relied upon by former Garda Commissioner Nóirín O'Sullivan to discredit Sgt McCabe. The O'Higgins Commission, which sat in private in 2015, investigated complaints by Sgt McCabe regarding policing matters and serious allegations against senior officers, including then Garda Commissioner Martin Callinan. In 2006, the DPP directed no prosecution against Sgt McCabe, citing no evidence of wrongdoing. Frances Fitzgerald is scheduled to give evidence next, with Sgt McCabe due to appear on Friday. The tribunal expects to complete the current module by the end of next week before hearing closing submissions.
During the Charleton tribunal, former justice minister Frances Fitzgerald was shown an email and a hard‑copy printout that outlined a challenge by legal representatives of Garda Commissioner Noirin O'Sullivan to the credibility of whistleblower Sergeant Maurice McCabe. The email, forwarded by her former private secretary Christopher Quattrociocchi in May 2015, detailed a legal dispute that arose when counsel for O'Sullivan raised the issue of an investigation into historic complaints against McCabe. Quattrociocchi explained that he forwarded the email to Fitzgerald and printed a copy, which she likely received on Monday 18 May. He noted that Fitzgerald had returned the copy to him on 25 May, indicating she had seen it. The tribunal examined whether O'Sullivan's legal team had relied on unjustified grounds to discredit McCabe during the O'Higgins Commission.
An independent review considered adding a 2006 sexual‑assault complaint by Miss D against whistleblower Sergeant Maurice McCabe to the O'Higgins Commission's terms of reference but, after examining Garda investigation files, decided not to. The complaint had led the Director of Public Prosecutions to direct no prosecution because no evidence of a crime existed. The review, part of an Independent Review Mechanism set up after the 2014 Guerin Report, involved senior and junior counsel who examined the case documents. They concluded that including the Miss D allegation would have been problematic, potentially putting McCabe in a quasi‑defendant position and undermining the integrity of the investigation. Consequently, the terms of reference remained largely as recommended by Sean Guerin, with only minor technical differences, and the Miss D case was excluded from the Commission's remit.
Sean Quinn Jnr and his wife, Karen Woods, appeared before the High Court to seek the restoration of living expenses, which they claim were halted as part of a litigation strategy. The couple, represented by Ross Aylward BL, stated in a sworn statement that they had not received their approximately €9,500 monthly allowance in December or January, causing them hardship. They alleged that the joint receivers, Declan Taite and Sharon Barrett, were acting against their interests in tandem with the bank. These claims are denied by the opposing parties. The application arises from proceedings by the Irish Banking Resolution Corporation (IBRC), formerly Anglo Irish Bank, which secured account freezing orders and appointed receivers over the Quinn family's assets. IBRC alleges the Quinns misappropriated assets from the Quinn's international property group to frustrate the recovery of loans up to €2.8 billion, allegations the Quinns deny. Barry O'Donnell SC, representing IBRC, and Andrew Fitzpatrick SC, representing the receivers, requested time to respond to the couple's claims. Justice Brian McGovern heard the motion on Monday and adjourned the application to later this week. The matter was adjourned and has not been concluded or finalised.
Mr Justice Brian McGovern admitted a claim by former minister Ivan Yates and his wife, Deirdre Yates, to the Commercial Court list. The couple alleges that the sale of lands at Blackstoops, Enniscorthy, Co Wexford, to AIB by bankruptcy trustees Mark Wilson and George Maloney is void. They contend the property includes their family home and that Deirdre Yates holds a beneficial interest, arguing the trustees breached EU insolvency regulations by failing to seek Irish court permission before disposal. AIB, which acquired the lands in 2015, opposes the claim, stating its ability to recover debts would be adversely affected. While AIB and the trustees supported admission to the fast-track list, counsel for the couple, Jerry Healy SC, opposed it, citing insufficient valuation evidence and resource constraints. The judge determined the threshold for admission was met. He suggested the parties consider mediation to resolve the dispute and adjourned the case for one month to allow for potential mediation. The matter was adjourned and not concluded.
Promontoria Arrow Ltd has applied for summary judgement of €13.5 million against Galway property owner Martin Tolan, following an alleged failure to repay loans originally provided by Anglo Irish Bank in 2007. The loans were later acquired by National Asset Loan Management Ltd and then by Promontoria in 2015, which called in the debt. Promontoria claims Tolan has no defence and that settlement talks failed. The application was admitted to the fast‑track Commercial Court list by Justice Brian McGovern, with no objections, and the case was adjourned for two weeks.
At the Charleton tribunal, former deputy secretary Ken O'Leary testified that it would not have been in the public interest for former Garda Commissioner Nórín O'Sullivan to resign following the 2016 O'Higgins report. The tribunal is examining whether unjustified grounds were inappropriately relied upon by the former commissioner to discredit whistleblower Sergeant Maurice McCabe. O'Leary, an assistant general secretary at the Department of Justice, stated that the O'Higgins report did not call the commissioner's position into question, noting that the commission investigated complaints regarding policing matters and serious allegations against senior officers, including then Commissioner Martin Callinan. O'Leary argued that O'Sullivan was being publicly traduced in circumstances where she could not defend herself due to the private nature of the commission. He clarified that a May 2016 document he prepared was a 'stream of consciousness' rather than a draft letter, though the commissioner signed off on a final version. O'Leary acknowledged that the Department of Justice and the commissioner acted 'hand in glove' but maintained that the department took a public interest view that questioning the commissioner lacked proper basis. He also discussed a May 2015 telephone call from O'Sullivan regarding objections to questioning at the commission, stating he did not make a note of the conversation at the time. The matter remains at the hearing stage.
The Charleton tribunal heard that former Garda Commissioner Nóirín O'Sullivan did not give instructions to her legal team regarding whistleblower Sergeant Maurice McCabe's dealings with senior officers, because she lacked direct factual knowledge of the matters. The tribunal is examining whether O'Sullivan relied on unjustified grounds to discredit McCabe at the O'Higgins Commission of Investigation, which sat privately in 2015. McCabe had complained about policing matters and serious allegations against senior officers, including then Commissioner Martin Callinan. Michael McNamee BL and two other barristers represented O'Sullivan and senior officers before the Commission. McNamee said he had not read the Byrne‑McGinn report until June 2015 and that he had received a copy of the report and other documents, but never opened or read it. He also said that individual officers could identify themselves from code names used in a later report by barrister Sean Guerin SC, and that they could face allegations at the O'Higgins Commission.
A senior barrister who cross-examined garda whistleblower Sergeant Maurice McCabe at the 2015 O'Higgins Commission of Investigation has told the Charleton tribunal that his conscience remains clear. Colm Smyth SC represented former Garda Commissioner Noirin O'Sullivan and senior officers during proceedings into complaints about garda conduct in the Cavan Monaghan division. Under examination by Michael McDowell SC on behalf of Sgt McCabe, Mr Smyth stated he had fulfilled his duty to defend his clients' interests and would act identically if required again. He characterised his questioning of the sergeant as probing rather than assault, and said he had put the case instructed by the former commissioner to test the veracity of allegations. Mr Smyth acknowledged not having reviewed certain documentation before a May 2015 letter was drafted, resulting in an inaccurate account of an August 2008 meeting. He denied causing upset through his questioning and said he observed no ill-will towards Sgt McCabe among his instructing clients.
Four students renting a property at Lifford Park, South Circular Road, Limerick have been granted the right to return to their home following a High Court ruling. Ms Justice Marie Baker extended an injunction requiring the property owner to hand over possession to a bank-appointed receiver. The students had been required to leave by the property owner and spent two nights in hotel accommodation at the receiver's expense before the court intervened. The ruling emerged from a dispute between the property owner and Karl O'Neill, a KPMG receiver appointed by AIB in 2016. The property owner contested the validity of the receiver's appointment and the circumstances surrounding the students' removal. The judge found the receiver's appointment valid, subject to determination at a full hearing of the underlying dispute. Rent payments will be held in trust pending the final outcome of the case. The matter was adjourned for one month.
In a hearing before the Charleton tribunal, former Garda Commissioner Noirin O'Sullivan denied accusations of hypocrisy regarding her conduct toward whistleblower Sergeant Maurice McCabe during the O'Higgins Commission of Investigation. O'Sullivan testified that she had invested significant time and effort in supporting McCabe in Mullingar throughout 2014, and that she had not instructed her legal team to challenge his integrity. She explained that as commissioner she had to balance the allegations made by McCabe with the rights of those accused to respond, and that she had not been present at the O'Higgins Commission hearings. O'Sullivan acknowledged factual inaccuracies in a letter prepared by her legal team but said the issue was clarified by Justice O'Higgins. She also disputed claims that former commissioner Martin Callinan retired because of McCabe, calling such allegations a "dark lie." The tribunal was set to resume the following day.
A bank-appointed receiver has obtained a temporary High Court order preventing eviction proceedings against four college students renting a property at Lifford Park, South Circular Road, Limerick. The dispute centres on the validity of Karl O'Neill of KPMG's appointment as receiver, contested by property owner Sinéad O'Connor. The court heard that Ms O'Connor demanded the students pay rent directly to her and sign documentation excluding dealings with the receiver, threatening immediate eviction and lock changes when they declined. She subsequently remained in the house with others, causing distress to the students and their families. Justice Caroline Costello granted an interim injunction on Tuesday evening requiring Ms O'Connor to surrender possession to the receiver, applying also to any third parties with notice of the order. The judge acknowledged the urgency and students' need for immediate protection, adjourning the matter to Thursday.
In a 23 January 2018 High Court decision, Justice Carmel Stewart ruled that €875,000 held in Irish bank accounts belonging to Mr Adam Shina Muhammed, a man in his early forties, were proceeds of crime. The accounts, controlled by Mr Muhammed and located at several Irish financial institutions, had been frozen after a Criminal Assets Bureau (CAB) application. Mr Muhammed had not formally opposed the application and had previously denied involvement in money laundering, claiming the funds were business loans for his company Eirclean. No evidence supported this claim; CAB presented evidence of large sums deposited between May 2014 and November 2015 from Hong Kong, China, the USA and Nigeria, totaling about €1.5 million, with €875,000 remaining after some dissipation. CAB found no records of Eirclean's trading activity, premises, employees or tax returns. Justice Stewart therefore ordered the accounts under Section 3 of the 1996 Proceeds of Crime Act and appointed a receiver over the monies.
Maria Redmond, aged 60, was found guilty of stealing nearly €140,000 in fraudulent social welfare payments. She had claimed an invalidity pension for 13 years while working as a cleaner at Our Lady's Hospital for Sick Children. Redmond used two PPS numbers under different names, including her maiden name Delaney, and registered the second number at her sister's address. She failed to inform the Department of Social Protection of her change in circumstances when she began working in 2002. Suspicious officials investigated, obtained her passport photograph, and arranged for her to have her Public Services Card photographed, confirming she was the same person. Redmond pleaded guilty to 14 counts of stealing property between November 2002 and September 2015. She admitted she only worked three hours a day and believed she was not doing anything wrong, but acknowledged the wrongdoing.
Abdirahim Daley, a married father of six, has taken his case to the High Court after Westmeath County Council denied him social housing support. The council ruled that Daley's household net income of €30,200 exceeded the €28,750 threshold set for two adults and six children, and therefore he was not eligible for the allowance. Daley and his wife are unemployed and receive job seekers and rent supplement allowances, and he also receives a carer's allowance for one child. The council included this carer's allowance in the income calculation, a practice the court said was contrary to the 2011 Social Housing Support Household Means Policy, which excludes such allowances. Daley seeks to have the council's decision quashed and his application sent back for reconsideration. The case was adjourned to March after Mr Justice Seamus Noonan granted permission ex‑parte.
At a hearing_or_decision in Dublin Circuit Criminal Court, Jonathan Goulding (28) and Goulding AKA Farrell pleaded guilty to burglary at Mr Price, Coolock Retail Park, on March 27, 2017. Both defendants admitted the charges and entered pleas of guilty. The matter was adjourned, and no sentence was imposed. Judge Melanie Greally adjourned sentencing until October 8, 2018 and requested a report from Tiglin for that date. The court heard that Goulding, who was a chronic drug user at the time of the offence, is now drug free and progressing well in a residential treatment programme at Tiglin. The incident involved Goulding picking up a screwdriver in the shop and asking a staff member if he thought he would stab him. No one was physically injured during the incident. The court was informed that this was the first time Goulding had made an effort to address his issues, and his defence asked the court to allow him to complete the treatment programme prior to sentencing. The court heard that the burglary was committed to feed his drug habit at the time. Garda Kevin Hynes confirmed the details of the incident, and the defence agreed that the incident, while frightening, did not result in any physical harm. The matter was adjourned and not finalised.
Former Garda Commissioner Nóirín O'Sullivan told the Charleton tribunal today that she faced an "almost impossible dilemma" in supporting whistleblower Sergeant Maurice McCabe while simultaneously having his evidence tested at the O'Higgins Commission of Investigation in 2015. The tribunal is examining whether unjustified grounds were inappropriately used to discredit Sergeant McCabe during proceedings into his complaints of garda malpractice in the Cavan-Monaghan Division. Ms O'Sullivan said she never believed Sergeant McCabe acted in bad faith and was "absolutely committed" to supporting him on workplace issues. She described having recognised that his evidence required testing as a witness before the Commission, and acknowledged this may have altered his perception of her intentions. Ms O'Sullivan said she reconfirmed instructions to her legal team on 15 May 2015 after a legal dispute arose, stressing she had not instructed counsel to challenge Sergeant McCabe's integrity. Her evidence continues tomorrow.
During the Charleton tribunal, Chief Superintendent Fergus Healy, who had acted as a liaison between former Garda Commissioner Noirin O'Sullivan and the O'Higgins Commission, testified that he trusted senior officers to provide accurate information about whistleblower Sergeant Maurice McCabe. He explained that he had organised consultations between the commissioner's legal team and other senior Garda officers before the Commission's hearings began in May 2015. He stated that the letter drafted by the commissioner's legal team after the second day of evidence on 15 May 2015 was factually correct, as he believed all content was accurate. The tribunal chair, Justice Peter Charleton, criticised one paragraph of the letter that claimed an inspector was investigating complaints against a chief superintendent, calling it "farcical" and noting that such complaints are normally investigated by a higher‑ranked officer. Healy will return to give further evidence on Monday, after which Commissioner O'Sullivan is scheduled to give her testimony. The tribunal will continue on Monday.
In a High Court hearing on 19 January 2018, accountant Alan Hynes challenged the dismissal of his appeal by an Appeals Tribunal of the Chartered Accountants (Carb). The Tribunal had dismissed Hynes's appeal on 8 March 2016 after rejecting his request for a one‑month adjournment to secure new legal representation. Hynes argued that the dismissal breached fair procedure and was irrational, claiming the decision severely damaged his reputation and prevented him from presenting himself as a chartered accountant. He sought to have the Tribunal's decision quashed. The Tribunal, represented by Eileen Barrington SC, maintained that it was entitled to dismiss the appeal after refusing the adjournment. Mr Justice Charles Meenan reserved his decision following the parties' submissions. The case remains pending.
During the Charleton Tribunal, a Garda witness testified that former Commissioner Noirin O'Sullivan did not contribute to a draft document that outlined legal instructions to challenge whistleblower Sergeant Maurice McCabe's motivation. The draft, produced in May 2015, incorrectly alleged that McCabe had told Superintendent Noel Cunningham in August 2008 that his complaints were aimed at forcing a senior officer to release the Director of Public Prosecutions' (DPP) directions in a sexual‑assault case. McCabe later revealed an audio recording of the meeting, proving the alleged admission never occurred. The recording and a subsequent report prepared by Superintendent Cunningham, sent to Chief Superintendent Colm Rooney, confirmed McCabe's account. The tribunal examined whether false allegations of sexual abuse or other unjustified grounds were inappropriately relied upon by Commissioner O'Sullivan to discredit McCabe at the O'Higgins Commission of Investigation. The witness clarified that the Commissioner's legal team was involved in drafting the document, but the Commissioner herself was not.
The Charleton tribunal heard that senior Gardaí were under "enormous stress" after allegations made by whistle‑blower Sergeant Maurice McCabe. Solicitor Annmarie Ryan, representing the Garda Commissioner's legal team, said the allegations of corruption against officers "fell away" because there was no evidence to support them. She noted that the stress affected the officers' families and that some had been under stress since 2008. McCabe had claimed corruption, but the allegations were later withdrawn. Ryan said the O'Higgins inquiry had accepted McCabe's credibility and called him "a man of integrity." The tribunal concluded that the Commissioner had not relied on false allegations of sexual abuse at the inquiry, and will continue to examine whether any other unjustified grounds were used to discredit McCabe.
In a 2018 report, State Solicitor Ann Marie Ryan told the Charleton Tribunal that she had seen "trouble brewing" when barristers representing the Garda Commissioner questioned Sergeant Maurice McCabe's integrity at the O'Higgins inquiry. Ryan, who had written "Political dynamite!!" in a note after senior counsel Colm Smyth raised McCabe's credibility, said she had hoped for a consultation with then‑Commissioner Noirin O'Sullivan about instructions to the barristers, but the meeting did not occur. She claimed the Commissioner's team had been available but were preoccupied with conferences. Ryan also described a meeting on 3 November 2015 where she expected McDowell to cross‑examine the Commissioner about McCabe's integrity, but the barrister later admitted the imputation was his own error. The tribunal noted that Judge O'Higgins had found McCabe not at fault in the cases highlighted. Ryan denied any deliberate attempt to rattle McCabe on 15 May.
Mr Justice Peter Charleton, chairman of the Disclosures Tribunal, cautioned journalists and the public against posting photographs taken on mobile phones during the inquiry. He referred to a mobile‑phone photo of a document displayed on a computer screen that was posted online, which made a derogatory reference to former Garda John Wilson. Charleton stated that he had no reason to believe Wilson was anything other than a person of exemplary character, and noted that the reference had not been mentioned by tribunal counsel or in the transcripts. Wilson is not a subject of the tribunal's terms of reference. Charleton urged that images should not be posted online and that mobile phones should not be used to record them at the tribunal.
The High Court has been asked to consider committing Iarnrod Eireann CEO David Franks and DART District Manager Chris Rafferty to prison for alleged contempt of court. Applicant Paul Leblique, of Finglas East, Dublin, claims the company failed to comply with a direction by Mr Justice Paul Gilligan last April to restore him to his position as a DART driver. Mr Leblique was demoted to a non-driving role in 2016 after refusing to provide a urine sample following a safety incident at Tara Street Station. He argues that despite passing required assessments, he has not been reinstated. Represented by Conor Bowman SC, Mr Leblique brought a motion seeking to attach and commit the two executives to prison. Irish Rail, represented by Stephen Dodd BL, entirely rejected the application as unmeritorious. The matter was before Mr Justice Tony O'Connor, who noted the seriousness of the claims and fixed the hearing of the application for next Friday. This motion follows a previous High Court ruling where Mr Justice Gilligan ordered the disciplinary findings against Mr Leblique be set aside and directed his restoration to his position, also awarding him costs. The company denies the claims of non-compliance.
During a Special Criminal Court hearing on 16 January 2018, the court considered evidence relating to the fatal shooting at the Regency Hotel in Dublin on 5 February 2016. The prosecution alleged that a raid on the hotel involved a man dressed as a woman, a man in a flat cap, and three individuals in tactical‑style Garda uniforms carrying assault rifles. CCTV footage showed two men in fake Garda uniforms shooting David Byrne (34) as he fled. Patrick Hutch (25) was identified by the prosecution as the man dressed as a woman and was charged with murder, though he denied both the shooting and possession of three AK‑47 assault rifles. Garda Finbar Fleming reported that a crowd of about twenty to thirty people outside the hotel was "extremely hostile" and offered no information. Sergeant Noel Nolan also described the crowd as "very agitated" and hostile.
The High Court Commercial Court granted an injunction on Monday, with Mr Justice Brian McGovern finding that specific websites engaged in widespread copyright infringement. The orders, issued under the 2000 Copyright and Related Act, were sought by the Motion Pictures Association, representing studios including Twentieth Century Fox, Universal, Warner Brothers, Paramount, Disney, Columbia, and Sony Pictures. The application was brought against Internet Service Providers, including Sky Ireland, Vodafone Ireland, Virgin Media Ireland, Three Ireland, Imagine Telecommunications, and Magnet Networks, none of whom opposed the request. Counsel for the applicants alleged that up to 1.5 million users in Ireland accessed the sites, which included GoMovies, Rarbg, EZTV, and Watchfree, to view unauthorised content. The judge noted significant public interest grounds for the orders, aiming to protect the livelihoods of copyright holders and legitimate distributors. Consequently, the ISPs are ordered to block or disable subscriber access to these websites. The judge described the measures as dissuasive, effective, and proportional, citing evidence that similar orders have successfully countered infringement in other jurisdictions.
In a tribunal hearing, it was claimed that the O'Higgins Commission had re‑introduced a historic abuse allegation against Garda whistleblower Sergeant Maurice McCabe solely to embarrass him. The DPP had previously ruled out prosecution in the 2007 "Miss D" case, citing lack of evidence. McCabe sought that the DPP's instructions be shared with Miss D's family, but policy prevented this. Senior counsel Michael McDowell argued that the case was excluded from the Commission's terms of reference but was later dragged back in a collateral manner to undermine McCabe's credibility and integrity. Cross‑examination of former Department of Justice secretary general Noel Waters revealed no recollection of an email from assistant secretary general Michael Flahive about the allegation. Waters also denied recalling a 14‑minute call from Garda Commissioner Noirin O'Sullivan during a Commission recess. Ken Ruane, legal advisor to the commissioner, said the issue of McCabe's motivations was never raised.
Armando Agostinho Alves Da Silva, a construction worker, testified in the High Court that he and 20 other Portuguese colleagues endured "terrible conditions" while building a section of the N7 motorway between Limerick and Nenagh in 2007‑2008. The workers, employed by three Portuguese companies under the RAC Eire Partnership, were housed in a prefab building outside Nenagh where 6‑8 men shared a room. The accommodation lacked basic facilities: the water was unfit for drinking, showers were unreliable, and wastewater produced a foul smell. Meals were supplied only on working days; on Sundays the workers had to fend for themselves with no cooking facilities. Da Silva said the new employer offered better pay and shorter hours, prompting him to move into a local house. The case, part of a series of actions against the same companies, seeks damages for alleged breach of contract, unpaid wages, unfair deductions for accommodation and laundry, and fraudulent record‑keeping.
In a High Court hearing on 20 December 2017, Clare County Council sought an injunction against Helen and Bernard McDonagh, members of the Irish Traveller Community, who had moved their caravans onto a site on Ashline, Kilrush Road in Ennis. The council claimed the site, earmarked for 40 new social housing units, was a health and safety hazard for the McDonaghs, citing lack of running water and sanitation. The council argued it had no traveller‑specific accommodation to offer and that the site had previously been used for Traveller accommodation but had been vacant after a suspected arson attack. The McDonaghs' lawyer, Niall Buckley, requested time to prepare a sworn statement and noted the council had not terminated a tenancy agreement with one of the McDonaghs. The council had offered the family a private rented four‑bedroom house in Ennis, which the McDonaghs refused, and said it was prepared to offer one of the new social housing units.
Charles Cleary, 24, pleaded guilty to the murder of Leo Carolan, 25, who was stabbed to death in a Dublin flat on 4 October 2016. Cleary, who has no fixed abode and is from Rathfarnham, appeared briefly at the Central Criminal Court where he was arraigned on the single charge. The prosecution requested that he be remanded in custody until 11 January for sentencing, and the victim's family was scheduled to give a statement on that date.
In a High Court hearing on 19 December 2017, Mr Justice Tony O'Connor appointed Anthony Weldon of Kieran Ryan and Company as provisional liquidator for Digital Motor Limited, the owner of the Car Buyers Guide website. The company, which employed 22 people and generated revenue from website advertising, was declared insolvent and unable to meet its debts. The appointment was requested by Bristol Mallory Ltd, the sole shareholder of Digital Motor Limited, which also owed the company €1.14 million. Other parties with beneficial ownership of the shares were also represented. Counsel noted that the company had been loss‑making and had relied on loans from Bristol Mallory, but could no longer provide financial support. The liquidator was empowered to secure the firm's assets, particularly the website, and to manage their sale, ensuring creditors could not dissipate assets before the process. The matter was adjourned to January.
A dispute over ownership of parts of Dublin's south docks waterfront has been taken to the Commercial Court. Balark Investments, part of the Marlet Group, is developing a €100m commercial and residential project on the site and claims that Chambury Investment Company, linked to Johnny Ronan, is holding a freehold interest in land at Lime Street and Sir John Rogerson's Quay that is worth €20m. Balark says the Circuit Court has valued Chambury's interest at only €60,000 and that it must pay that amount to acquire the land. Chambury appeals the Circuit Court's decision and argues that Balark is not entitled to acquire the fee simple. Balark seeks a declaration that it may demolish the buildings on the disputed lands. The case is before Mr Justice Robert Haughton and is expected to continue into the new year.