In a High Court decision on 3 April 2014, Mr Justice Brian McGovern dismissed the challenge brought by jockey Eddie O'Connell and trainer Jim Lambe against the Turf Club's authority to enforce horse‑racing rules. The men had sought to invalidate any sanctions arising from the Turf Club's investigation into alleged irregular betting on the horse Yachvili in the 2011 Kerry Food European Breeders Funds Beginners Chase. They claimed the Turf Club's jurisdiction was unlawful and that its rules were unconstitutional, arguing that any decision could end their careers and damage their reputations. The court found the Turf Club's regulatory powers were established by the 1994 Irish Horse Racing Industry Act and that the rules promoted integrity and fair play. Consequently, the court upheld the Turf Club's authority and struck out the applicants' claims, noting the investigation's findings were not relevant to the judgment. The ruling highlighted the limits of judicial intervention in sporting matters.
In a High Court hearing on 2 April 2014, Mr Justice Brian McGovern appointed Mr Neil Hughes, an insolvency practitioner, as provisional liquidator of Buzreel Limited, the publisher of five weekly Buy and Sell magazines and the www.buyandsell.ie website. The appointment was made at the request of Midland Web Printing Ltd, which holds a printing contract for the magazine and is owed more than €90,000 by Buzreel. Midland's representative, Ross Gorman, explained that Midland was preparing to invest in Buzreel and had discovered the company had decided to liquidate and had told staff to leave. Midland had not been informed of the financial difficulties beforehand. The court noted that a meeting of Buzreel's creditors would be held later in the month, and that the appointment of a provisional liquidator was in the best interests of the creditors to preserve the magazine's publication and the website, and to potentially save some jobs.
The Garda Representative Association (GRA), representing 11,500 rank‑and‑file Gardaí, has filed a High Court challenge against Minister Brendan Howlin over the 2014 Public Service Management (Sick Leave) Regulations. The new regulations, aimed at saving public service sick leave costs, were enacted on 6 March and are to take effect on 1 April. The GRA argues the Minister introduced them without proper consultation, rendering them irrational and incomprehensible. They seek an order quashing the Minister's decision and declarations that the enactment exceeded his powers and breached fair procedures and legitimate expectations. Mr Justice Michael Peart granted permission to proceed ex‑parte and set a return date for June, allowing the GRA to apply for an injunction to halt the regulations pending the case. The GRA's counsel highlighted that negotiations on sick leave had been ongoing and that the Minister's decision was a "bolt from the blue.".
Private Christopher Maher, a soldier from County Tipperary stationed in Kilkenny, has filed a High Court challenge to stop his discharge from the Permanent Defence Forces after a compulsory random drug test in March 2013 returned a positive result for cocaine. Maher denies ever taking the drug, claiming he was at a party the night before the test and that he may have been exposed to cocaine smoke accidentally. The urine sample showed 150 ng/ml of benzoylecgonine, the cut‑off for a positive test under Defence Forces regulations. In May, his commanding officer recommended discharge, citing voluntary consumption. An appeal in November found Maher had not produced evidence to support his claim of passive exposure, and the officer determined he failed to consider a medical report that questioned the testing process and suggested possible over‑reporting of drug levels.
In a High Court hearing, a married Irish couple, including the children's biological aunt, argued that the Adoption Authority of Ireland had wrongly refused to recognise an overseas adoption of a boy and a girl. The couple claimed the Authority's decision that the children were ineligible under the 2010 Adoption Act was flawed, citing factual errors in the Authority's letter, such as incorrect marital status and country of origin, and alleged that irrelevant factors were considered. They also argued the Authority failed to provide adequate reasons and applied policy too rigidly. The couple seeks orders to quash the Authority's decisions, declare no lawful impediment to adoption, and assert that the decision breached constitutional rights and the European Convention of Human Rights. Permission to proceed was granted ex parte by Mr Justice Michael Peart, with a return date set for early June.
Ben Gilroy, a political activist and founder of Direct Democracy Ireland, appears before the High Court to challenge allegations that he was in contempt of court for interfering with the receivership of a 120‑acre stud farm in Kildare. The receivers, appointed by the Irish Bank Resolution Corporation, claim that Gilroy was a ringleader of protests on 28 and 31 August that forced them off the property. Gilroy, representing himself, denies any role beyond that of an observer, stating he was invited onto the land by Charles Allen of the Rodolphus Allen private trust and that he was not properly served with a notice of contempt. Video evidence presented by the receivers shows Gilroy speaking to a crowd and an audio clip from an internet radio interview in which he claims credit for the protest. Gilroy disputes these claims, arguing the footage shows him merely observing.
Robert Sinnot, a Dublin resident and representative of the Blind Legal Alliance, has brought a High Court challenge against the State regarding the failure to provide visually impaired voters with a mechanism to cast a secret ballot in May's European and Local Elections. The applicant alleges that the State has a legal duty under the Constitution and European Law to ensure secret voting for those with sight difficulties. He claims that in recent elections, he was deprived of this right because he could not read the ballot sheet and had to ask the Presiding Officer to complete his voting paper. Mr. Sinnot argues that the State has failed to implement a system, such as Braille documents or audio recordings, despite such mechanisms existing in other EU member states and being described as not prohibitively expensive. The proceedings are directed against the Minister for the Environment, Community, and Local Government, Ireland, and the Attorney General. The applicant seeks orders compelling the respondents to have a suitable mechanism in place by May 23rd, the date of the elections, as well as declarations that the State has a duty to vindicate his right to vote in secret. Ms Justice Iseult O'Malley granted leave to serve short notice of proceedings on an ex-parte basis. Counsel for the applicant, Patrick Dillon Malone SC, with Michael Lynn, highlighted the urgency of the matter due to the proximity of polling day. The matter is at the hearing or decision stage.
In March 2014 the High Court was set to decide an action brought by solicitors from Tipperary Town against the Courts Service. The lawyers argued that the Courts Service has a statutory duty under the Court Services Act 1998 to maintain and make available the historic courthouse on St Michael Street, a listed building that closed in 2010 after falling into disrepair. The building's ceiling had collapsed and, since its closure, district court sittings have been held at the Excel Heritage Centre and circuit court sittings in Clonmel, some 25 miles away. The solicitors claimed the closure caused hardship and that the Courts Service had failed to repair the courthouse despite earlier agreements to do so. The Courts Service denied any breach of duty, stating it had sought funding but was constrained by budget cuts. Judgment was reserved and was to be delivered the following month. The courthouse, which once housed a prison, has a long history of notable trials.
In a High Court hearing on 25 March 2014, Mr Justice John Edwards refused to grant a stay on the extradition of Ali Charaf Damache, an Algerian‑born Irish citizen aged 48, who is wanted in the United States on international terrorism charges. Damache's lawyers argued that the extradition should be postponed while he appeals two earlier refusals by the Director of Public Prosecution to prosecute him in Ireland. The Supreme Court has been notified of these appeals, and the counsel for Damache said the extradition proceedings should await the Supreme Court's decision. Mr Justice Edwards said he was not persuaded by the arguments presented and that the balance of convenience did not favour a stay. The case was re‑listed for 6 May 2014. If convicted, Damache faces a potential 45‑year sentence in the United States.
In a High Court action, receiver Mr Aiden Murphy, appointed by the Irish Banking Resolution Corporation in 2012, seeks injunctions to secure possession of two properties on South Circular Road, Kilmainham, used as emergency accommodation for Dublin's homeless. Murphy requests orders compelling Mrs Hillary Hooton to deliver vacant possession, prevent trespassing, and hand over keys or alarm codes. Mrs Hooton opposes, arguing the bank lacks entitlement and that she holds a valid tenancy agreement with her husband. The bank, represented by Mr John McCarroll SC, disputes the tenancy's validity, citing a €2 million mortgage owed on 2001 mortgages by Mrs Hooton's husband William and son Derek, later acquired by the bank. Counsel for Mrs Hooton, Ruth Cannon Bl, maintains the properties should remain in her possession until the court resolves the matter. The judge, Mr Justice Michael Peart, has reserved his decision, to be delivered later.
In a High Court ruling on 20 March 2014, Mr Justice Paul Gilligan decided that no order would be made regarding the legal costs of Mr Paddy McKillen's action against David and Frederick Barclay and the special liquidators of the Irish Banking Resolution Corporation (IBRC). The case, which had been scheduled for earlier in the month, became moot after Mr McKillen successfully acquired the IBRC loans, worth hundreds of millions of euros, with the backing of Colony Capital. Mr McKillen and the Barclays had agreed to pay their own costs, while the IBRC argued that it should not be required to fund Mr McKillen's legal expenses because it was caught in the crossfire of the dispute. Mr Justice Gilligan noted that the parties were all involved in the events that led to the case becoming moot, and therefore the ordinary rule of no order on costs applied.
In a Balbriggan District Court hearing on 20 March 2014, Lorraine Sherry of Thomastown in Loughshinny brought a complaint against her neighbour Gail Corr, also of the same address, over the constant barking of Corr's two dogs – a Boxer cross and a Labrador Collie cross. Sherry said the dogs were kept in a small pen beside Corr's house and barked at everything, including through her daughter's bedroom and kitchen, and even when someone knocked on her door. She claimed the dogs barked repeatedly until 5 am on 15 February and 15 March, and that Corr had made no effort to stop them. Sherry had sent a registered letter to Corr, received no reply, and then took the case to court. Corr denied the allegations, saying her dogs were indoor and only let out for walks, and that she had spoken to other neighbours who had no complaints.
In a High Court hearing on 19 March 2014, the Irish Bank Resolution Corporation (IBRC) argued that the taxpayer should not be required to pay the legal costs of Paddy McKillen's action to stop the sale of his loans to the Barclay brothers. McKillen, a property investor, had initiated proceedings against the IBRC special liquidators and the Barclay brothers over control of the Claridge's, Connaught and Berkeley hotels. The case was rendered moot after McKillen secured the loans, worth hundreds of millions of euros, with Colony Capital. Michael Cush SC represented McKillen, asserting that the court should not order costs against the IBRC, as no wrongdoing had been alleged. The IBRC's counsel contended that its costs should be borne by McKillen. The matter was scheduled for a decision on Thursday by Mr Justice Paul Gilligan.
SIPTU was ordered to pay the costs incurred by the DAA and Ryanair for their successful injunction applications that prevented a four‑hour stoppage at Dublin Shannon and Cork airports. Judge Paul Gilligan ruled that the airline and the airport authority were entitled to their legal costs, and he placed a stay on the costs orders pending the outcome of the full action between the parties. Lawyers for Ryanair and the DAA had sought their costs because the court had issued orders preventing the strike, while SIPTU opposed the costs order, arguing it would be "draconian" and that the issue should be left until the case was decided. The judge noted that Ryanair had raised issues not brought by the DAA, so it was also entitled to its costs. The judge urged all sides to resolve the pension dispute.
Prisoner Noel Reddington has launched a High Court action against the Prison Authorities, the Governor of Mountjoy Prison, the Irish Prison Service, and the State, alleging he has been denied urgent medical treatment for a painful facial growth. Reddington claims that since his transfer from Cloverhill to Mountjoy Prison last November, his requests for care have gone unanswered, despite previously being advised at a Dublin hospital that he required a CAT scan and potential removal of metal plates from his head. His counsel, Keith Spencer Bl, stated that the alleged failure to provide treatment amounts to degrading treatment and breaches Constitutional and European Convention on Human Rights. Counsel further alleged that Reddington's pain became so severe that he attempted to cut the growth off his face with a blade. The applicant is not seeking to bypass hospital waiting lists but is seeking the same access to health services as any public patient. The High Court has directed that Reddington's application for permission to bring proceedings be brought on notice to the respondents. The matter was briefly mentioned before Mr Justice Michael Peart, who adjourned the case to a date later this month.
In March 2014, Garda Sergeant Hazel Delahunt, based at Roscrea Garda Barracks, had initiated a High Court action to obtain details of allegations that had led to an internal investigation against her. She sought an injunction compelling the Garda Commissioner to disclose the complaints that prompted the inquiry. The court had granted her permission to serve short notice of proceedings, and the case was scheduled for hearing before Mr Justice Michael Peart. However, Sergeant Delahunt's counsel, Jim O'Callaghan SC, informed the court that the matter had been settled and could now be struck out. No particulars of the settlement were disclosed. The action had arisen after Sergeant Delahunt was contacted in January by a Garda Inspector regarding a complaint she had made about a stolen USB clip, after which she was informed she was under investigation.
In March 2014 the High Court, by Mr Justice Paul Gilligan, granted an injunction that prevented a four‑hour strike by Siptu members at Dublin, Cork and Shannon airports. The injunction was sought by the Dublin Airport Authority (DAA) and Ryanair, who argued the planned stoppage would be illegal and would cause major disruption to passengers and airlines. Siptu claimed the strike was a bona fide trade dispute over pension rights under the Irish Airlines Superannuation Scheme. The judge found the DAA's concerns about the legality of the Siptu ballot and the potential impact on airport operations compelling, and he was satisfied that damages would not be an adequate remedy. The injunction was based solely on the DAA's application; Ryanair's application was not considered. The court left the full hearing of the dispute to a later proceeding.
A man convicted of dangerous driving causing death has been returned to prison following a successful appeal by the Director of Public Prosecutions at the Court of Criminal Appeal. Kevin McArdle, aged 31, of Longfield, Carrickmacross, was originally sentenced to four years with one year suspended by Monaghan Circuit Court in October 2011. The appellate court found the sentence unduly lenient. McArdle was driving with almost three-and-a-half times the legal alcohol limit on December 27th, 2010, when his BMW collided head-on with a vehicle driven by Stephen Connolly on the Carrickmacross to Ardee road. The collision resulted in the deaths of Mr Connolly's wife, their unborn child, and two passengers in McArdle's vehicle. The Court of Criminal Appeal substituted the original sentence with six years imprisonment, with the final two years suspended. McArdle was also disqualified from driving for twelve years and ordered to serve a further one year in custody from the date of judgment.
The Dublin Airport Authority and Ryanair have each filed separate High Court applications to stop a proposed Siptu strike scheduled for Friday 14 March, the day of St Patrick's weekend. The strike would involve a four‑hour stoppage at Dublin, Cork and Shannon airports, potentially grounding about 100 Ryanair flights carrying roughly 13,500 passengers. Ryanair's counsel argued the action was "opportunistic in the extreme", citing the busy weekend, the Ireland‑France rugby match and the Cheltenham horse‑racing festival as reasons the date was chosen to maximise harm. Ryanair seeks injunctions preventing Siptu members from striking at the three airports and declarations that the strike would be unlawful, interfering with the airline's economic rights. The DAA, represented by Mark Connaughton, also requested an early hearing, noting the urgency of informing airlines using Dublin Airport.
Ms Sylvia Deehan, 46, sued Loughlinstown Inn Ltd for damages after claiming she was pushed and injured ribs during an Ann Summers lingerie party held in the pub on 21 January 2011. She alleges a woman tried to grab a prize—a ring thrown by an Ann Summers representative—when she fell against a loudspeaker. Deehan says she was unable to breathe and was hospitalized for two weeks. The pub's counsel argued the claim was "ludicrous" and that Deehan failed to prove negligence. Witness testimony from a DJ and staff was deemed unreliable, and engineering evidence about risk assessment was rejected. The High Court reserved judgment, with no decision announced yet. The case remains pending in the High Court.
In a Balbriggan District Court hearing on 6 March 2014, a 21‑year‑old chef from Skerries, Richard Devine, pleaded guilty to assaulting a man named Shane Christy and causing criminal damage to Christy's car. The incident occurred on 3 May 2013 outside a Chinese takeaway in Rush, Co. Dublin, when Devine, allegedly intoxicated, approached Christy's Nissan Micra, headbutted and punched him, and then kicked the car door, resulting in €800 worth of damage. Christy suffered minor nose injuries. Devine, with no prior convictions, admitted the offence and sent an apology letter. Judge Dermot Dempsey warned that to avoid a conviction, Devine must pay compensation to Christy and complete 200 hours of voluntary work. The case was adjourned to 29 May for further proceedings.
In a High Court case, Sean Dunne, who was declared bankrupt in Ireland and the United States last year, seeks to recover documents and other items seized from a property in Co. Kildare by Official Assignee Mr. Chris Lehane. The seized items include 100 pieces of artwork and golf memorabilia. Dunne's legal team, represented by Bill Shipsey SC, argues that Mr. Lehane should be cross‑examined on the contents of his affidavit to resolve the dispute. Mr. Lehane's counsel, Mark Sanfey SC, contends that such cross‑examination is inappropriate and impermissible. Justice Brian McGovern has asked for time to consider the motion and will rule before the full hearing scheduled for 19 March. The case also involves Mrs. Gayle Dunne, Traviata Ltd, and John Dunne, who seek the return of items belonging to them. Mr. Lehane's lawyers have stated that they are willing to return materials that do not belong to Mr. Dunne's estate.
The High Court heard conflicting evidence on the second day of an action brought by Sylvia Deehan against Loughlinstown Inn Ltd, trading as the Lough Inn Public House. Ms Deehan alleges she injured her ribs after being pushed by another woman while reaching for a prize thrown by an Ann Summers representative during a party at the South Dublin venue in January 2011. The defendant denies the claim, asserting Ms Deehan was ejected for rowdy behaviour and that any injuries occurred outside. Witnesses including bar staff and the Ann Summers representative stated they did not see the fall, and the pub manager noted CCTV footage did not show it, though the recordings were later erased. Conversely, DJ Dave Carraher testified he saw Ms Deehan fall against a speaker. Engineer Barry Tennyson provided technical evidence suggesting the prize-throwing activity was dangerous without a risk assessment. The matter was previously dismissed in the Circuit Court, prompting this appeal. The hearing is ongoing.
Sylvia Deehan, a 46‑year‑old mother of two, sued the Lough Inn Public House after claiming she was pushed by another woman during an Ann Summers lingerie party and fell against a loudspeaker, injuring her ribs. The incident occurred during a ladies' night before a stripper performance. Deehan alleged that a prize—a ring—was thrown in the air by an Ann Summers representative, and that she was shoved aside while reaching for it. She said she could not breathe properly and spent two weeks in bed recovering. The case was dismissed by Judge Jacqueline Linnane in the Dublin Circuit Court; Deehan appealed to the High Court. At the appeal hearing, she denied being asked to leave the pub, denied drinking jägerbombs, and denied any attempt to take a chicken curry meal. The case remains pending.
The High Court case brought by Waterford Mayor John Cummins against Twitter over alleged defamatory tweets has been resolved, allowing the action to be struck out. However, an order under Section 33 of the 2009 Defamation Act preventing the publication of the disputed statements remains in force for at least another week. Cummins had previously secured temporary injunctions requiring Twitter to remove the tweets and to refrain from publishing further defamatory content. The court, hearing the matter before Mr Justice Paul Gilligan, noted that the proceedings against Twitter were settled but considered whether the Section 33 order could stay. Twitter's legal representative said the platform was not at fault, only the individual posters. The judge adjourned the case to the following Friday, maintaining the publication ban while the injunctions were in place.
An Irish citizen, Ali Charaf Damache, 48, faces extradition to the United States on international terrorism charges. He is wanted for conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. US authorities allege that Damache, who used the username "the black flag," conspired with American woman Colleen LaRose (online name "Jihad Jane") and others to create a terror cell in Europe that could target US and Western US citizens. They also claim he participated in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan believed to be a member of Al Qaeda. In March 2011 the Director of Public Prosecution decided not to prosecute Damache in Ireland. He applied for a second judicial review of that decision, arguing that the lack of prosecution impeded his ability to fight extradition. The High Court granted him permission to address the court.
Francis Lanigan, 47, of Pinebrook, Mulhuddart, Dublin, is awaiting an extradition hearing in the High Court on 28 April. He was arrested in January on an extradition warrant linked to the 1998 murder of John Knocker, who was shot in a Dungannon hotel car park. Lanigan was taken at a Dublin gym where he worked as a self‑employed barber. He initially gave a false name to the Garda and later claimed he had been using the name Kieran McCrory for protection for 15 years. He remains in custody until the hearing.
In February 2014, a High Court judge declined to recuse himself from hearing a second judicial review application filed by Ali Charaf Damache, a 48‑year‑old Algerian‑born Irish citizen. Damache is facing extradition to the United States on international terrorism charges, including conspiracy to provide material support for terrorists and attempted identity theft. U.S. authorities allege that he conspired with American woman Colleen LaRose, known online as "Jihad Jane," and others to create a terror cell in Europe that could target U.S. and Western U.S. citizens. They also claim he participated in a conspiracy to transfer a stolen U.S. passport to a Pakistani individual believed to be an Al Qaeda member. Damache's lawyers requested that Justice John Edwards recuse himself from the second review, arguing potential bias due to prior findings in the extradition case.
A 20‑year‑old man named Robert Doyle was arrested after becoming highly intoxicated and aggressive towards security staff at a McDonald's in Swords on Christmas Eve. He had paid for a burger and chips but was evicted because of his drunken state. Doyle pleaded guilty to being intoxicated, using threatening and abusive behaviour and failing to comply with garda direction. The judge agreed that if Doyle pays €400 to St Patrick's School's Calcutta fund, the matter could be struck out, and the case was adjourned until March 31 for payment.
In February 2014 the Court of Criminal Appeal reserved judgement on an appeal by the Director of Public Prosecution concerning a wholly suspended seven‑year sentence given to Keith Jervis (36) and Therese Doyle (35) for possession with intent to supply. The couple had pleaded guilty in October 2011 to storing 45 kilograms of cannabis, valued between €320,000 and €550,000, in 15 silver bags in their home at Rosewood Grove, Lucan. Gardaí discovered the drugs in March 2010. The appeal argued that the original sentence was unduly lenient. The DPP's counsel highlighted the early guilty plea, the couple's instructions to each other, and the fact that they were caught red‑handed while knowingly storing drugs for financial gain. The defence counsel argued that mitigating factors – fear of the drug suppliers, lack of knowledge of the drugs' value, and the couple's non‑criminal background – justified the suspended sentence.
In a High Court hearing on 27 January 2014, Mr Justice John Edwards refused Ali Charaf Damache, 48, an Algerian-born Irish citizen, leave to seek judicial review of the Director of Public Prosecutions' decision not to prosecute him in Ireland. Damache is facing extradition to the United States on international terrorism charges, including conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. The U.S. alleges that Damache conspired with American woman Colleen LaRose, known online as "Jihad Jane," and others to create a terror cell in Europe capable of targeting U.S. and Western European citizens. Damache, who used the username "the black flag," is also alleged to have participated in a conspiracy to transfer a passport stolen from a U.S. citizen to an individual in Pakistan believed to be a member of Al Qaeda.
A High Court judge in Ireland has postponed delivering a judgment on a judicial review application filed by Ali Charaf Damache, an Algerian-born Irish citizen aged 48, who is facing extradition to the United States on international terrorism charges. Damache is accused of conspiring with American woman Colleen LaRose, known online as "Jihad Jane," and others to establish a terror cell in Europe that could target U.S. and Western European citizens. He is also alleged to have participated in a conspiracy to transfer a passport stolen from a U.S. citizen to a person in Pakistan believed to be an Al Qaeda member. Damache seeks judicial review to challenge the Director of Public Prosecutions' decision not to prosecute him in Ireland. The extradition case has been adjourned until after the judicial review judgment is returned.
A High Court judge has announced that he will issue a judgement on the judicial review application of Ali Charaf Damache, an Algerian-born Irish citizen aged 48, next week. Damache is facing extradition to the United States on international terrorism charges, including conspiracy to provide material support for terrorists and attempted identity theft. The US alleges that Damache, who used the username "the black flag," conspired with American woman Colleen LaRose (online name "Jihad Jane") and others to create a terror cell in Europe that could target US and western European citizens. He is also accused of participating in a conspiracy to transfer a passport stolen from a US citizen to an individual in Pakistan believed to be a member of Al Qaeda. Damache seeks judicial review to challenge the Director of Public Prosecutions' decision not to prosecute him in Ireland for these offences. The extradition case has been adjourned until after the judicial review judgement is returned.
Kevin Marry, a 42‑year‑old father of two from Balbriggan, pleaded guilty in Swords District Court to unlawful possession of cannabis herb for sale or supply. He had €1,500 worth of cannabis, which he used to increase appetite while battling leukaemia and kidney failure. Marry, who has been in remission since 2009, said he would not commit further offences and expressed a desire to join the kidney transplant list in March. Judge Dermot Dempsey sentenced him to a six‑month suspended term and bound him to the peace for two years, rejecting community service.
An unemployed hairdresser, Aine Penrose, aged 29, was found guilty of drink driving at Swords District Court on 4 June. She drove her car with her three children—aged seven, nine and one—while under the influence of alcohol. Penrose claimed she was terrified of her ex‑partner, who is the father of one of her children, and had no phone credit to call a taxi. She said she had gone to the beach with her children and the ex‑partner, had a few drinks, and when returning to his house, her son was bullied by his brother, leading to an argument. Garda Jonathan Kirk observed her swerving and failing to signal at a roundabout; her breath test showed 58 mg/100 ml. The judge found her guilty, disqualified her from driving for two years effective February, and fined her €250.
Criostoir MacCarthaigh, a 36-year-old man from An Gleann, Baile Phamar (Palmerstown), has pleaded not guilty to the alleged murder of David Whyte in the county and city of Dublin. The prosecution alleges that MacCarthaigh murdered Whyte on a date unknown between September 24 and 26, 2008. MacCarthaigh denies these charges, and the matter is currently at the hearing or decision stage. No finding of guilt, sentence, or final disposal has been recorded for this defendant. The case is scheduled to proceed to trial at the Central Criminal Court, with proceedings expected to begin on Thursday. The trial is anticipated to last up to 12 days. This report reflects the current procedural status where the defendant has entered a plea of not guilty, and the matter remains contested rather than concluded.
A woman giving evidence at the Central Criminal Court has described witnessing the stabbing of her partner during an incident at an apartment in Cavan in October 2012. Przemyslaw Trebacz, aged 35, of Bramble Rise, Killynebber, Cavan has pleaded not guilty to the murder of Costel Catalin Cretu, aged 38, at Connolly Court, Connolly Street, Cavan between 13 and 14 October 2012. The defendant has pleaded guilty to criminal damage to a door at the same location on 13 October 2012. The witness told prosecuting counsel that two men forced their way into the apartment, with the taller man stabbing her partner with a knife and subsequently taking money from the premises. She stated that the attacker held a knife to her throat whilst demanding money and that her partner was unresponsive after the incident. The court heard that gardaí were unable to trace a second woman who was present at the apartment. Cross-examination of the witness is scheduled to continue.
In a Swords District Court hearing, Judge Dermot Dempsey dismissed the assault charge against 35‑year‑old chip shop owner Giuliano Di Murro. The case involved a 17‑year‑old teenager who alleged Di Murro had assaulted him at Rivervalley Shopping Centre on 17 February. The teenager claimed Di Murro had told him to leave, that he had been head‑butted, and that Di Murro had punched him, breaking his nose. Di Murro denied the assault, stating he was defending himself against an "aggressive youth" who tried to head‑butt him. Evidence from the teenager, Di Murro's defence barrister, and an independent witness, Mr William Field, suggested the teenager had acted aggressively and that Di Murro had pushed him into a door. Judge Dempsey found the prosecution had no case to meet and ruled that Di Murro was acting in self‑defence, dismissing the charge. The decision was made on 27 November 2013. Di Murro pleaded not guilty.
A High Court judge has set aside an entire week to write the judicial review judgement in the case of a man facing extradition on terrorism charges. An Algerian-born Irish citizen sought the judicial review of an attempt to extradite him to the United States, where he is wanted on international terrorism charges. Ali Charaf Damache (48), who has been living in Ireland for a decade, is wanted in the United States to face charges relating to the conspiracy to provide material support for terrorists and attempted identity theft to facilitate an act of international terrorism. The US alleges it has evidence that Damache conspired with an American woman calling herself, 'Jihad Jane', and others to create a terror cell in Europe capable of targeting both US and western European citizens.
A 35-year-old man from Cavan has pleaded not guilty to murder at the Central Criminal Court. Przemyslaw Trebacz, of Bramble Rise, Killynebber, denies the murder of Costel Catalin Cretu at Connolly Court, Connolly Street, Cavan, between October 13 and 14, 2012. Trebacz has admitted criminal damage to a door at the same address on October 13, 2012. His trial is scheduled to commence on Thursday and is expected to run for three weeks.
In Balbriggan District Court, Judge Dermot Dempsey ordered the return of a jeep to Brendan Dempsey after Dempsey sold the vehicle online to a man named 'Wayne' who paid with a fraudulent bank draft. Dempsey had accepted the draft in good faith and later discovered it was fake. A second buyer, Alan Downey, had purchased the jeep from Wayne for €8,750 in cash, believing the sale legitimate. Both Dempsey and Downey requested the jeep's return. The court noted Dempsey had originally bought the jeep in 2006 for €87,000 and had listed it for sale on DoneDeal.ie. Downey had conducted checks and was unaware of the draft's falsity. Judge Dempsey ruled the jeep be returned to Dempsey, emphasizing the unfortunate nature of the situation. No further legal actions were mentioned.
Three men are set to appear before the Central Criminal Court in Limerick. Sean Flanagan, aged 28, and Paul Colbert, aged 46, both from Lenihan Avenue, Prospect, have pleaded not guilty to the murder of Gerard McMahon on 18 January 2012. Ian Flanagan, aged 24, from the same address, has pleaded not guilty to two counts of assisting an offender on that date. The trial is scheduled to begin tomorrow and is expected to last four weeks.
Three men are on trial at the Central Criminal Court for the 2012 killing of Gerard McMahon in Limerick. Sean Flanagan, 28, and Paul Colbert, 46, both from Lenihan Avenue, Prospect, plead not guilty to murder. Ian Flanagan, 24, also from the same address, pleads not guilty to two counts of assisting an offender. The trial began Thursday and is expected to last up to six weeks.
The Court of Criminal Appeal has found that a four-year sentence imposed on a man convicted of dangerous driving causing death was unduly lenient. Kevin McArdle, aged 31, of Longfield, Carrickmacross, was originally sentenced at Monaghan Circuit Criminal Court in October 2011 following a collision on the Carrickmacross to Ardee road on 27 December 2010. Three people died in the incident: Stephen Connolly's wife, their unborn child, and two passengers in McArdle's vehicle. The court heard McArdle had consumed almost three-and-a-half times the legal alcohol limit and was driving on the wrong side of the road at the time. Mr Justice Donal O'Donnell rejected characterisations of the incident as a momentary lapse, describing it instead as an utterly predictable consequence of excessive drinking. The judge adjourned sentencing for two months to allow consideration of whether the custodial portion should be extended, pending psychological and garda reports on McArdle's rehabilitation prospects.
Ali Charaf Damache, an Algerian‑born Irish citizen aged 48, has applied for leave to seek judicial review of an attempt to extradite him to the United States, where he faces international terrorism charges. The High Court heard that the United States alleges Damache conspired with American woman Colleen LaRose, known online as "Jihad Jane," and others to create a terror cell in Europe capable of targeting U.S. and Western European citizens. Damache, who used the username "the black flag," is also alleged to have participated in a conspiracy to transfer a passport stolen from a U.S. citizen to an individual in Pakistan believed to be a member of Al Qaeda. Counsel for Damache, Mr Mícheál O'Higgins SC, argued that the Director of Public Prosecutions had decided not to prosecute him in Ireland and had unlawfully delegated the prosecution to the United States, thereby infringing Damache's constitutional rights.