Paul McGee, 21, was placed on a 12-month Probation Bond at Balbriggan District Court after pleading guilty to causing criminal damage and breaching a protection order. The charges relate to an incident on July 22nd at Selskar Avenue, Skerries, where Garda Anthony O'Connor alleged McGee kicked in a door and used threatening behaviour. Judge Dermot Dempsey ordered McGee to comply with Probation Services requirements. In a separate matter, Derek Gildea, 51, is charged with the unlawful possession of a combat knife allegedly found at Balbriggan Garda Station on October 24th. His case was adjourned to January 15th for a hearing. Additionally, Thomas Weldon, 32, is alleged to have committed burglary and assault causing harm in Brega on June 14, 2014. His case was adjourned to February 9th at Swords District Court. Finally, Daniel Michalow, 28, is alleged to have breached a protection order in Rush on December 7th by assaulting a woman. Sergeant Tony Tighe requested an adjournment to seek directions from the Director of Public Prosecutions regarding potential further charges. Judge Dempsey adjourned Michalow's case until February 26th.
Liudas Vaisvilas, 51, pleaded guilty at Dublin Circuit Criminal Court to sexual assault at Terminal 2 in Dublin Airport on April 10, 2014. The defendant, of Glenveagh Court, Letterkenny, Co Donegal, was remanded in custody for sentencing in February next, pending a full psychiatric assessment and an updated probation report. Judge Patrick McCartan expressed concern that Vaisvilas's mental state could lead to repeat offences. Vaisvilas was previously sentenced to six months' suspended imprisonment for a second sexual assault at Eddie Rocket's Diner on O'Connell Street, which occurred hours after the airport incident. He also has one other conviction for road traffic offences. Defence counsel Dominic McGinn SC stated that Vaisvilas had not slept for several days, had consumed vodka, and was experiencing flashbacks related to his past service in the Russian Special Forces in Siberia. The court heard that Vaisvilas has been in custody since the offence because he was unable to pay the €1,500 required under his High Court bail. Judge McCartan noted that Vaisvilas will receive full credit for the time spent in custody. The matter was adjourned to February for final sentencing.
In December 2014 the Court of Appeal doubled a six‑year sentence that had been imposed on Christopher Farrell, a 30‑year‑old from Drogheda, for two rape offences committed on 16 September 2007. Farrell had pleaded not guilty but was convicted by a jury of rape, oral rape, attempted rape and false imprisonment of one woman and sexual assault of another. He had 26 prior convictions, including assault. The Director of Public Prosecutions appealed, arguing the sentence was "undue leniency" and that aggravating factors had been ignored. The Court of Appeal quashed the concurrent six‑year sentences and imposed a new 12‑year sentence for the two rape counts, describing the original sentence as "very seriously inadequate.".
Karl Donohoe, 33, of Bealing Village, pleaded guilty to the manslaughter of British national Raymond Bates, 49, after a road‑rage incident on 30 September 2010. Donohoe beat Bates with a hurley stick, striking him on the head and repeatedly hitting him while he was on the ground. Bates, a construction worker from Durham, was later pronounced dead after a four‑day hospital stay. In April 2012, Mr Justice Paul Carney sentenced Donohoe to 12 years' imprisonment, with the final two years suspended, citing the savagery of the assault and Donohoe's self‑appointment as "sheriff and enforcer" in response to Bates' drunken driving. Donohoe appealed the sentence, arguing the judge had erred by referencing a separate case and the hate mail he had received. The Court of Appeal reserved judgment for 19 January, while counsel for the DPP maintained that the sentence was proportionate to the aggravating and mitigating factors presented. The case remains pending appeal.
The Special Criminal Court is hearing submissions on the admissibility of a tranche of evidence in the non‑jury murder trial of three men charged with the killing of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath on 6 March 2013. The defendants – Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44) – have pleaded not guilty to the murder charge and to firearm offences. A fourth man, David Cullen (30), who had been involved in the murder plan, turned State's witness and is serving a three‑and‑a‑half‑year sentence for lesser offences. The court has heard that Butterly was lured to the car park by another man, shots were fired at his vehicle and again when he tried to flee, and he was found collapsed by a lone Garda and pronounced dead shortly thereafter.
Gillian O'Donnell, 38, received a four‑year suspended sentence for aggravated burglary at an Artane house on 19 April 2013. She pleaded guilty at Dublin Circuit Criminal Court and admitted she was driven to the home by a third person who suggested the burglary would repay a debt. O'Donnell claimed she had no knowledge of the violence that would occur and that her ex‑boyfriend, Alex Harris, had 52 prior convictions and was later sentenced to six years for the same offence. The judge noted O'Donnell's drug addiction and her plans for residential treatment, accepted her lesser role, and suspended the sentence under strict conditions. O'Donnell expressed remorse, described duress and a lack of anticipation of Harris's actions, and stated she would not have participated had she known the extent of the violence.
Patrick O'Brien, aged 75, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982. The trial judge, Mr Justice Paul Carney, sentenced him to 12 years' imprisonment, suspended the final nine years, and granted him bail pending appeal. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence unduly lenient and ordered a review. The appeal was based on the argument that O'Brien's age alone should not mitigate his sentence and that there was insufficient evidence that his medical conditions made prison intolerable. The Court of Appeal will give reasons on 19 January and impose a new sentence on 26 January. O'Brien was present in court, assisted by a mobility aid, and his daughter Fiona Doyle attended with supporters.
Peter Kennedy, aged 75, was convicted of 27 counts of indecent assault against 18 boys over an 18‑year period from 1968 to 1986. He pleaded guilty and was sentenced by Judge Martin Nolan to 10 years' imprisonment on one count, with all other counts considered. The appeal was dismissed by Justice George Birmingham, who noted that a consecutive sentencing on each count would not have benefited Kennedy. He highlighted that all complainants were schoolboys, except one, and that the abuse had a profound impact, with many victims experiencing long‑term difficulties. Birmingham affirmed that Kennedy's sentence was within the judge's discretion and that there had been no offences since 1986. The judgment was delivered in the Dublin Circuit Criminal Court on 8 July 2013, and the appeal was rejected on 16 December 2014.
In a Dublin Circuit Criminal Court hearing, 34‑year‑old David Brady was sentenced to three years in prison for assault causing harm to Kevin Duggan, who was left with permanent facial scarring after Brady attacked him with a Stanley knife. The incident occurred on 8 March 2013 at The Belfry, Belamine Estate, Stepaside, when Brady, who had been drinking and taking cocaine, entered the apartment of his partner Caroline Kane and, upon hearing Duggan, shouted "I know what you're at" before brandishing the knife. Brady cut Duggan's face, chest and arm. Brady had a prior 2003 conviction for assaulting his girlfriend. Judge Desmond Hogan suspended the final year of the sentence on the condition that Brady keep the peace and participate in a drug and alcohol treatment programme. The court noted that the two couples had regularly socialised together in a pub before the night of the assault. David Brady pleaded guilty.
In a murder trial in Dublin, a former co‑accused turned State witness, David Cullen, testified that his former co‑accused were "screwed" because of the evidence against them. The Special Criminal Court found Cullen's evidence admissible. The case concerns the 2013 shooting death of Peter Butterly, a 35‑year‑old father of two, in the car park of the Huntsman Inn, Gormanston. The accused are Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44), all of whom pleaded not guilty to murder and, for Evans and McGrath, to firearm offences. Cullen, aged 30, had previously been involved in the murder plan and is now serving a three‑and‑a‑half‑year sentence for other offences. Gardaí and the Prison Service implemented extra security for his testimony, which caused long queues outside the Criminal Courts of Justice.
Garda whistleblower Keith Harrison, the applicant, brought a High Court challenge against the Garda Commissioner to halt internal disciplinary proceedings. Harrison denies all allegations, which include verbal and physical abuse, assault, and harassment of his partner, as well as allegedly accessing her car details on the Garda Pulse system 25 times between August 2009 and April 2013. He claims there is no bona fide basis for the inquiry and that the appointment of an investigating officer on December 1 was unlawful and unconstitutional. Harrison seeks orders prohibiting the investigation into alleged breaches of Garda Disciplinary Regulations and criminal conduct between October 1998 and October 2013. He argues his partner was unlawfully pressurised into making a statement, which was subsequently forwarded to GSOC, and that both their privacy rights were breached. Counsel Mark Harty SC stated the decision to investigate was malicious and oppressive, citing prior bullying following Harrison's arrest of a colleague in Athlone. Mr Justice Seamus Noonan granted permission to bring the action on an ex parte basis and imposed a stay on the disciplinary process pending the outcome. The matter was adjourned and made returnable to a date in late January.
In a case heard by the Court of Appeal, a 30‑year‑old man from Dublin, whose identity is withheld to protect the victim, was found guilty of 11 counts of sexual assault and defilement of a 13‑year‑old girl between May and August 2008. He had previously been in a relationship with the girl's mother and had lived in the mother's home from age 18, performing domestic duties such as babysitting. The girl, who had been 13 at the time, had a history of intimacy with the man that began with walking and talking, progressed to kissing, and eventually to sexual intercourse when the mother was absent. The man pleaded guilty early in the proceedings and was given a fully suspended three‑year sentence by Judge Patrick McCartan in 2011. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient.
A 70‑year‑old Clare man was tried in the Central Criminal Court for raping and sexually abusing a teenage boy he had previously given money to. He pleaded not guilty to three counts of anal rape and two counts of sexual assault committed at various sites in the county between 1999 and 2000. In court he admitted to touching the boy's penis once, but denied any further sexual contact. Prosecutor Dominic McGinn SC described how the accused allegedly took the boy on car drives, using a signal system of fingers and a matchbox to indicate whether he could stop. The alleged abuse is said to have occurred in the accused's car and home. After the third alleged rape the boy reportedly told the man he did not want it to continue, and the accused allegedly continued to give him money. The trial is ongoing before Mr Justice Patrick McCarthy and a jury.
Simon Gentles, aged 29, pleaded guilty to aggravated burglary at a home in Sixmilebridge, Co Clare, on 7 January 2010. He was originally sentenced to four years imprisonment by Judge Carroll Moran at Ennis Circuit Criminal Court on 6 February 2012. On appeal, the Court of Appeal, following an application by the Director of Public Prosecutions, increased his sentence to ten years imprisonment, with the final four years suspended. Mr Justice Alan Mahon noted that Gentles forcefully burst into the home of Ms Fitzpatrick, wearing a balaclava and carrying a sawn‑off shotgun that was loaded. He threatened to shoot Ms Fitzpatrick's head and pointed the gun at her 15‑year‑old son. The judge highlighted the violent and threatening nature of the offence and the use of a loaded firearm, and considered Gentles' prior convictions and prison courses when determining the suspended portion. Gentles will serve the new sentence of ten years imprisonment, with the final four years suspended.
A 41‑year‑old woman, Mercy Peters, originally from Sierra Leone, faces trial for the murder of her former partner, 42‑year‑old Tyrone McKenna, who was killed on 17 July at their shared home in Marlay Court, Rathfarnham. The case was heard before the Central Criminal Court, and Mr Justice Paul Carney set the trial for 20 June 2016.
In October 2016, the Central Criminal Court will hear the trial of eight Tallaght residents charged in the murder of 20‑year‑old Dale Creighton, who died on 2 January after being injured on a footbridge on Saint Dominic's Road. Seven defendants—Aisling Burke (21), David Burke (26), Graham Palmer (24), Ross Callery (21), James Reid (24), Jason Beresford (21) and Gerard Stephens (25)—are charged with murder. A eighth defendant, James O'Brien (22), is charged with assault causing harm. The trial is expected to last eight weeks, with the first hearing set for 3 October 2016.
A 70-year-old man from Carrickmacross, Co Monaghan has failed in his appeal against sentences for sexually assaulting two young girls. Peter Clarke pleaded guilty to two counts of sexual assault committed in May and September 2011. He received two concurrent five-year prison sentences at Monaghan Circuit Criminal Court in January 2013. Clarke's barrister argued the sentencing judge had failed to give proper weight to the guilty plea and had made inappropriate remarks during sentencing. The Court of Appeal yesterday rejected the appeal, finding the trial judge had properly considered all circumstances and mitigating factors. The court was not satisfied the sentences were unduly severe. Clarke remains in custody and will be required to engage with the probation service for seven years following his release.
A Letterkenny chiropractor has had his sentence for burglary reduced on appeal. Kevin Ginty, aged 47, pleaded guilty to burgling the home of a woman with whom he had been in a relationship. He was initially sentenced to five years imprisonment at the Central Criminal Court in July 2013 for the offence committed in April 2010. The Court of Appeal has now reduced the sentence to two years, to run from the date of his conviction. The court found that insufficient weight had been given to Ginty's lack of previous convictions and his standing in the community. Whilst acknowledging the seriousness of the burglary, which involved an assault on the woman in her own home, the appellate court determined that a two-year custodial sentence was more proportionate for a first-time offender in cases of this nature.
Ronald Hill, aged 44, received a three‑year prison sentence with the final two years suspended for assault causing harm to a 59‑year‑old woman and her 42‑year‑old son during a home invasion on 31 December 2010. Hill, who had 52 prior convictions including a seven‑and‑a‑half‑year sentence for firearm possession and robbery, was on bail for that offence when the attack occurred. He pleaded guilty at Dublin Circuit Criminal Court. The court noted Hill's prostate cancer and his history as a carer for a brother who died of cancer. Defence counsel argued Hill's judgment was impaired and that he had no intent to harm. The judge imposed the sentence, citing Hill's impaired judgment and the lack of justification for the assault. No victim impact statements were filed by the injured parties. The case concluded with Hill's sentence to run consecutively to his current term.
In a Dublin Circuit Criminal Court hearing on 12 December 2014, 23‑year‑old Cian Haddock pleaded guilty to assault causing harm after punching Caolan Fanning during a shouting match at a Luas stop. The single blow sent Fanning onto the tracks, breaking four teeth. Haddock, who had no prior convictions, paid €8,400 to Fanning as a practical expression of remorse. Judge Patricia Ryan, acting under the Probation Act, imposed no custodial sentence but ordered Haddock to keep the peace and be of good behaviour for six months. The judge noted Haddock's early guilty plea, lack of previous convictions and cooperation with Gardaí as mitigating factors, while Fanning, who had asked the court not to jail his attacker, expressed hope that Haddock would learn from the incident. The case was heard as an assault causing harm, with no further charges or convictions reported.
Frank Ward, 60, known for armed robbery, had his miscarriage‑of‑justice application rejected by the Court of Appeal on 11 December 2014. Ward had pleaded guilty to five assault‑related charges and possession of a firearm during the 2003 Goat Grill robbery, for which he received two concurrent life sentences later reduced to 20 years on appeal in 2012. He argued that a garda PULSE identification number and a newspaper article had prejudiced the sentencing judge, but the Court found no new facts or evidence to support his claim. The Court, led by Justice Seán Ryan, held that the alleged prejudicial material was not accessed by the judge and that the newspaper could not have influenced the sentencing. Ward was returned to prison to serve the remainder of his 20‑year term.
In a case involving a 29‑year‑old man who pleaded guilty to sexual assault, false imprisonment and the production of a knife, the Court of Appeal reduced his sentence. The original 2012 judgment had imposed six years for the assault and false imprisonment and four years for the knife, to run concurrently. The appeal court agreed that part of the sentence should be suspended and imposed two new six‑year terms for the assault/false imprisonment and for the knife, to run concurrently, with the final 18 months suspended. The suspension was conditioned on the defendant completing a sexual offenders programme. The court also ordered 12 months of post‑release supervision. The case was heard by Mr Justice Garrett Sheehan, Mr Justice Seán Ryan and Mr Justice George Birmingham. The defendant's background, including a lack of prior convictions and a troubled personal history, was cited in the decision to suspend the final 18 months.
In August 2013, Michael McDonald (44) broke into the parochial house of a priest on Cherry Orchard Avenue, Tallaght, stealing a Yankees baseball cap and a Lourdes‑branded purse containing €660. The intruder was caught by Gardaí hours after the burglary, still wearing the stolen cap and carrying the purse. McDonald pleaded guilty to burglary at the Dublin Circuit Criminal Court, where Judge Patricia Ryan adjourned sentencing to July of the following year and ordered him to keep the peace and participate in victim empathy programmes. McDonald, who has 27 prior convictions and was previously sentenced to three years for robbery and assault in 2002, admitted the theft and apologized to the priest. His defence counsel, Keith Spencer BL, highlighted McDonald's background in the Travelling community and his son's success as a professional footballer. The case remains at the sentencing stage.
The Special Criminal Court will decide on Tuesday whether a prosecution witness's evidence is admissible in the trial of three Dublin men charged with the murder of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath, on 6 March 2013. The defendants—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences. The trial, now in its 42nd day, has heard that Butterly was lured to the car park by another man, that a Toyota Corolla entered the car park and shots were fired at his vehicle, and that further shots were fired when he tried to flee. CCTV footage captured vehicles entering and exiting the car park but did not show the killing.
Louis Shiels, aged 27, pleaded guilty to rape, oral rape and false imprisonment of a woman who had become separated from friends at a hen party in Galway. The offences took place at his rented accommodation on 5 June 2011. He was sentenced on 25 February 2013 to 15 years' imprisonment, with the final three years suspended on each rape count, and a concurrent 8‑year sentence for false imprisonment. Shiels applied to review the sentence, but the Court of Appeal rejected the application. The court upheld the judge's view that the assault was "outrageous" and that mitigating factors such as Shiels' Asperger's syndrome and a psychologist's report were not sufficient to reduce his responsibility. Shiels will serve the remainder of his sentence in prison.
The Special Criminal Court is set to decide whether a prosecution witness's evidence can be admitted in the case of three men charged with the murder of Peter Butterly, a 35‑year‑old father of two, who was shot dead in the car park of the Huntsman Inn in Gormanston on 6 March 2013. The defendants—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder and to firearm offences. The trial, now in its 41st day, has heard that Butterly was lured to the car park by an unknown man, that a Toyota Corolla entered the premises, and that shots were fired at his vehicle and again when he tried to flee. CCTV footage captured vehicles entering and leaving the car park but did not show the killing. A witness was heard in a 'Voir Dire' today, and the court will later rule on the admissibility of that witness's evidence.
In 2014, a 27‑year‑old man from County Clare was sentenced to seven years' imprisonment, with the final three years suspended, after pleading guilty to one count of rape, four counts of sexual assault and four counts of oral rape against his younger cousin between 2003 and 2005. The Court of Appeal reduced his original nine‑year sentence, citing that the sentencing judge had taken too severe a view of the offender's conduct. The judge noted the abuse began when the accused was 12 and the victim was six, progressed through inappropriate touching and forced oral activity, and culminated in a full vaginal rape when the victim was 12 and the accused had turned 18. The court ordered 18 months of post‑release supervision, a €1,000 bond, and a lifetime prohibition on contact with the victim. The case highlighted the serious impact on the victim's life, including school withdrawal and self‑harm attempts.
A 51-year-old man was remanded on bail at Dublin Circuit Criminal Court ahead of trial next year on charges relating to alleged sexual offences against two young girls. The man faces 50 counts in total, including 40 counts of child exploitation involving the alleged production of child abuse material, three counts of sexual assault, and seven counts of defilement of a child under 17. The offences are alleged to have occurred between 2007 and 2011 at locations in Dublin and Donegal. The man was sent forward from the District Court earlier this year. A pre-trial hearing has been scheduled for June 5, 2015, with trial proceedings set to commence on July 13, 2015. The trial is expected to last approximately two weeks. The court heard that substantial disclosure material remains under review by both defence and prosecution teams.
A 65‑year‑old Dublin man, whose identity is withheld to protect the victims, had a five‑year jail term for sexually assaulting two adult nieces reduced to three years on appeal. He was convicted of two counts of sexual assault in 2007. He pleaded guilty to one count and contested the other. Judge Patrick McCartan originally sentenced him to five years for the first count and three years for the second, to run concurrently, on 8 March 2013. In the Court of Appeal, Mr Justice George Birmingham noted the man's intent to "get locked" at a family party in September 2007 and described the assault on his niece's 4‑year‑old daughter. The more serious offence occurred in June 2007 when the man assaulted a younger adult niece who had invited him home for drinks. He had no prior convictions, had worked for a commercial semi‑state company for 35 years, and had reached a senior management position.
Geraldine McMenamy, 48, of Tallaght, Dublin, was acquitted at Dublin Circuit Criminal Court of two charges of assisting an offender by impeding the apprehension or prosecution of her son, Paul McMenamy. The defendant pleaded not guilty to allegations that she assisted her son in escaping justice following an assault on care worker Nicola Murray on February 5, 2012. The State alleged that on February 8, 2012, Ms. McMenamy took her son to Dublin Airport and provided him with €400 cash to facilitate his departure. Judge Martin Nolan directed a not-guilty verdict on the charge of providing transport, citing a lack of evidence that she was driving the vehicle. A jury subsequently acquitted her of the charge of providing money. The court heard that Mr. McMenamy had assaulted Ms. Murray, leaving her unconscious, and was later arrested at a hotel near the airport with a one-way ticket to Manchester. In 2013, Mr. McMenamy was sentenced to six years, with one year suspended, after pleading guilty to assault causing serious harm to Ms. Murray. The defence argued that the defendant acted out of fear and that her son was a free man not yet charged. The matter was concluded with the acquittal of the defendant.
Glen Douche, 27, of Termon Abbey, Drogheda, lost an appeal against his assault sentence. He had pleaded guilty to two counts of assault causing harm and one count of endangerment in Darndale, Dublin, on 11 July 2009. Judge Martin Nolan had sentenced him to three years imprisonment in December 2012, to run consecutively after a prior nine‑and‑a‑half‑year term for possession of explosives imposed in 2010, with the final two‑and‑a‑half years suspended. Mr Justice John Edwards dismissed the appeal, noting that the sentencing judge had considered Douche's cooperation, literacy and addiction problems, difficult family history and the loss of two brothers, one killed in Mountjoy Prison. Douche had 109 previous convictions, mainly for road traffic offences, and the court was not inclined to allow the appeal. The case involved a party at a stab victim's home, a confrontation with Mr Anthony Byrne, and Douche's driving of his car at a group of people.
A 19‑year‑old Limerick teenager was sentenced to eight years' imprisonment, with the final three years suspended, for sexually abusing his seven‑year‑old step‑sister while babysitting her between February 2011 and January 2012. He pleaded guilty to two counts of oral rape and five counts of sexual assault at locations in Limerick and Clare. The judge cited the distressing details, breach of trust, gravity of the offences and the victim's age. The sentence includes a prohibition on contact with the victim, 18 months of post‑release supervision, and registration on the Sex Offenders Register. The accused had no prior convictions and was 16 at the time of the abuse. The case was heard at the Central Criminal Court, with the judge and defence counsel presenting evidence and arguments regarding the offender's age and remorse. The victim's impact statement expressed discomfort and a desire never to see the offender again.
The trial of Dean Evans, Edward McGrath, and Sharif Kelly for the alleged murder of Peter Butterly and related firearm offences continued at the Special Criminal Court. All three defendants, who are accused of killing the 35-year-old father of two in Gormanston, Co Meath, have pleaded not guilty. Evans and McGrath also face firearm charges on the same occasion. On the fortieth day of the trial, David Cullen, a former accused who turned State's witness, testified that he would have "lied through his teeth" if he had stood trial for murder. Cullen admitted to a history of dishonesty, including lying to gardai and committing thefts, but denied being prepared to commit perjury. He stated he would lie to avoid life imprisonment. The prosecution alleges Cullen was part of the murder plan before his cooperation. The court heard evidence regarding Cullen's credibility and past criminal conduct, including a faked burglary and theft of rings and a phone. The trial is ongoing, with no findings, sentences, or finalisations recorded at this stage.
In a Dublin Circuit Criminal Court hearing, the court considered the case of Edward Connors, a 30‑year‑old homeless deaf mute who was found guilty of manslaughter after an eight‑day trial. Connors had previously pleaded guilty to two counts of threatening people with a syringe. He claimed that the CCTV footage showing a punch was actually an attempt to stop the victim, Eoghan Dudley, from falling under a bus, which resulted in Dudley's death. The judge, Patrick McCartan, adjourned the case to allow Connors to be assessed for rehabilitation services in the UK, where facilities for deaf offenders exist. Dr Brendan Thomas Monteiro, a consultant psychiatrist, diagnosed Connors with a "primitive personality" stemming from lifelong hearing loss and lack of language, and warned that without treatment he would revert to his old ways. The judge ordered further assessment and inquiries into funding and legal issues for Connors' treatment abroad. Edward Connors pleaded not guilty.
Francis Lanigan, 49, is in Dublin custody awaiting extradition to Northern Ireland over the 1998 murder of John Knocker. He claims his two‑year detention is akin to internment, fearing harm from paramilitaries if returned. A High Court judge said bail was unlikely, but will consider a bail application at the next hearing. Lanigan's barrister, Kieran Kelly, argued that circumstances had changed, noting the arrest's second anniversary, his child, and partner's court appearance. Lanigan had previously used the alias Kieran McCrory for 15 years, a fact known to the Gardaí. The judge remanded him in custody until the next Monday, noting the court's inherent jurisdiction to grant bail at any point. The case remains at the extradition stage.
In a Dublin Circuit Criminal Court hearing, Geraldine McMenamy, aged 48, pleaded not guilty to two charges of assisting her son, Paul McMenamy, in evading arrest and prosecution for a serious assault on his then‑partner, Nicola Murray. The court heard that Paul assaulted Murray on 5 February 2012 and was arrested three days later at a hotel near the airport, carrying a one‑way ticket to Manchester and €600. Prosecutor Gerard Clarke SC alleged that Geraldine took Paul to the airport and gave him €400 to help him escape. Paul had previously been released without charge after his initial arrest. He later pleaded guilty to assault causing serious harm and was sentenced in 2013 to six years' imprisonment, one year suspended. Geraldine had earlier told Gardaí that she feared her son and had been threatened by him, but later retracted that statement. The trial continues before Judge Martin Nolan.
A Dublin Bus driver, Valentin Ticu, has been awarded €49,000 in damages after a High Court judge found he was assaulted and wrongfully arrested by Garda David Maguire. The incident occurred on October 4th, 2011, at the junction of Kimmage Road and Sundrive Road in Dublin. Mr Ticu claimed he was forcibly removed from the bus he was driving, arrested, placed in handcuffs, and pushed against a patrol car. He sued the Garda Commissioner and Garda Maguire for assault, false imprisonment, and wrongful arrest. The claims were denied by the defendants. In his judgment, Mr Justice Michael White found that Mr Ticu was wrongfully arrested and assaulted. The judge noted that Garda Maguire lost his temper after Mr Ticu did not comply with his direction to move the bus away from the scene of a road traffic accident. The judge dismissed Mr Ticu's claim of malicious prosecution. The judgment was against the Garda Commissioner only. Mr Ticu was charged with public order and road traffic offences, which he denied. The District Court had previously dismissed all charges against him. The judge viewed CCTV footage of the incident and accepted the evidence of Mr Ticu and two independent witnesses. The judge concluded that Garda Maguire's actions were unnecessary and that Mr Ticu was entitled to damages of just over €49,400 plus his legal costs.
A 55‑year‑old man was found guilty of sexually assaulting and falsely imprisoning his sister‑in‑law, but was acquitted of an oral rape charge. The trial, held at the Central Criminal Court, involved six counts, including two of rape, assault causing harm, sexual assault and false imprisonment. After almost five hours of deliberation, the jury returned a not‑guilty verdict on the oral rape charge. Two hours later, the jury found the man guilty of biting the victim's breast and of forcing her into a car, thereby falsely imprisoning her. The judge thanked the jury and excused them from future service for ten years. The defendant was remanded in custody for sentencing on 23 March and placed on the Sex Offenders' Register. The unnamed 55-year-old pleaded not guilty.
Two men have been convicted and sentenced at Dublin Circuit Criminal Court for their involvement in a series of violent offences. Dylan Smith, aged 22, and Daniel Malone, aged 20, pleaded guilty to charges arising from incidents in August and September 2013. In August, they unlawfully seized a taxi on Tubber Lane, Lucan, and subjected the driver to false imprisonment, robbery, and serious assault. The victim sustained a skull fracture and multiple facial injuries. In September, Smith stabbed a bus passenger in the thigh during a robbery at Kylemore Road, Bluebell, and subsequently forced the victim to withdraw €200 from an ATM. Smith was sentenced to six years imprisonment with the final eighteen months suspended, to run consecutively with a sentence from Roscommon. Malone received four and a half years with the final eighteen months suspended. Smith has fifty-seven previous convictions; Malone had one prior conviction. Both defendants expressed remorse, with Smith having engaged in rehabilitation since entering custody.
Michael Jones, aged 30, was sentenced to four years' imprisonment with the final two years suspended for assaulting security guard James Bowe at Powerscourt Shopping Centre in Dublin on 26 June 2010. Jones, who was intoxicated, fractured Bowe's C7 vertebra, bit his finger and palm, and caused serious injuries that Bowe had a pre‑existing spinal condition. The judge, Desmond Hogan, noted the assault was on the lower end of the medium range of seriousness and that Jones had not intended the severe injuries. Jones had previously pleaded not guilty to assault in Dublin and was convicted by a jury in July. He had earlier convictions in Northern Ireland, including a suspended sentence for indecent assault in 2007, and a two‑year prison term for robbery in 2010. The court ordered Jones to attend alcohol treatment and remain under probation supervision for 12 months after release. The sentence reflects the seriousness of the injuries and Jones' prior record.
The Special Criminal Court examined CCTV footage from the car park of the Huntsman Inn in Gormanston, where Peter Butterly, a 35‑year‑old father of two, was shot dead on 6 March 2013. Three Dublin men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—are on trial for his murder and have pleaded not guilty. Evans and McGrath also pleaded not guilty to firearm offences. The footage shows vehicles entering and exiting the car park but does not capture the shooting. Witnesses, including Detective Garda Shane Curran, were heard in a 'Voir Dire' session, and the court will decide later whether the footage is admissible. The trial continues with Justice Deirdre Murphy presiding, and McGrath's legal team will cross‑examine David Cullen, a former co‑accused who has turned State's witness. The case remains at the trial stage.
In a case heard in 2014, a 55‑year‑old man was found guilty of sexually assaulting his sister‑in‑law by biting her breast at her home and of false imprisonment by forcing her into a car. The jury, after deliberating a little over two hours, also convicted him of pulling her by the hair into her bedroom, punching her in the head and forcing her to perform oral sex. However, the trial judge directed a verdict of not guilty on three charges of oral rape and assault causing harm, citing insufficient evidence. The only remaining charge is an allegation that the man orally raped the woman during a car journey from her home to a town in County Limerick. The trial, now in its eleventh day, continues before Mr Justice Patrick McCarthy with a jury of nine men and three women.
The trial of Dean Evans, Edward McGrath, and Sharif Kelly for the murder of Peter Butterly is continuing before the Special Criminal Court. The three defendants, who are alleged to have murdered the 35-year-old father of two and committed firearm offences on the same occasion, have all pleaded not guilty. During cross-examination, State witness David Cullen, a former co-accused who turned State's witness, denied that joining the Witness Protection Programme would be an attractive option. Defence counsel for Sharif Kelly suggested Cullen had little to lose and that leaving Ireland would be a fresh start, citing Cullen's limited family connections. Cullen rejected this characterization, though he acknowledged a phone conversation with his father where he described going abroad as a "fresh start" to escape local issues. Cullen, who is currently serving a three-and-a-half-year sentence for lesser offences, agreed he faced a serious risk of a life sentence for the Butterly murder. He also acknowledged offering the State information on other high-profile murders to secure his deal. The trial is proceeding before a three-judge, non-jury court presided over by Ms Justice Deirdre Murphy.
A 17‑year‑old Romanian youth was sentenced to four years' detention for four robberies committed over a two‑week period in April 2014, when he was 16. The court found that the teenager had targeted vulnerable people in a cowardly manner, using violence but no weapon. He was sentenced to concurrent terms of four years' detention, with the last 18 months suspended on strict conditions, including two years of probation supervision. The offences involved the youth and an accomplice who lured pedestrians into a city‑centre alleyway before attacking and robbing them. One victim, a 52‑year‑old stroke survivor, was struck on the head and suffered severe injuries; his briefcase was stolen. Other victims included a 65‑year‑old homeless man, a 46‑year‑old man who sustained head injuries and was robbed of cash and jewellery, and a 20‑year‑old man who was robbed of a watch, phones and €300. The unnamed 17-year-old pleaded guilty.
David Brannock, a 24‑year‑old father of one, was convicted of manslaughter for killing Jason 'Jasper' Flannery and of causing serious harm to Flannery's brother‑in‑law John O'Neill and assault causing harm to Flannery's daughter Jade Byrne and son Anthony Byrne. He was cleared of assault causing harm to the mother, Claire Byrne. The trial found that Brannock attacked the family with an ornamental knife after an argument over Jade Byrne's Junior Cert results. He stabbed Flannery in the neck, causing death, and inflicted wounds on O'Neill, Byrne and Anthony. Brannock pleaded not guilty to all five offences. Sentencing was adjourned to 11 December, with the court to consider victim impact reports and a letter from the mother of Brannock's child. The case remains at the sentencing stage.
The Special Criminal Court has ordered an examination of the communications between David Cullen, the chief prosecution witness in the murder trial of Peter Butterly, and his solicitor from 6 March 2013 to 5 June 2014. Cullen, who was a co‑accused in the case and later became a State witness in June 2014, has already been dealt with by the court for lesser offences. He has agreed to voluntarily disclose documents relating to his communications with his solicitor since 5 June 2014, but this does not waive his claim to legal professional privilege. Defence lawyers sought disclosure of all communications, but Cullen claimed privilege during cross‑examination after giving evidence implicating the three accused men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—in the murder of the 35‑year‑old Peter Butterly in the car park of the Huntsman Inn, Gormanston, Co. Meath on 6 March 2013. Dean Evans pleaded not guilty. Edward McGrath pleaded not guilty.
The Court of Appeal has determined that an eight-year prison sentence imposed on a Roscommon man convicted of raping his neighbour's daughter was unduly lenient. President of the Court of Appeal Mr Justice Seán Ryan delivered the decision on 1 December 2014, describing the offences as standing "on the most heinous level" and involving "depravity amounting to torture". The man had pleaded guilty to multiple counts of rape and sexual assault perpetrated between 2004 and 2008 against a child who was five years old when the abuse commenced. The original sentence, imposed in July 2013 by Mr Justice Paul Carney, comprised concurrent terms across fifteen rape charges and five sexual assault charges. The Director of Public Prosecutions successfully challenged the sentencing as inadequate. Mr Justice Ryan stated the sentencing judge had erred gravely in considering eight years appropriate for the rape charges. The existing sentence will remain in place pending a new sentencing hearing scheduled for 13 February 2015.
In 2014 the Court of Appeal reduced the sentence of 29‑year‑old Shane Millea, who stabbed his cousin Paul Harris to death with a flick knife he had given him as a present. Millea had pleaded not guilty to murder but guilty to manslaughter, and was originally sentenced to ten years with two years suspended. The appeal court found the original sentence too severe and set it aside, imposing an eight‑year term with the last three years suspended on the condition that Millea remain of good behaviour for four years. The court cited Millea's immediate remorse, acceptance of responsibility, and the fact that he had stayed at the scene and provided first aid. The decision was made after considering the gravity of the offence and mitigating factors such as the circumstances of self‑defence and the victim's prior knife possession. The judgment was reserved for a later date.
The Central Criminal Court trial of a 55‑year‑old man accused of raping his sister‑in‑law has progressed to day seven. He pleaded not guilty to five counts of rape and assault, and denied falsely imprisoning the woman. Medical evidence was presented by a doctor from the South Infirmary Hospital's sexual assault unit. The doctor described bruising on the complainant's face, chest, nipples, left breast, right buttock and right thigh, noting a large bruise on the right cheek and a five‑centimetre bruise on the right nipple, consistent with forceful blows. The examination also revealed scratches across the collarbone. The accused had been arrested a week after the alleged assault and had denied any assault, claiming the incident never occurred and accusing the woman of lying. The trial continues before Justice Patrick McCarthy with a jury of nine men and three women.
Swords District Court heard four matters. Jandean Hyland pleaded guilty to assault causing harm after allegedly headbutting a victim at a nightclub. Judge Dempsey ordered Hyland to pay €1,250 in compensation by February 23rd to avoid a conviction. Keith Hammond pleaded guilty to using violent and threatening behaviour at a Garda station. The case was remanded until January 15th to assess suitability for an Adult Caution. Arthur Creedy pleaded guilty to theft for using a receipt to refund stolen runners. Judge Dempsey sentenced him to one month in prison, stating he would not increase his current sentence. Patrick Clarke was found guilty of driving without a licence and no tax after the judge proceeded in his absence. He was fined €200 for no tax and €100 for driving without a licence. A charge of no insurance was dismissed. All proceedings were handled by Judge Dermot Dempsey.