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2014-11-10 · Dublin

Man who sexually assaulted his half-sister given suspended sentence

In a Dublin Circuit Criminal Court hearing, a 34‑year‑old man pleaded guilty to two counts of sexual assault against his 20‑year‑old half‑sister, who had asked him to give her a lift home from a house party. The man, who had no prior convictions, was found to have sexually assaulted her twice while she pretended to be asleep, first on the way to his home and again on the return journey. He offered €5,000 to the victim, which the court said did not influence the sentencing. Judge Martin Nolan, after noting the absence of gratuitous violence and the man's one‑off nature, imposed a two‑and‑a‑half‑year sentence and suspended it in full. The court also considered the victim's refusal to accept the money and the possibility of a charitable nomination for her support.

2014-11-10 · Dublin

Albanian who impeded murder investigation has sentence reduced in Court of Appeal's first criminal case

In the first criminal case heard by the new Court of Appeal, Kastriot Boza, aged 41, appealed a February 2012 sentence of six years' imprisonment with the final two years suspended for impeding a Garda murder investigation. The case concerned the murder of Peter Gunn, 29, who was found stabbed to death in Dunsoghly Lane, The Ward, on 15 January 2009 after being missing for 11 days. Boza admitted to disposing of a meat knife and a blood‑stained carpet to hinder the apprehension of the alleged murderer. He pleaded guilty on the morning of his trial, which took place in Dublin on 6 and 7 January 2009. The Court of Appeal, presided over by Justice Seán Ryan, reduced Boza's sentence to four years with the final two years suspended, noting mitigating factors such as duress, his cooperation with the prosecution, and his participation in the Witness Protection Programme.

2014-11-07 · Dublin

Murder trial jury examine knife blade

In the murder trial of 23‑year‑old David Brannock, the Central Criminal Court heard evidence linking a knife handle found outside the victim's home to a blade recovered from Brannock's house. Detective Garda Seamus O'Donnell presented the handle, a similar handle from a neighbouring house, and a seven‑inch blood‑stained blade with a spider‑web design. He also showed a blood‑stained drawer under Brannock's bed containing an ornamental box that matched the reconstructed knife, which was assembled from the recovered pieces and measured over 30 cm. Forensic scientist Dr Stephen Clifford extracted a DNA profile from the blade that matched Brannock and a partial profile that matched John O'Neill, the victim's brother‑in‑law. The trial, presided over by Mr Justice Carroll Moran, continues with a jury of five women and seven men. The case involves Brannock's charges of murder, serious harm to O'Neill, and assault causing harm to Jade Byrne, Anthony Byrne and Claire Byrne. David Brannock pleaded not guilty.

2014-11-07 · Dublin

Drug addict grandfather jailed for five years for violent raid on elderly couple's home

Patrick Ryan, a 50‑year‑old drug addict, pleaded guilty in the Dublin Circuit Criminal Court to assaulting and threatening James and Sally Mountaine, stealing US$4,000 and jewellery, and threatening to burn and kill them. Ryan was part of a masked gang that raided the elderly couple's home on 3 February 2010. The gang tied the Mountaines, beat them, threatened to set Sally on fire, and forced James to reveal the location of money. The Mountaines were in their mid‑70s and were preparing to leave for the morning when the raid occurred. Ryan was sentenced to five years' imprisonment, with the judge suspending the last two years of a seven‑year sentence. The court noted the threat to set the woman on fire as an aggravating factor. The case involved 38 previous convictions for Ryan, including nine years for larceny and four for robbery. The stolen property, apart from US$2,000, was recovered.

2014-11-07 · Meath

Former murder accused turned prosecution witness had mobile phone seized in prison

In a Special Criminal Court hearing, the court considered the seizure of a mobile phone from David Cullen, a former murder suspect who has become a prosecution witness. Cullen, aged 30 and formerly of Balbriggan, had been part of the alleged murder plan for Peter Butterly, a 35‑year‑old dissident republican shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. He now testifies against three men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—who plead not guilty to the murder and related firearm offences. The court rejected the defence's request to disclose recordings of Cullen's phone calls, citing that no State agency had been identified and that relevant telephone conversations had already been disclosed. The hearing also addressed whether evidence of the accused men's arrest, detention and vehicle searches could be admitted, with a ruling expected next week. The case will resume on Tuesday before the same panel of judges.

2014-11-07 · Dublin

Judge criticises DPP for delay in child sex assault case

In a Dublin Circuit Criminal Court hearing, Judge Mary Ellen Ring sentenced a 39‑year‑old man to three and a half years' imprisonment for sexually assaulting his 12‑year‑old daughter and her 13‑year‑old school friend between January and December 2011. The defendant voluntarily approached Gardaí in January 2012, admitting the assaults, and pleaded guilty to five counts of sexual assault out of a total of 26. Judge Ring criticised the Director of Public Prosecutions for a 15‑month delay in prosecuting the case, arguing that the system must prioritise young victims. She urged the prosecuting barrister to raise the issue with the DPP. Two teenage victims, now 16, read victim impact statements describing severe emotional and educational harm, including suicidal thoughts, depression, self‑harm, and bullying. The defendant, who had no prior convictions, was noted to have been sexually abused as a child and to have suffered depression and unemployment.

2014-11-06 · Dublin

Trail of blood led gardai to accused man's home, murder trial hears

During a murder trial in the Central Criminal Court, evidence was presented that a trail of blood led Garda Patrick Whelan from the body of Jason Flannery, who was stabbed in the back of his neck, to the home of the accused, 23‑year‑old David Brannock. Whelan arrived at St Joseph's Way shortly after 4.15 am, saw the deceased lying on the footpath with a silver crutch and blood speckles leading away, and followed the trail to Brannock's front door. Inside, he found Brannock hiding behind a shelving unit, claiming he was fixing the shelf. Brannock had been injured in a separate altercation and was arrested on suspicion of assault causing serious harm to Flannery. The trial also heard that Flannery died from a stab wound to the upper cervical spinal cord, with additional wounds to his stomach, and that his children and brother‑in‑law suffered serious injuries. David Brannock pleaded not guilty.

2014-11-06 · Dublin

Man who carried out ear-biting assault diagnosed with adult ADHD, court hears

In a Dublin Circuit Criminal Court case, James Mooney, aged 22, pleaded guilty to assault causing harm after punching and biting off part of victim James Ferrari's ear at a GAA club in Ringsend on 1 April 2013. The judge adjourned sentencing to January and ordered an assessment of Mooney's suitability for restorative justice and community service. A victim impact report described Ferrari's ongoing worry, depression, nightmares, job difficulties and social withdrawal following the attack. Ferrari's father expressed hope to come to terms. Mooney was diagnosed by consultant psychiatrist Dr Sean O'Domhnaill with adult ADHD, described as impulsive and overactive, and linked to cannabis use. Mooney claimed he was not conscious of biting the ear and had no intention to remove it. Ferrari suffered €1900 in lost earnings and €350 in medical and counselling costs.

2014-11-06 · Dublin

Court rises early to consider submissions on evidence in Peter Butterly murder trial

The Special Criminal Court convened early on 6 November 2014 to hear submissions about the admissibility of evidence in the murder trial of Peter Butterly. The accused—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—had pleaded not guilty to the killing of Butterly (35) and to related firearm offences. A fourth man, David Cullen (30), had previously turned State witness. The court entered a voir dire to decide on the legality of the arrests, detentions and vehicle searches. Judges Deirdre Murphy, Margaret Heneghan and Cormac Dunne were to rule on the evidence next Tuesday. Discussions were to be held with counsel regarding Cullen's testimony. Public members were excluded when National Surveillance Unit officers testified, but were later allowed back to hear Emergency Response Unit evidence, which may still be inadmissible. The trial will resume tomorrow before the same judges.

2014-11-06 · Dublin

Man accused of INLA membership further charged with assault

Paul Mason, 26, of Ballygarra Park, Garristown, was brought before the Special Criminal Court on 6 November 2014. He had previously been charged with membership of the Irish National Liberation Army (INLA) on 7 May 2014. At the hearing, a new charge was added: assault causing harm to a man on 16 February 2014 at The Saltings, Annagassan, Co Louth, under section 3 of the Non‑Fatal Offences Against the Person Act 1997. When presented with the charge sheet, Mason denied the assault. The court noted that the bail conditions attached to the original INLA charge also applied to the new assault charge. A book of evidence had been served, and the court extended legal aid to the case. Mason had been granted bail on the INLA charge in May, despite Garda objections over the amount of the independent surety. The case was scheduled for mention again on 11 December 2014.

2014-11-05 · Dublin

Exclusion zones set up around water meter installation sites

In November 2014 the High Court granted GMC Sierra Ltd an order creating a 20‑metre exclusion zone around its water‑meter installation sites in Dublin. The company had earlier obtained injunctions in October to protect its workers from harassment, intimidation and interference. GMC claimed that protesters had escalated their activities, including blocking vehicles, damaging equipment and threatening workers, and that the protests were "seriously impairing" the installation work. Video evidence showed what the judge described as a significant deviation from lawful protesting, and other evidence suggested workers were followed home and subjected to assault. The judge, while recognising the constitutional right to protest, ruled that the exclusion zone would not apply to residents or people carrying out normal business. The order also prevented protesters from blocking GMC's vehicles from accessing or leaving the sites. The case was not about the policy of water charging but about protecting the rights of GMC's workers.

2014-11-05 · Dublin

Two men sentenced for committing violent disorder while out on bail for other offences

In a Dublin 8 Basin Street flat complex assault on 11 July, Karl Harford (23) and Tony Dempsey (20) pleaded guilty to violent disorder. Both were on bail for other offences at the time. Harford received a five‑year sentence with the final 2.5 years suspended; Dempsey received a three‑year sentence with the final year suspended. Harford's sentence will commence after his existing eight‑year sentence, while Dempsey's will run concurrently with a separate two‑year sentence for possession of stolen property. The court noted Harford's 149 prior convictions, including 77 traffic offences, and Dempsey's 43 prior convictions. Judge Mary Ellen Ring highlighted Harford's temper issues and both men were ordered to keep the peace during the suspended portions of their sentences. The victim, Karl Gavin, was stabbed twice in the back and hospitalised but declined to give a victim impact statement.

2014-11-05 · Dublin

Non-jury court sits late to hear submissions on admissibility of key evidence

The Special Criminal Court convened later than scheduled to consider the admissibility of evidence in the trial of three men—Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44)—who have pleaded not guilty to the murder of Peter Butterly (35) and to firearm offences at the Huntsman Inn car park on 6 March 2013. A fourth man, David Cullen (30), who had been part of the murder plan, turned State witness earlier in the year. The court entered a voir dire to examine the legality of the arrests, detentions, and vehicle searches. Judges Deirdre Murphy, Margaret Heneghan, and Cormac Dunne will decide on the admissibility of evidence, including that from National Surveillance Unit officers whose identities and methods are protected. Public access was initially restricted to safeguard the officers' physical characteristics and the unit's methodology, but was later restored for evidence from the Emergency Response Unit. The case will continue tomorrow in the non‑jury court.

2014-11-05 · Dublin

Witness at murder trial describes seeing his gut falling out of his body

During the trial of 23‑year‑old David Brannock, John O'Neill gave evidence about an incident that occurred on the evening of 12 September 2012. O'Neill said he was at his sister Claire Byrne's home celebrating her daughter Jade's Junior Cert results when Brannock arrived after midnight. An argument ensued, Brannock threw bottles and shouted threats. O'Neill followed Brannock and his brother‑in‑law Jason Flannery and nephew Anthony Byrne out of the house. He found Flannery lying in a pool of blood and described a violent struggle in which he was struck in the throat. O'Neill claimed he felt a part of his gut falling out, a golf‑ball‑sized piece, and that he sustained seven stab wounds. He spent ten days in a coma, 25 days with a breathing tube, and nearly a month in hospital. Claire Byrne also testified, describing her attempt to protect her son and the violent encounter with Brannock. David Brannock pleaded not guilty.

2014-11-04 · Dublin

Brother and sister describe the moment their father was killed in violent confrontation

In a trial at the Central Criminal Court, a 23‑year‑old Dublin man, David Brannock, pleaded not guilty to five offences, including the murder of Jason Flannery, the father of three, and serious harm to his siblings, mother and uncle. The alleged violent confrontation took place on 13 September 2012 at St Joseph's Way, Poppintree, Ballymun, after a Junior Cert celebration. Jade Byrne, aged 16, testified that she and her family were at a friend's house when Brannock arrived. An argument ensued, and Brannock was asked to leave. He allegedly returned, chased the family, and stabbed Flannery, who died on the scene. Brannock also stabbed Jade's brother, Anthony, and assaulted their mother, Claire, and uncle, John O'Neill, who sustained serious injuries. The prosecution argued that Brannock armed himself with a knife after being forced out of the house, while the defence suggested self‑defence.

2014-11-04 · Dublin

Court hears final submissions on admissibility of evidence in Peter Butterly murder trial

The Special Criminal Court has begun hearing final submissions from defence counsel on the admissibility of evidence against three men charged with murdering dissident republican Peter Butterly. Dean Evans (24), of Grange Park Rise, Raheny, Edward McGrath (33) of Land Dale Lawns, Springfield Tallaght and Sharif Kelly (44), of Pinewood Green Road, Balbriggan have pleaded not guilty to the murder of Peter Butterly (35) who was shot dead in the car park of the Huntsman Inn, at Gormanston Co Meath on March 6 2013. Mr Evans and Mr McGrath have also pleaded not guilty to firearm offences at the same address, on the same date. A fourth man, David Cullen (30), with a last address in Balbriggan, was allegedly "part of the murder plan himself" but turned State's witness against his former co-accused earlier this year.

2014-11-04 · Dublin

Sexual assault victim rejects compensation offer from attacker and asks for money to be donated to charity

In a 2014 case, a 32‑year‑old man who had previously been declared a sex offender pleaded guilty to sexually assaulting a young woman at a Dublin home in early 2013. The victim, who had gone to bed after a party, was approached by the accused, who admitted he had entered the bedroom to get a blanket, then kissed and touched her, and digitally penetrated her. He claimed he hoped she would think he was her partner. The court heard he had five prior convictions, including drug dealing. The victim rejected a €2,000 compensation offer from the accused and requested the money be donated to the Rape Crisis Centre. Judge Catherine Murphy adjourned sentencing to 10 December, ordered a probation report, and directed the accused's solicitor to pay the charity. The accused expressed remorse and said he would live with his actions for the rest of his life. The case remains at the sentencing stage.

2014-11-04 · Dublin

Extradition case against convicted murderer on the run here adjourned

The High Court has adjourned extradition proceedings against two convicted murderers until November 18th. Anthony Craig, aged 66, was convicted of murder in Blackburn in 1973 and escaped from an English prison before coming to Ireland, where he subsequently lived in Cork and Leitrim. Michael Anthony Balmer, aged 62, was sentenced to life imprisonment in 1984 for a killing in Devon. In July, Mr Justice John Edwards indicated he would surrender both men to UK authorities. However, their legal representatives sought to appeal to the Supreme Court, arguing the cases raise questions of exceptional public importance concerning constitutional protections against preventative detention. Mr Justice Edwards has now agreed to refer both matters to the Supreme Court on a single reformulated question relating to whether surrender would breach constitutional safeguards under Article 40.4. The cases remain adjourned pending preparation of the approved judgment, following which notice of appeal may be served.

2014-11-04 · Limerick

Convicted murderer Nathan Killeen will not stand trial for 2008 murder

Nathan Killeen, 24, of Hyde Road, Prospect, will not stand trial for the 2008 murder of James Cronin after the State entered a nolle prosequi. Killeen had been charged with murdering 20-year-old Cronin between April 5th and 7th, 2008, whose body was found in a shallow grave near Ballinacura Weston. In the Special Criminal Court, presided over by Ms Justice Deirdre Murphy, Ms Justice Margaret Heneghan, and Judge Cormac Dunne, prosecuting counsel Tom O'Connell SC informed the court of the decision not to proceed. The court accepted the nolle prosequi, and Ms Justice Murphy discharged Killeen. Killeen is already serving a life sentence for the April 2009 murder of Roy Collins at Coin Castle Amusements, Limerick, a conviction shared with co-accused Wayne Dundon, who also received a life sentence in July. Previously, Killeen's counsel, Giollaíosa Ó Lideadha SC, sought an adjournment citing the burden of a recent marathon trial and a change in solicitors. The prosecution opposed this, noting that a key witness, under garda protection since giving a statement over two years ago, faced ongoing threats. In July, Mr Justice Paul Butler refused the adjournment, agreeing with the State that delaying the trial posed a risk to the witness's wellbeing and life.

2014-11-04 · Louth

Trial date for Dr Michael Shine will not be set until after judicial review

The trial date for Dr Michael Shine, an 82‑year‑old retired consultant surgeon, will not be set until after a High Court judicial review. He faces 25 counts of indecent assault against 22 alleged victims, with the earliest incidents dating to 1964 and the latest to 1990, allegedly occurring at Our Lady's Hospital in Drogheda and a clinic in County Louth. Judge Mary Ellen Ring adjourned the matter again, noting that Shine's legal team are still awaiting the High Court's judgment and that no indication exists as to when it will be delivered. She scheduled a mention for January 14, giving the State and defence the liberty to re‑enter the case should the judgment return before that date.

2014-11-03 · Dublin

Swords District Court round-up

Swords District Court heard several matters. Dwaine O'Connell, 26, pleaded guilty to unlawful possession of €3,000 worth of cannabis resin for sale or supply and €350 of cannabis herb. Judge John Coughlan sentenced him to eight months in prison, but O'Connell appealed the sentence after recognisance was fixed. Jandean Hyland, 26, pleaded guilty to assault causing harm, but the case was adjourned until December 1st because the victim was not in court and jurisdiction issues needed resolution. David Bennett, 32, pleaded guilty to assault causing harm; his case was adjourned until November 11th for Judge Dermot Dempsey to determine compensation to avoid a prison sentence. Andrew Cooley, 21, pleaded guilty to failing to provide a specimen and was disqualified from driving for four years and fined €75; a separate charge of making off without payment of a taxi fare was struck out. Kevin Harris, 24, is alleged to have driven under the influence of an intoxicant; his case was adjourned until December 22nd for hearing.

2014-11-03 · Dublin

Dublin man smashed victim in face with glass leaving him with permanent scars in unprovoked attack

Ciaran Gilford, aged 27, was sentenced to four years' imprisonment for assault causing serious harm after striking Stephen Doyle, 42, with a glass at the Wright Venue in Swords on 1 December 2012. Doyle suffered post‑traumatic stress disorder, permanent scarring and numbness in his left jaw. The court noted that Gilford's attack was unprovoked and followed an alleged argument over pints. Judge Mary Ellen Ring suspended the final 18 months of the sentence because of Gilford's guilty plea and cooperation with gardaí. Gilford was ordered to continue medication for ADHD and depression while in custody, and he paid €3,000 to Doyle as compensation. He also agreed to keep the peace and maintain good behaviour for the duration of his sentence. The court recorded that Doyle received stitches, was on a liquid diet and is awaiting further surgery for scar revision. Gilford's prior minor convictions for intoxication were also noted.

2014-11-03 · Ireland

Man who bit his ex-girlfriend's ear during violent attack sentenced to four years

Robert Melia, 32, was sentenced to four years in prison, with the last 18 months suspended, for a sustained violent attack on his ex‑girlfriend Elizabeth Clifford, then 25, on 29 June 2012. Melia pleaded guilty at Dublin Circuit Criminal Court. The assault began when he entered Clifford's home at 1 a.m., after she had let him use the bathroom. He verbally abused her, struck her on the side of the head, threatened her with death, and then bit her right ear, attempting to bite it off. Clifford suffered a broken ear and required stitches and plastic surgery. Melia had four prior convictions for firearms possession, trespass, burglary and public order. He was arrested at the scene after being restrained by local people. The judge described the attack as violent and serious, noting Clifford's fear of being killed or seriously injured. The suspended portion of the sentence is contingent on 18 months of probation supervision.

2014-11-03 · Kildare

Man already serving life sentence for murder gets 12 years for shotgun possession

Darren Wynne, 21, of Athy, Co. Kildare, was sentenced at the Central Criminal Court to 12 years imprisonment for possession of a sawn-off shotgun and ammunition with intent to endanger life. He had previously been convicted by a jury of murdering Jamie Lindsay, 20, in April 2013, for which he is serving a life sentence. Wynne had also pleaded guilty to possession of a sawn-off shotgun and cartridges in suspicious circumstances, an offence for which he received an eight-year sentence. Mr Justice Garrett Sheehan suspended the final two years of each firearms sentence, conditional on Wynne's compliance with his sentence management programme. Both sentences were backdated to April 12, 2013, and run concurrently with the life sentence. The judge considered Wynne's young age, good character, and cooperation with gardai. Two other men, Quentin Monaghan and James Seery, who were tried alongside Wynne, pleaded guilty to manslaughter and possession of a sawn-off shotgun and cartridges in suspicious circumstances. Monaghan was sentenced to eight years imprisonment with two suspended, while Seery received seven years with three suspended for the killing. The court heard evidence that Lindsay was shot in the right eye at point-blank range, and that Wynne claimed he intended only to injure him.

2014-11-03 · Dublin

23-year-old denies Ballymun murder

A 23‑year‑old man from St Joseph's Way, Ballymun, denied all charges in a Central Criminal Court arraignment. He pleaded not guilty to murdering Jason Flannery on 13 September 2012 and to causing serious harm to John O'Neill, as well as to assaulting Jade Byrne, Anthony Byrne and Claire Byrne at the same time and place. Mr Justice Paul Carney sworn in a jury of five women and seven men, who will hear the case tomorrow. The two‑week trial will be the first murder case before the newly‑appointed Mr Justice Carroll Moran.

2014-10-31 · Dublin

Members of armed garda unit continue giving evidence in Peter Butterly trial

On 31 October 2014, the Special Criminal Court heard further evidence in the trial of three men charged with the murder of Peter Butterly. Officers from the National Surveillance Unit had been giving evidence, but members of the public were excluded to protect the officers' identities and the unit's methodology. Garda D was escorted through the courtroom custody area because lawyers for the State said he could not walk "out into the public as normal." Public members were again allowed to enter the non‑jury court to hear continuing evidence from the Emergency Response Unit, though that evidence may not yet be admissible. The trial focuses on the legality of the arrests. The accused—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—have pleaded not guilty to the murder of Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013.

2014-10-31 · Clare

Alcoholic jailed for life for murder of Polish man who came to Ireland "for better life"

Michael Maughan, 40, was found guilty of murder and assault in Ennis, County Clare, after stabbing Piotr Nowakowski, 31, twice and striking him again in the head. The jury, after a two‑hour and 23‑minute trial, returned a unanimous verdict. Mr. Maughan had pleaded not guilty to both charges, but the prosecution rejected his manslaughter plea. Mr. Maughan, who had a history of alcohol‑related offences, claimed he was out of control and had no memory of the motive. Mr. Nowakowski was a Polish immigrant who had come to Ireland for a better life. Mr. Maughan was sentenced to mandatory life imprisonment for the murder, concurrent with a four‑year sentence for the assault, both back‑dated to 24 July 2013 for time already spent in custody. The court heard that Mr. Maughan had 68 prior convictions dating back to 1991, including public order, burglary and theft.

2014-10-31 · Limerick

Limerick men jailed for IRA membership

Two men from Limerick, Thomas McMahon, 32, and Noel Noonan, 35, were sentenced by the Special Criminal Court to two-and-a-half years each for membership of the Irish Republican Army (IRA). Both pleaded guilty to a single charge of IRA membership on 7 February 2013. The court was presented with evidence of three rocket launchers, launch tubes and mortar drills seized during the investigation. McMahon, a former chef from Ros Fearna, Murroe, and Noonan, who lived at St. Patrick's Hostel, Clare Street, had previously been convicted of false imprisonment and two threats to kill; Noonan had prior convictions for assault. Both men denied IRA membership and knowledge of the equipment at the time of arrest, but later entered guilty pleas. The judge, Justice Paul Butler, imposed a four‑year sentence, with the final year and a half suspended upon each man's payment of a €500 bond and a promise not to commit further offences or associate with members of unlawful organisations.

2014-10-31 · Dublin

Soldier cleared of assaulting two gardai at 21st after-party

A 22‑year‑old Dublin soldier, Naoise O'Conarain, was acquitted by a jury of assault charges against two Gardaí, Andrew Quinn and Fiachra Molloy, following an incident at his home on 10 March 2013. The trial, held in Dublin Circuit Criminal Court, lasted 11 days and the jury found him not guilty after 1 hour 47 minutes of deliberation. Judge Patrick McCartan had earlier directed the jury to acquit him of assaulting three additional Gardaí due to lack of evidence. O'Conarain had no prior convictions. The Gardaí testified that he struck them in the bathroom after a domestic disturbance call. O'Conarain's mother, Olga Howlett, claimed the Gardaí used "uncalled for" language and beat her son, while a family friend, Keith Henry, said the officers could have handled the situation better. The court heard that the Gardaí had used pepper spray and a disposable razor during the altercation. No further charges were pursued.

2014-10-31 · Sligo

New court to determine in December whether sentence handed down to rapist father Patrick O'Brien was too lenient

Patrick O'Brien, aged 74, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982 at Mackintosh Park, Pottery Road, Dun Laoghaire. The trial judge, Mr Justice Paul Carney, described the case as one of the worst abuse cases and, considering O'Brien's health, sentenced him to 12 years in prison, suspending the final nine years and granting bail pending appeal. The DPP has appealed, arguing the sentence was unduly lenient. The State's application will be heard by the new Court of Appeal on 17 December, while O'Brien remains in prison serving the unsuspended portion of his sentence.

2014-10-30 · Dublin

Dublin man sentenced to six-and-a-half years for "one punch" manslaughter

In October 2014, a Dublin Circuit Criminal Court sentenced Alan Hatch, 38, to six‑and‑a‑half years in prison for the one‑punch manslaughter of Liam Bennett, 46, who died a week later after a severe brain injury. The incident occurred on August 8, 2013, along the canal near the Golden Bridge Industrial Estate. CCTV showed Bennett swinging his elbow at Hatch as they passed, but the footage did not capture contact. Hatch pleaded guilty to the unlawful killing and to a separate handbag robbery. The judge accepted that Hatch did not intend to kill Bennett but found the assault gratuitous and without justification. A 12‑month portion of the sentence was suspended, and the term was back‑dated to August 3, 2013, the date of Hatch's custody for the offence. Bennett's family expressed deep grief and a hope that no one else would suffer similar violence.

2014-10-30 · Clare

Judge tells murder trial jury that alcohol is not a defence to criminal responsibility

In a murder trial in the Central Criminal Court, Mr Justice Paul Carney instructed the jury that alcohol does not excuse criminal responsibility. The accused, Michael Maughan, 40, pleaded not guilty to murder but guilty to manslaughter of Piotr Nowakowski, 31, who was stabbed twice on 23 July 2013 and died en route to a hospital. Maughan and his brother had been drinking with Nowakowski and two others earlier that day and returned to the apartment later that night. Maughan also pleaded not guilty to assaulting Declan O'Dea at the same address. The judge emphasized that intent can arise instantly and that pre‑planning is not required. The prosecution argued that ample evidence supported a murder conviction, while the defence highlighted Maughan's alcoholism and recent release from an addiction centre. The jury was sworn in for a week‑long trial.

2014-10-30 · Dublin

Two jailed for violent attack on gardai at halting site

Two Travellers, Owen McDonagh Jnr (23) and Thomas McDonagh (22), were convicted of violent disorder for a May 12, 2013 attack on Gardaí at St Margarets Park, Ballymun. They were part of a group that hurled missiles—including a small motor and a rock—at the officers and threatened to kill them. The court found that Thomas had 92 prior convictions, including burglary and theft, and had recently been disqualified from driving for 20 years for driving without insurance. Owen had 27 prior convictions, including burglary, theft and road traffic offences. Judge Martin Nolan sentenced both men to two years' imprisonment, suspending one year of Owen's term. A third man, John McDonagh (18 at the time), received a suspended two‑year sentence. The incident involved Garda Ronan McMorrow and a second officer who pursued Thomas into the halting site, where the pair threatened and attacked them, forcing the officers to retreat for their safety.

2014-10-30 · Dublin

Legality of arrest key issue in trial of three men accused of murdering Peter Butterly

In the Special Criminal Court, the legality of the arrest of three men charged with the murder of Peter Butterly was a key issue. The defendants—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—had pleaded not guilty to the murder and to firearm offences at the same scene. A fourth man, David Cullen (30), had turned State's witness. The court heard that Butterly, aged 35, was lured to the car park of the Huntsman Inn on 6 March 2013, where a Toyota Corolla entered and shots were fired at his vehicle and as he fled. Prosecutor Úna Ní Raifeartaigh SC reported Butterly was found collapsed and pronounced dead. The case, involving a tracking device on the Corolla, will continue tomorrow before the panel of judges. The public was allowed to re‑enter the courtroom after a surveillance garda was escorted through the custody area. The evidence of the Emergency Response Unit remains potentially inadmissible.

2014-10-30 · Dublin

Balbriggan District Court round-up

At Balbriggan District Court, Jevgenijs Zurila (32) of Navan pleaded guilty to trespassing and the theft of two containers of diesel worth €150 from Bently Bros Ltd in Lusk on August 14th. Judge Grainne O'Neill convicted him, noting his previous conviction for theft, and fined him €250 for trespass and a further €250 for the theft, warning that a future offence would result in a prison sentence. Joseph McGovern (39) of Donabate pleaded guilty to being intoxicated and using threatening and abusive behaviour towards gardai at Macari's Takeaway in Donabate on May 22nd. Despite mitigation regarding his mother's recent death, Judge O'Neill convicted him and imposed a €300 fine. Catherine Joyce (42) of Balbriggan, who is alleged to have been intoxicated and used threatening and abusive behaviour on October 2nd, had her case adjourned until January 8th as further charges, including an alleged assault on a garda, may be brought. Neil Phipps (29) of Balbriggan, alleged to have assaulted Brian Cranny causing harm on May 9th, had his case adjourned until November 27th pending DPP directions. John Fleming (30) of Skerries, alleged to have driven without reasonable consideration on January 22nd, had his case adjourned until December 4th to seek legal advice.

2014-10-29 · Dublin

Gardai giving evidence in murder trial exit court through custody area

The trial of Dean Evans, Edward McGrath, and Sharif Kelly for the murder of Peter Butterly and associated firearm offences continued in the Special Criminal Court. All three defendants, who are alleged to have shot Butterly dead in the car park of the Huntsman Inn, Gormanston, Co Meath, on March 6, 2013, have pleaded not guilty. Evans and McGrath also face firearm charges for the same incident. The court heard evidence from National Surveillance Unit gardaí, who exited the courtroom via the custody area to protect their identities and operational methodology. Defence counsel Gaillíosa O'Lideadha SC argued that the storage of these witnesses in a shared room before testimony compromised the integrity of the process, a claim the prosecution rejected as a logistical necessity. The court has also heard that a fourth man, David Cullen, allegedly part of the murder plan, turned State's witness. Evidence indicated Butterly was lured to the scene, where shots were fired at his vehicle and as he attempted to flee. The prosecution noted this is the first case in the State's history involving a tracking device on a vehicle. The matter was adjourned and continues before a three-judge panel.

2014-10-29 · Dublin

Man who attacked his former partner leaving her permanently disfigured fails in Supreme Court bid

A man originally from Sligo has failed in his bid to have his conviction appeal heard by the Supreme Court following an attack on his former partner in Dublin in 2009. Fergal McNulty was convicted by Dublin Circuit Criminal Court of assault causing harm and assault causing serious harm after striking the woman on the face, causing permanent facial scarring. He was sentenced to eight years imprisonment in July 2012. The Court of Criminal Appeal dismissed his initial appeal in March, finding the conviction was safe. McNulty's legal team subsequently applied for Supreme Court referral, arguing the case raised a point of law of exceptional public importance concerning jury instruction on alibi defences. On Wednesday, the Court of Criminal Appeal, comprising three judges, rejected this application. The court determined that no point of law of exceptional public importance had been established and that it was not in the public interest to refer the matter to the Supreme Court. Fergal McNulty pleaded not guilty.

2014-10-29 · Wicklow

Suspended sentence for financial services worker who told taxi driver "you are going to be one of those f**king ni****s that I kill"

Paul Roche, 31, from Wicklow, pleaded guilty to assault causing harm to taxi driver Francis Mordi on the N11 at Cabinteely on 26 May 2013. The incident began when Roche, who was drunk, could not give directions and threw a €20 note at Mordi after the driver asked for money. Roche then attempted to leave the vehicle, jumped on Mordi, and tried to strangle him, shouting a racial slur. Mordi managed to escape, used a hammer to threaten Roche, and drove to the nearest Garda station. Roche was arrested, refused to give his name, and later settled a civil claim with Mordi. Judge Mary Ellen Ring remanded him briefly, then suspended a two‑and‑a‑half‑year jail sentence on the condition he keep the peace for that period. Roche is employed in financial services and has attended anger‑management and alcohol‑free courses.

2014-10-29 · Clare

Murder accused "would be known to drink a lot", trial hears

The trial of Michael Maughan, 40, of Stone Court, Ennis, continues before a jury of seven men and five women under Mr Justice Paul Carney. Maughan pleaded not guilty to murder but guilty to the manslaughter of Piotr Nowakowski, 31, at Sandfield Mews, Ennis, on 23 July 2013. The prosecution rejected the manslaughter plea and a jury was sworn in for the murder trial. Maughan also pleaded not guilty to assaulting Declan O'Dea at the same address and date. Detective Garda Brendan Rouine testified that he saw a man with two stab wounds to the chest and that O'Dea was injured in the leg, face and head. He described the accused as "known to drink a lot" and recounted that Maughan claimed he was angry because he could not enter the apartment, that he had lifted his brother to gain entry, and that he stabbed Nowakowski twice after the victim emerged.

2014-10-29 · Dublin

Evidence of surveillance gardai in murder trial not to be published by order of non-jury court

In a Special Criminal Court hearing on 29 October 2014, two surveillance gardaí—identified only as Garda C and Garda F—gave evidence in the murder trial of three men charged with the killing of dissident republican Peter Butterly. The court ordered that neither the identities nor the evidence of eleven gardaí from the National Surveillance Unit be published, citing concerns that disclosure could compromise future surveillance operations and the unit's methodology. The trial involves Dean Evans (24), Edward McGrath (33), and Sharif Kelly (44), all of whom pleaded not guilty to Butterly's murder, a 35‑year‑old who was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The court also heard that a Toyota Corolla entered the car park shortly before the shooting and that a tracking device was sought for the vehicle. The case was set to continue before Ms Justice Deirdre Murphy, Ms Justice Margaret Heneghan and Judge Cormac Dunne.

2014-10-29 · Cork

Cork man who sexually abused his younger sister sentenced to five years

A 36‑year‑old man from Cork was sentenced to five years in prison for sexually assaulting his younger sister between 1991 and 1997. The Central Criminal Court, sitting in Cork, found him guilty of 23 counts of sexual assault after a trial in July. The abuse began when the accused was 14 and his sister 10, continuing until he was 20 and she was 16. Mr Justice Paul Carney described the offences as grave, noted the victim's impact, the multiplicity of acts and the victim's age, and imposed a five‑year term. He suspended the final year, citing the man's lack of prior convictions, good employment history and youth, and ordered him to stay away from the victim permanently, except with her consent. The judge also imposed 18 months of post‑release supervision. The accused, who has learning difficulties, has been in custody since conviction.

2014-10-28 · Clare

Clare murder accused told gardai he went 'berserk'

Michael Maughan, aged 40, pleaded not guilty to murder but guilty to manslaughter of Piotr Nowakowski, 31, at Sandfield Mews, Ennis, on 23 July 2013. He also pleaded not guilty to assaulting Declan O'Dea at the same address. In Garda interviews, Maughan admitted stabbing Nowakowski twice, kicking him in the head after paramedics arrived, and claimed he had no control, saying he "just went berserk" after seeing a knife. He denied intent to kill, stating he thought Nowakowski was drunk. Cross‑examination of Maughan by Garda Stephen Hession echoed this, describing the incident as "total madness" with no excuse. Margaret Nihill, Maughan's former girlfriend, testified about their relationship and his alcohol consumption that night. Deputy State Pathologist Dr Michael Curtis reported that Nowakowski died from stab wounds to the chest, lung and liver, plus blunt force trauma to the head, with a blood alcohol level of 415 mg per cent.

2014-10-28 · Dublin

Man who left elderly priest with fractured skull after attacking him in his home remains on bail

In October 2013, Shane Cooney, aged 24, attacked Father Diarmuid Byrne, 70, in the priest's Rialto home with an iron bar, leaving him with a fractured skull and numerous facial wounds that required 26 stitches. Gardaí found blood‑stained iron bar and other items near the house after neighbours reported a disturbance. Cooney was arrested in an intoxicated state, pleaded guilty to burglary and assault, and was remanded on bail pending sentence. Judge Mary Ellen Ring set conditions for his bail, including residence at Tiglin, Wicklow, where he is to continue a 16‑month residential drug treatment programme. The case was adjourned to December to monitor his progress. The priest, who had been living alone, was initially confused and covered in blood when gardaí arrived at 1.30 a.m., and the house was ransacked but no items were taken. The court received a victim impact report and a medical report, though they were not read out.

2014-10-28 · Dublin

Public excluded from court as first surveillance gardai give evidence in Peter Butterly murder trial

In a Special Criminal Court hearing on 28 October 2014, four surveillance gardaí gave evidence in the murder trial of Peter Butterly, a 35‑year‑old dissident republican shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The defendants – Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44) – pleaded not guilty to the murder and to firearm offences committed at the same address and date. A fourth man, David Cullen (30), had earlier turned State witness. The court excluded the public to protect the methodology of the National Surveillance Unit (NSU) officers, who were identified only as Garda A, Garda E, Garda H and Garda W. The judges ordered that the officers' names be withheld from publication and that none of their evidence be published. The trial continued the next day with the same panel of judges. The case remains in the non‑jury court.

2014-10-24 · Louth

Bailsman loses €10,000 over murder accused who absconded during trial

Paul Callan, a Louth businessman, had posted a €20,000 surety for Vesel Jahiri, a 33‑year‑old from Kosovo, who was charged with murdering Anna Finnegan, 25, in Dublin in 2012. Callan allowed Jahiri to live with him and believed the bail would secure his appearance at the Central Criminal Court. Jahiri failed to attend the final days of his trial, breaking bail and prompting a bench warrant. The State sought forfeiture of the €5,000 Callan had lodged, with the remainder frozen until the warrant could be executed. Callan, representing himself, admitted he had been naive, trusting Jahiri based on a long friendship and prior credit arrangements. Judge Paul McDermott granted Callan a 50 % refund, returning €10,000, acknowledging his difficulties as a bailsperson and his good faith efforts. The case ended with the bail forfeiture and no further court action against Callan. Vesel Jahiri pleaded not guilty.

2014-10-24 · Clare

Paramedic witnessed deceased being kicked in the head, murder trial hears

During a murder trial, a paramedic testified that he saw the deceased, Piotr Nowakowski, being kicked in the head. The accused, Michael Maughan, 40, pleaded not guilty to murder but guilty to manslaughter. The paramedic, Ralph O'Neill, arrived at 1:05 am after a call about a stabbing at Sandfield Mews. He described a scene where several men were present, the victim lying on the floor with multiple wounds, and a third man repeatedly kicking him. Maughan's brother, Darren, and the third man were also present. The paramedics left the scene at 1:57 am, hoping to transport the patient by helicopter, but he died at Shannon Airport. The trial continues with a jury hearing the case.

2014-10-24 · Dublin

Student on way home from school saw gunman, Peter Butterly murder trial hears

In a trial before the Special Criminal Court, three men—Dean Evans (24), Edward McGrath (33) and Sharif Kelly (44)—were charged with the murder of dissident republican Peter Butterly (35), who was shot dead in the car park of the Huntsman Inn, Gormanston, Co. Meath, on 6 March 2013. The defendants pleaded not guilty to the murder charge and to firearm offences at the same address. A fourth man, David Cullen (30), had earlier turned State witness against his co‑accused. 18‑year‑old Sean Brennan, a sixth‑year secondary school student, testified that he was waiting for a bus opposite the Inn when he heard a noise, saw a man with a gun, and heard two to three shots. He described the gun as in the man's right hand and the shots as sharp and quick.

2014-10-24 · Dublin

Man lost temper and shot work colleague in the buttock

Anton Zefaj, an Albanian national living in Ireland under a false name, shot mechanic Stankislaw Bognal six times during a dispute over truck maintenance at National Recycling in Clondalkin on 7 August 2012. One bullet struck Bognal in the buttock; the other five missed. Bognal was left fearful and paranoid, treated at James Connolly Memorial Hospital, and reported ongoing sleep disturbances and fear of his life. Zefaj, 34, was found guilty at Dublin Circuit Criminal Court of possessing a firearm with intent to endanger life, possessing a firearm in suspicious circumstances, and assault causing harm. He denied the shooting, claimed Bognal had shot himself, and offered €4,000 compensation. Sentencing was adjourned to next month pending a Governor's report after Zefaj, while in custody, broke a television and offered to pay for the damage.

2014-10-24 · Dublin

Suspended sentence for pharmacist in teacup ear slashing

In a Dublin Circuit Criminal Court case, 32‑year‑old Fergus Gallagher pleaded guilty to assault causing harm after slashing the ear of Italian rugby fan Andrea Muggetti with a teacup on 25 February 2012 at Sinnott's Pub. Muggetti required 45 stitches and suffered lasting disfigurement and pain, with a medical report indicating reduced eye closure and ongoing ear pain. Muggetti's financial loss was assessed at €20,491. Gallagher, who had four prior convictions, was ordered to pay €15,000 in instalments to Muggetti and to surrender the €10,000 he had previously paid as a token of remorse. He received a three‑year suspended sentence and was remanded in custody pending further proceedings. The court noted Gallagher's admission of intoxication, depression, and his subsequent participation in Alcoholics Anonymous.

2014-10-24 · Offaly

Community Service for man who told garda he would "bite her face off" and slammed her in to shop front

An Offaly man was sentenced to 240 hours community service at Dublin Circuit Criminal Court following his conviction for assaulting a garda in Tullamore on 12 March 2012. Enda Carroll, aged 23, of The Willows, Mucklagh, was found guilty of assault causing harm, resisting a peace officer, and two public order offences. The court heard that during a public order incident on William Street, Carroll refused gardaí directions and made threats toward Garda Lucy McLoughlin before attacking her. He subsequently picked her up by the leg and slammed her against a shop front, causing a tear to her hip joint and cartilage damage to her knee. The garda required two operations and was absent from duty for 18 months. Judge Carmel Stewart imposed the community service order in lieu of a two-year prison sentence, noting Carroll's written apology and engagement in training to improve his employment prospects. She warned that non-compliance with probation directions would result in activation of the custodial sentence.