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2014-10-23 · Dublin

Louth man to be sentenced for violent disorder

Clifford Whitehouse, 39, of Knockbrack Downs, Drogheda, pleaded guilty to violent disorder at Chapel Street, Balbriggan, on 11 November 2013. He will be sentenced at the Dublin Circuit Criminal Court on 24 February 2015, when the full facts will be heard.

2014-10-23 · Clare

Clare man goes on trial for murder

A 40‑year‑old man, Michael Maughan, has gone on trial at the Central Criminal Court for the death of Piotr Nowakowski, 31, who was stabbed in Sandfield Mews, Ennis, on 23 July 2013. Maughan pleaded not guilty to murder but guilty to manslaughter, a plea the prosecution said was unacceptable. He also pleaded not guilty to assaulting Declan O'Dea at the same address on the same date. The court heard that Maughan and his brother Darren entered the building early that morning, where three men – Nowakowski, O'Dea and a man called 'Magic' – were sleeping. Maughan allegedly stabbed Nowakowski with a kitchen knife, causing death. Testimony from witnesses, including Alan O'Neill and Garda John Moore, described the disturbance and the subsequent arrest. The Deputy State Pathologist, Dr Michael Curtis, confirmed the cause of death as stab wounds to the trunk with contributing blunt force trauma to the head. The case is now before the jury.

2014-10-23 · Dublin

"Technical glitch" delays murder trial ruling

Three judges of the Special Criminal Court admitted that a technical glitch of their own making has delayed the delivery of a ruling in the murder trial of Peter Butterly. The court, presided over by Ms Justice Deirdre Murphy, Ms Justice Margaret Heneghan and Judge Cormac Dunne, will hear from its first witness tomorrow. The case involves three men—Edward McGrath (33), Dean Evans (24) and Sharif Kelly (44)—who have pleaded not guilty to the murder of Butterly, who was shot dead in the car park of the Huntsman Inn on 6 March 2013. A fourth man, David Cullen (30), turned State witness. The court has ordered that members of the public be excluded while eleven National Surveillance Unit officers give evidence, and that none of the officers' evidence be published to protect their methodology.

2014-10-23 · Dublin

"Largest facilitator of child porn in the world" refused stay on extradition proceedings

The High Court refused to stay the extradition proceedings of Eric Eoin Marques, a 28‑year‑old Irishman accused in the United States of conspiring to distribute and advertise child pornography and of advertising and distributing child pornography. Marques is alleged to be the owner and administrator of the anonymous hosting site Freedom Hosting, which hosts over 100 sites containing extremely violent images of pre‑pubescent children. He has been in custody since his arrest in August and was denied bail because he was considered a flight risk and a potential threat to evidence. The court rejected his application to challenge the Director of Public Prosecutions' decision not to prosecute him and to seek a stay of the extradition until a judicial review could be heard. Marques remains remanded until 24 November, while the extradition case is adjourned for a few weeks to allow his legal team to pursue a Supreme Court application.

2014-10-22 · Dublin

Man involved in violent pub brawl and handling stolen motorbikes gets community service

Anthony Harte, 24, of Inchicore, pleaded guilty at Dublin Circuit Criminal Court to violent disorder at Morrisey's Pub in January 2013 and handling three stolen motorbikes in February 2012. Judge Mary Ellen Ring, who had previously adjourned sentencing to assess his suitability for community service, accepted a favourable probation report. She sentenced Harte to two years in prison but ordered him to carry out 220 hours of community service in lieu of custody, to be completed within one year. Richard O'Reilly, 29, also pleaded guilty to handling stolen goods during the same 2012 incident. Judge Ring ordered him to perform 160 hours of community service in lieu of a two-year prison term. Darren Foster, 35, who pleaded guilty to the same handling offence, received a two-year suspended sentence from Judge Ring last July. The court heard that Harte and Foster collected the bikes from a dealership, while O'Reilly assisted with the van. Prosecution evidence alleged Harte punched and kicked a victim during the pub altercation, though the victim and pub manager refused to make formal complaints. Defence counsel noted Harte had ceased drug use and that his prior convictions were for minor offences.

2014-10-22 · Meath

First witness to give evidence in Butterly murder trial tomorrow after 14 days of pre-trial applications

The Special Criminal Court will hear the first witness in the trial of three Dublin men charged with the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The accused – Edward McGrath (33), Dean Evans (24) and Sharif Kelly (44) – have pleaded not guilty to the murder and to firearm offences at the same address. A fourth man, David Cullen (30), who was part of the murder plan, turned State witness earlier this year. The court has heard that Butterly was lured to the car park by an unknown man, a Toyota Corolla entered the premises, and shots were fired at Butterly's vehicle and when he tried to flee. Gardaí used a tracking device on the vehicle, a first in State history. The court also dealt with pre‑trial applications, the transformation of Cullen into a prosecution witness, and the protection of surveillance evidence.

2014-10-22 · Dublin

Nurse who murdered her mother on Christmas Eve jailed for life

A 36‑year‑old nurse, Greta Dudko, was sentenced to life imprisonment for the murder of her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010. Dudko admitted striking her mother's head against a wall and then hitting her twice with a glass bottle, resulting in blunt‑force trauma. The trial, held at the Central Criminal Court, noted Dudko's alcohol problem and medication use, her suspension from nursing due to intoxication, and the recent move of her family from the shared home. She claimed lack of intent because of intoxication and invoked provocation, citing her mother's alleged threats to take her grandson back to Lithuania. The jury, after four and a half hours of deliberation, returned a majority verdict of 11‑to‑1, finding her guilty of murder. The life sentence is back‑dated to her September 2011 arrest. The case was the second jury hearing after a hung jury the previous year.

2014-10-22 · Dublin

Man charged with 50 counts of sexual offences against two young girls expected to indicate how he will plead in December

A 51-year-old man charged with 50 counts of sexual offences against two young girls appeared at Dublin Circuit Criminal Court following his committal from the District Court. The allegations relate to incidents alleged to have occurred between 2007 and 2011 at locations in Dublin and Donegal. The charges comprise 40 counts of child exploitation, three counts of sexual assault, and seven counts of defilement of a child under 17 years of age. The prosecution indicated that additional documentation from the Director of Public Prosecutions was still being gathered and would require a further four to six weeks to obtain. The defence indicated they had received substantial disclosure material the previous month. Judge Mary Ellen Ring adjourned the matter to 9 December 2014, when the defendant is expected to indicate his plea.

2014-10-21 · Meath

Peter Butterly murder trial "first case in the history of the State" to mention tracking device

The Special Criminal Court heard the trial of three Dublin men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—charged with the murder of dissident republican Peter Butterly (35) on 6 March 2013. Butterly was lured to the Huntsman Inn car park, where a Toyota Corolla entered and shots were fired at his vehicle and again when he tried to flee. The men pleaded not guilty to the murder and to firearm offences. The court also considered the use of a tracking device on the Corolla, the first time such a device has been mentioned in a State case. A senior Garda explained the device's deployment was protected to safeguard investigative methods from potential misuse by the IRA or other hostile groups. The court will rule on the disclosure of redacted surveillance material tomorrow. The hearing is set to continue with Judges Margaret Heneghan and Cormac Dunne presiding under Justice Deirdre Murphy.

2014-10-21 · Laois

Laois man who raped and sexually assaulted his step-daughter sentenced to 14 years

Noel Maher, aged 42, was sentenced to 14 years in prison for raping and sexually assaulting his step‑daughter Amy Kenna over an eight‑year period. The abuse began when Kenna was ten and escalated to rape when she was thirteen, continuing until 2009. A seven‑day trial in July found Maher guilty of three counts of sexual assault between 2001 and 2007 and 34 counts of rape between 2005 and 2009, all at various locations in County Laois. The judge, Justice Garrett Sheehan, noted the victim's suffering and praised her courage, imposing a 14‑year sentence with the last two years suspended on the condition that Maher participate in a sex‑offender programme while incarcerated. The case highlighted the persistent, threatening nature of the abuse and the victim's ongoing recovery efforts.

2014-10-21 · Dublin

Man who lead gardai on high speed Dublin city centre chase allowed out on bail for drug treatment

Leonard Dumbrell, 26, from Wexford, led Gardaí on a high‑speed chase through Dublin's city centre after stealing a car in Ballsbridge. He drove the vehicle at speed, up the wrong way on one‑way streets, and crashed it at Temple Bar Square. The court heard he nearly knocked over pedestrians on O'Connell Bridge while evading police. Dumbrell pleaded guilty to car theft in Dublin 4 and two counts of dangerous driving in Dublin city centre on 2 January 2013. He has 108 prior convictions, including car thefts, assaulting a Garda and violent disorder. Judge Mary Ellen Ring remanded him in custody until sentencing but granted bail to attend an eight‑week residential drug treatment programme, with a four‑week after‑care programme to follow. The court warned that any breach of the bail bond would result in remand in prison. The case highlights the Gardaí's pursuit of a repeat offender with a serious drug problem.

2014-10-21 · Dublin

Barrister tells jury that nurse accuse of murdering her mother lacked the necessary intent

The trial of Greta Dudko, a 36-year-old nurse accused of killing her mother, Anna Butautiene, in their Dublin home on Christmas Eve 2010, is ongoing at the Central Criminal Court. Ms. Dudko has pleaded guilty to the manslaughter of the 55-year-old but maintains a not guilty plea to her murder. During closing submissions, defence counsel Caroline Biggs SC argued that the accused lacked the specific intent required for murder due to severe intoxication and the paradoxical effects of her medications. She urged the jury to consider this partial defence or, alternatively, provocation, citing the accused's claim that the incident was spontaneous. Prosecuting counsel Pauline Walley SC countered that the scene, described as a 'silent witness,' showed no signs of a struggle, such as scuff marks or overturned furniture. Mr Justice Paul Carney instructed the jury that their verdict options were guilty of murder or not guilty of murder but guilty of manslaughter. After deliberating for more than two hours, the jury has not reached a decision. The matter was adjourned, with the jury scheduled to resume deliberations the following morning.

2014-10-21 · Dublin

Judge expresses surprise DPP consented to summary disposal of "savage assault" case

In a case heard at Swords District Court, 36‑year‑old Jacek Nawara was sentenced to six months' imprisonment for a savage assault on his housemate on Christmas Day 2012. Nawara punched the victim in the face, then sat on her and banged her head off the ground, leaving her with a suspected brain injury. The victim incurred medical bills of €450 and lost earnings of €2,800. Nawara had offered €3,000 to reimburse loss of earnings but the court deemed it a reimbursement, not compensation. He was required to pay an additional €5,000 for pain and trauma, which he could not afford. Judge Dermot Dempsey expressed surprise that the Director of Public Prosecution had consented to summary disposal, noting the seriousness of the assault. The sentence was handed down with recognisance pending appeal. Jacek Nawara pleaded guilty.

2014-10-20 · Ireland

Pensioner jailed for sex assault refused bail pending appeal

A 68‑year‑old man, Pat O'Malley, was convicted of sexual assault and sentenced to five years' imprisonment. He has appealed on the basis that the trial judge failed to protect his right to silence. The appeal argues that the prosecution's key witness and first complainant made "unwarranted and inappropriate comments" to jurors during the trial. Mr O'Malley's counsel, Patrick McGrath SC, contended that the witness's statements about the victim running to the accused were incorrect and that the judge should have discharged the jury immediately. The DPP's counsel, Paul Murray BL, countered that the witness's testimony was detailed and that the comments were specific to a particular question. The Court of Criminal Appeal refused bail pending the appeal, noting the importance of the accused's right to silence but finding the argument insufficient. The court also recommended an early hearing date due to Mr O'Malley's age and medical difficulties.

2014-10-20 · Dublin

Prosecutor tells jury "most people who commit murder are ordinary people like you and me"

The trial of Greta Dudko, a 36-year-old nurse, is ongoing at the Central Criminal Court. Dudko has pleaded guilty to the manslaughter of her mother, 55-year-old Anna Butautiene, but pleaded not guilty to her murder at their Clonsilla home on December 24, 2010. The prosecution, led by Pauline Walley SC, argued that the accused possessed the necessary intent for murder, describing her as an ordinary person who made bad decisions. Ms. Walley highlighted evidence suggesting the accused wanted her mother "exterminated from her life," citing the destruction of the deceased's phone, passport, and glasses. She noted the absence of scuff marks on the wall, challenging the accused's account of a physical struggle. The court heard that Butautiene died of blunt force trauma to the head. The defence, represented by Caroline Biggs SC, has begun her closing speech. The matter was adjourned, with the defence continuing its address before Mr Justice Paul Carney and the jury on Tuesday morning.

2014-10-20 · Dublin

Criminal who rioted during Queen's visit avoids jail

Mark Griffin, 26, of North Strand Road, was part of a violent protest during Queen Elizabeth's visit to the Garden of Remembrance in Parnell Square. He threw rocks, glass bottles, a bike and pushed a burning bin at riot police and a riot van. Griffin pleaded guilty to violent disorder on Dorset Street Upper on 17 May 2011 and had 71 prior convictions. Judge Mary Ellen Ring suspended a two‑and‑a‑half‑year prison sentence on the condition that he keeps the peace for that period. The court noted that a crowd of up to 150 people had gathered at the Spire on O'Connell Street, moved to Moore Street and then to Parnell Square, where they threw missiles at gardaí. Three riot vans were called in to control the crowd. Griffin admitted taking part in the riot "because everyone else was" and claimed he had also thrown a bike at a van.

2014-10-20 · Meath

Father-of-seven who handed himself in to gardai after mugging sentenced to four years

Thomas Stokes, 32, a father of seven, was sentenced to four years in prison for a series of robberies committed while under the influence of a head shop drug. He admitted to robbing Austrian tourist Elzbieta Steplewski (55) in Clonee on 2 July 2013, and to robbing Lea Giannone (51) and driving under the influence at the Regency Hotel in Whitehall on 29 July 2013. Stokes also stole from a Maxol Service Station on 2 July 2013. He pleaded guilty at Dublin Circuit Criminal Court, where Judge Martin Nolan imposed a consecutive term of four years, suspending the final two years on strict conditions. The court noted Stokes had 14 prior convictions for traffic offences and had no violent convictions since July. The sentencing followed his confession to the Gardaí and the testimony of witnesses who tracked his getaway car and provided vehicle registration details.

2014-10-20 · Ireland

Trial date set for Italian man accused of murdering Tom O'Gorman

A 34‑year‑old Italian man, Saverio Bellante of Palermo, has been charged with the murder of Tom O'Gorman at Beech Park Avenue, Castleknock, between 11 and 12 January. His trial has been scheduled for 14 December, with counsel Sean Guerin SC stating it should last less than a week. Bellante was absent when the date was set.

2014-10-17 · Dublin

Garda denies he "over-egged" injuries in trial of soldier accused of assault

During the trial of Naoise O'Conarain, a 22‑year‑old accused of assaulting four Gardaí on 3 March 2013, Garda Fiachra Molloy denied that he had "over‑egged" injuries sustained while arresting the suspect. Defence counsel Michael O'Higgins SC read a doctor's report stating that, apart from a sore thumb, the rest of Molloy's examination was normal and that he had received painkillers upon discharge from hospital. O'Higgins also highlighted that Molloy had not discussed the case with colleagues after the incident. The trial, presided over by Judge Patrick McCartan with a jury of four women and eight men, continues with the accused pleading not guilty to the assault charges. The article reports only the Garda's denial and the procedural context of the trial.

2014-10-17 · Dublin

Man who threatened to slit former partner's throat jailed for three years and ordered to stay away for 20 years

Paul O'Shea, aged 26, was sentenced at Dublin Circuit Criminal Court to five years' imprisonment, with the final two years suspended, for threatening to kill former partner Louise Jackson and her colleague Stephen Preston on 2 January 2013 at Owensilla, Ballymun. He was also ordered to stay away from both victims for 20 years. O'Shea pleaded guilty and had 48 prior convictions, including indecent telephone messages, assault, robbery, theft and burglary. He was addicted to drugs at the time of the offences. The sentence runs consecutively to a two‑and‑a‑half‑year term he is currently serving for sexually assaulting a female student nurse. O'Shea had been in a relationship with Jackson for six years and they have a child. Jackson had broken up with him after he was charged with sexual assault. She had tried to leave his house but he threatened to "punch the head off her" and later to "slit her throat" with a knife.

2014-10-17 · Dublin

Former CIE bus driver pleads guilty in international drug importation trial

Sunny Idah, a former CIE bus driver, pleaded guilty at Dublin Circuit Criminal Court to soliciting another person to unlawfully import cocaine between September 14 and 19, 2010. The plea was entered a week after his trial commenced. Judge Catherine Murphy remanded Idah in custody for sentencing in December. Prosecutors alleged that Idah, using the alias Mr T, recruited two undercover gardaí posing as Polish nationals to swallow one kilogram of cocaine each in Brazil and smuggle it to Ireland. He offered each €5,000 for the transport of drugs with an estimated street value of €140,000. Idah was arrested the day the men were scheduled to depart. Idah had previously been sentenced to 13 years imprisonment for this and another drug trafficking offence, but that conviction was overturned by the Court of Criminal Appeal due to issues with the authorisation of secret recordings. Defence counsel Noel McCarthy SC noted Idah's remorse and lack of violent history, stating he had been in custody for four years. The matter was adjourned for sentencing in December.

2014-10-17 · Dublin

Belfast sex offender who bit security guard to be sentenced for assault

Michael Jones, a 30‑year‑old Belfast sex offender, was sentenced in Dublin for assaulting a security guard, James Bowe, at the Powerscourt Shopping Centre on 26 June 2010. Jones, who was intoxicated, entered the closed centre through an open goods delivery entrance, confronted Bowe, and pulled him to the ground. He struck Bowe's head, kicked and pummelled him, bit Bowe's index finger bone and palm, causing a fractured neck bone and bleeding. A jury convicted Jones in July 2010. Judge Desmond Hogan heard the case and remanded Jones in custody for sentencing next month. Garda Shane Moriarty noted Jones's prior 2007 conviction for indecent assault, a two‑and‑a‑half‑year prison term, and a suspended sentence that was breached in 2010 when he left Northern Ireland for Kildare. Jones has further convictions for theft, assault and traffic offences, and was recently sentenced to two years in prison for a robbery in June 2010. Michael Jones pleaded not guilty.

2014-10-17 · Dublin

SCC gives reasons for excluding public from court while surveillance gardai give evidence in murder trial

The Special Criminal Court has outlined its reasons for excluding the public during testimony from National Surveillance Unit (NSU) gardaí in the ongoing trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the 2013 murder of Peter Butterly at the Huntsman Inn in Gormanston, Co Meath, face additional firearm charges. Presiding Judge Deirdre Murphy stated that the exclusion order protects the safety of surveillance officers and future state intelligence operations, noting that repeated public exposure of their physical characteristics could compromise their work. While the court permitted the defence to receive the officers' professional names and addresses, it restricted publication of their identities and NSU methodologies. In a separate ruling, the court allowed one minor witness to testify via video link but denied the request for two adult witnesses, citing legislative limits. The prosecution intends to call David Cullen, a former accused who turned state witness, as a key witness. The court ordered the disclosure of seized electronic devices containing keywords related to the case and confirmed whether Cullen was a garda informant, while refusing to disclose his psychiatric records or privileged legal advice. The trial continues on Tuesday before the non-jury court.

2014-10-17 · Dublin

Lithuanian grandmother died of blunt force trauma to the head, trial hears

In a Dublin trial, a 36‑year‑old nurse, Greta Dudko, pleaded guilty to the manslaughter of her 55‑year‑old mother, Anna Butautiene, who died on Christmas Eve 2010. Deputy State Pathologist Dr Michael Curtis testified that Butautiene's death was caused by blunt force trauma to the head, with five wounds from multiple blows, including a fractured skull. Dudko claimed she struck her mother's head against a wall twice and then struck her with a glass bottle. The jury heard that Dudko had been a reliable nurse at New Park Care Centre until December 2010, when she left work early citing a winter vomiting bug, later admitted to taking Tramadol. She was suspended for three months and advised to seek GP treatment. The trial, presided over by Mr Justice Paul Carney, will continue on Monday with a jury of seven men and five women.

2014-10-16 · Dublin

Jury shown photographs of woman killed by her daughter

In a 2014 murder trial, a jury in the Central Criminal Court saw photographs of the body of Anna Butautiene, a 55‑year‑old Lithuanian mother, who was killed by her daughter, 36‑year‑old nurse Greta Dudko, on Christmas Eve 2010. Detective Sergeant Paul Curran testified that he photographed the remains in the bed, noting the deceased's hands over her chest, redness on her head, blood, and smearing on the wall. He also photographed burnt passport fragments found in a rubbish bin. An exhibits officer showed the charred remains to each juror. Dr Haroon Khan examined Dudko at Blanchardstown Garda Station after 10 pm, noting she was not under the influence of alcohol at that time, though a later blood sample showed a level of 151 mg, equivalent to about six glasses of vodka. Dudko had been taking several medications that could interact with alcohol. Greta Dudko pleaded guilty.

2014-10-16 · Cork

Convicted murderer will not serve extra time for assault on prison guard

John Douglas, a 30‑year‑old convicted murderer, was sentenced to life in prison in July 2012 for the shooting death of a father‑of‑one in a parked car. In a separate incident, he pleaded guilty to assault causing harm to a prison officer at Mountjoy Prison on 26 August 2008. Judge Martin Nolan ruled that a life sentence cannot be extended by an additional term, following a Supreme Court decision. Consequently, Douglas will not serve extra time beyond his life sentence. Instead, Nolan imposed an 18‑month sentence that will run concurrently with the life term, beginning immediately. Douglas, who has 95 prior convictions including a dangerous driving conviction that caused death, was hired to kill 31‑year‑old Aidan Byrne, a front‑seat passenger in a car driven by another man.

2014-10-16 · Dublin

Student who assaulted nightclub doorman ordered to pay compensation

In October 2014 a Laois man, Conor Moonen, aged 20, was ordered to pay €9,000 to Paul McNevin, a doorman at the Academy nightclub on Abbey Street, Dublin. Moonen, a DCU student at the time, and his group were denied entry to the nightclub. After being told to wait in the back of the queue, they were again denied entry. Moonen struck the doorman, fracturing a facial bone and dislocating an eye socket. McNevin later said he was lucky to avoid more serious injuries and that the assault forced him to give up door work, costing him €10,000. Moonen pleaded guilty to assault causing harm at the Dublin Circuit Criminal Court on 20 January 2013. Judge Martin Nolan imposed a two‑year suspended sentence, with the condition that Moonen pay the compensation, and declined a jail term due to his lack of prior convictions.

2014-10-16 · Meath

Public to be excluded from court while surveillance gardaí give evidence in murder trial

The Special Criminal Court has directed that the public be excluded from the courtroom while National Surveillance Unit gardaí give evidence in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly, shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013, face additional firearm charges. The court ruled that the officers' professional names and addresses must be provided to the defence but restricted from publication, balancing safety concerns with the right to a fair trial. The prosecution intends to call David Cullen, who pleaded guilty to the unlawful possession of a 9mm Beretta pistol at the same location and date, and was sentenced to three-and-a-half years in prison in July. The court ordered the disclosure of certain records regarding Cullen's credibility, including confirmation on whether he was a garda informant and PULSE records, while refusing to disclose his psychiatric records. Access to a seized laptop was granted to a defence expert. The court deemed an application to disclose legal notes between Cullen and his lawyers premature. The full trial hearing is expected to commence on Tuesday before Judges Heneghan, Dunne, and Murphy.

2014-10-15 · Meath

Right to life of witnesses must be taken in to account, non-jury court hears

The Special Criminal Court, a non‑jury court, is set to decide on several legal matters in the trial of three men—Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43)—who have pleaded not guilty to the murder of Peter Butterly (35). Butterly was shot dead in the car park of the Huntsman Inn, Gormanston, on 6 March 2013. The defendants also face firearm charges. The court will consider the State's request to allow surveillance officers to give evidence anonymously, citing a 1996 law that permits such testimony when public interest and safety warrant it. The prosecution seeks to erect a screen between surveillance officers and the public to protect the witnesses' identities. The case also involves forensic evidence, firearm residue, DNA, and testimony from David Cullen (30), who was previously jailed for unlawful possession of a pistol and whose role in the murder plan is contested. The court will rule on these matters tomorrow.

2014-10-14 · Meath

Ruling to allow witnesses give evidence anonymously would be "extraordinary" and "departure from the common law", court told

The Special Criminal Court is hearing a prosecution application to allow nine National Surveillance Unit gardaí to give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three defendants, who have pleaded not guilty to the 2013 murder of Peter Butterly at the Huntsman Inn in Gormanston, Co Meath, face additional firearm charges. Prosecution counsel argued that the non-jury court's statutory powers permit witness protection to address safety concerns for the officers and their families, citing the court's mandate to control its own procedures. Defence counsel for Evans contended that the court lacks jurisdiction to grant anonymity, describing such a ruling as an extraordinary departure from common law and the right to know one's accuser. He noted that one witness, referred to as Garda A, had already been identified in statements in error. The presiding judge, Ms Justice Deirdre Murphy, highlighted the significant legal implications of setting aside the right to know the identity of an accuser. The court, consisting of Judges Margaret Heneghan and Cormac Dunne, is scheduled to deliver its ruling on the anonymity application tomorrow.

2014-10-14 · Dublin

"Largest facilitator of child porn in the world" to seek Supreme Court appeal of decision not to prosecute him here

Eric Eoin Marques, an Irishman alleged to be the owner of Freedom Hosting, is to seek a Supreme Court appeal regarding the Director of Public Prosecution's decision not to prosecute him in Ireland. Marques, who resides at Mountjoy Square in Dublin, is wanted by US authorities on charges including conspiring to distribute and advertise child pornography. He has been in custody since August last year after being refused bail due to flight risk concerns. In December, the extradition court noted the DPP declined to bring proceedings, despite a letter indicating Marques would plead guilty if charged locally. Last month, Mr Justice John Edwards refused Marques leave to challenge this decision via judicial review. The High Court heard today that his legal team will appeal to the Supreme Court. An application to stay extradition proceedings is scheduled for October 23. Mr Justice Edwards remanded Marques in custody until that date. US authorities describe him as the "largest facilitator of child porn in the world," alleging he hosted sites containing violent images of pre-pubescent children. FBI Special Agent Brooke Donahue made this description to the court. It was alleged that gardai found evidence on his computer of direct knowledge and administrator access to these sites. Marques is also alleged to have used a fraudulent US passport image to access foreign hosting companies. The court heard that if convicted, the four charges could result in a sentence totalling 100 years, potentially meaning the remainder of his natural life in prison.

2014-10-13 · Dublin

Charred passport of woman killed by daughter found in rubbish bin, jury hears

In a Dublin trial, a 36‑year‑old nurse, Greta Dudko, pleaded guilty to manslaughter but not guilty to murder for killing her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010. The jury heard that Dudko struck her mother twice with a glass bottle after pushing her against a wall in their duplex. Detective Garda Patrick Traynor presented evidence from a rubbish bin, including heavily‑bloodstained latex gloves and the charred remains of a Lithuanian passport in the mother's name. Dudko claimed the passport was her old one and denied intent to destroy it. A post‑mortem revealed more than the four head injuries she admitted. The trial, presided over by Mr Justice Paul Carney, continues before a jury of seven men and five women.

2014-10-13 · Cavan

Man who killed elderly bachelor in psychiatric unit jailed for eight years

A man has been sentenced to eight years imprisonment at the Central Criminal Court for the manslaughter of an elderly patient at a County Cavan psychiatric hospital. Ian Harman, aged 50, of Carrickallen near Cootehill, initially pleaded not guilty to murder in connection with the death of Michael Treanor, aged 82, at the Psychiatric Unit of Cavan General Hospital on 27 June 2011. During trial, Harman changed his plea to guilty of manslaughter on grounds of diminished responsibility under the Criminal Law Insanity Act. Mr Justice Garrett Sheehan imposed a ten-year sentence with the final two years suspended, backdated to 28 June 2011. The judge cited mitigating factors including Harman's guilty plea, remorse, cooperation with gardaí and psychiatric services, and his engagement in rehabilitation programmes while in custody. The court ordered post-release supervision for two years and participation in an integrated sentence management programme.

2014-10-10 · Meath

Court to rule next week on whether gardai can give evidence anonymously in murder trial

The Special Criminal Court will rule next week on whether nine National Surveillance Unit officers can give evidence anonymously in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men, who have pleaded not guilty to the murder of Peter Butterly and unlawful possession of a 9mm Beretta pistol at the Huntsman Inn in Gormanston, Co Meath, on March 6th, 2013, face a non-jury hearing. The DPP has applied to withhold the officers' identities and erect a screen to protect their physical characteristics, citing risks to their safety and the security of Garda operations. The prosecution intends to rely on forensic evidence and testimony from David Cullen, who pleaded guilty to unlawful possession of the same firearm and was jailed for three-and-a-half years in July. Cullen, described as part of the murder plan, alleges he was tasked with collecting the gun after the shooting. Defence counsel for McGrath, Evans, and Kelly have sought disclosures regarding Cullen's credibility, including his medical records, witness protection application, and legal notes. Presiding Judge Deirdre Murphy noted the significant interference with cross-examination rights inherent in the anonymity application. The court will deliver its ruling on Tuesday afternoon, when the case resumes before Judges Dunne and Heneghan.

2014-10-10 · Dublin

"You're not going to ruin my life anymore": Murder accused Nurse told gardai of row with mother

In a Central Criminal Court hearing, Greta Dudko, 36, admitted to striking her mother, Anna Butautiene, 55, with an empty glass bottle on Christmas Eve 2010, claiming she feared her mother would ruin her life. Dudko said the altercation began when her mother returned home to find her daughter had allowed her three‑year‑old son to stay with her husband, whom the family had left weeks earlier. Dudko described pushing her mother against a wall, then retrieving a bottle from the kitchen and striking her twice over the head while she lay in bed. She denied intent to kill, stating she only wanted her mother to leave. The case is proceeding before Mr Justice Paul Carney with a jury of seven men and five women. Greta Dudko pleaded guilty.

2014-10-10 · Clare

Bail money put up by father of body-in-suitcase suspect is forfeited

The High Court in Dublin ordered the forfeiture of €1,000 of the €3,000 bail paid by Edward Brunell for his son, Kenneth Brunell, a 27‑year‑old from Palmerstown. Kenneth was wanted by Dutch authorities for the 2009 murder of Keith Ennis, whose dismembered body was found in an Amsterdam canal. He had been arrested on extradition warrants issued in 2011 and was due to appear in court last week on a mutual assistance matter. Despite a mobile‑phone contact requirement, Kenneth failed to comply with bail conditions, having been found at an address in Finglas and having his phone powered off. The court, after hearing from Sergeant Seán Fallon, sanctioned the father for non‑compliance and remanded Kenneth in further custody. The case also involved other suspects, Barry McArdle and Philip County, who were sought by Dutch authorities.

2014-10-09 · Dublin

Trade Union gives undertakings to court over Lucan school picket

In October 2014 the High Court heard a case involving the trade union Unite and several of its members who had mounted a picket at a construction site in Lucan where JJ Rhatigan was building a new school. Rhatigan sought injunctions against Unite, two of its officials and other members, alleging that the picket had caused vehicles to be blocked, a lorry to be damaged, a senior employee to be assaulted and a bus driver to be racially abused. Two Unite members had also scaled a 200‑ft crane on the site, leading to its closure by Gardaí. Mr Justice Paul Gilligan accepted undertakings from the defendants not to trespass, intimidate, assault or damage property at Rhatigan sites, and to limit the number of picketers at each site. He also granted an injunction restraining anyone with knowledge of the orders from interfering with access to the sites.

2014-10-09 · Meath

Court set to rule on disclosure issue in Butterly trial

The Special Criminal Court is set to rule on a disclosure application in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013. McGrath and Evans also face firearm offences at the same address and date, while all three are charged with the unlawful possession of a 9mm Beretta pistol. The prosecution intends to rely on the testimony of David Cullen, who previously pleaded guilty to the unlawful possession of the same firearm and was jailed for three-and-a-half years. Cullen's plea was accepted by the DPP, resulting in a nolle prosequi on the murder count. Defence counsel have sought extensive disclosures regarding Cullen's credibility, including medical records, his witness protection application, and confirmation of whether he was a garda informant. The DPP described these requests as an attempt to impugn Cullen's character, while defence lawyers argued the disclosure process was unsatisfactory. The court will also rule on a DPP application to screen nine National Surveillance Unit gardaí to protect their identities. The matter was adjourned for the court's decision on these procedural issues.

2014-10-09 · Dublin

Mother told murder accused daughter she was a bad parent, trial hears

The Central Criminal Court heard the case of Greta Dudko, a 36‑year‑old nurse, charged with murdering her mother, Anna Butautiene, 55, on Christmas Eve 2010. Dudko admitted striking Anna with a bottle, killing her, but denied the murder at the address. She pleaded not guilty to murder and guilty to manslaughter, a plea rejected by the DPP. The court heard that Dudko had an alcohol problem, had been suspended from work, and had left her husband weeks before the killing. She had moved to Station Court Hall with her three‑year‑old son and her mother, who had come to Ireland to help care for the child. Dudko's estranged husband, Vitalij Dudko, testified that his wife's mother was a caring grandmother who would never leave their son with his wife when she was drinking. He said the mother accused them of being bad parents and threatened to take the child back to Lithuania.

2014-10-08 · Dublin

Nurse goes on trial charged with murdering her mother with a bottle

A 36‑year‑old Lithuanian nurse, Greta Dudko, went on trial at the Central Criminal Court on 8 October 2014. She is charged with murdering her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010 by striking her over the head with a bottle. Dudko has denied the murder but pleaded not guilty to murder and guilty to manslaughter, a plea rejected by the Director of Public Prosecutions. The trial began with testimony from her husband, Vitalij Dudko, who described the shock of learning of the death on Christmas Day and recounted the events of the night, including his wife's drunken state and the alleged altercation with her mother. Prosecutor Pauline Walley SC presented evidence that Dudko had been suspended from her nursing job weeks before the killing and that the family had moved to a duplex near Station Court Hall. The jury, presided over by Mr Justice Paul Carney, will decide Dudko's intent in the killing.

2014-10-08 · Meath

Former co-accused wanted "no more" to do with case, Butterly murder trial hears

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—pleaded not guilty to the murder of Peter Butterly (35), who was shot in the car park of the Huntsman Inn on 6 March 2013. The court heard that Butterly was lured to the car park by an unnamed man and that shots were fired from a Toyota Corolla. The prosecution will present forensic, firearm residue, DNA evidence and testimony from David Cullen (30), who was involved in the murder plan. Cullen, who had previously pleaded guilty to unlawful possession of a 9mm Beretta pistol, was jailed for three‑and‑a‑half years and later became a prosecution witness. He stated he wanted no more to do with the case and sought to separate himself from the accused.

2014-10-07 · Meath

Butterly murder trial hears of Witness Protection Programme conversation

In the Special Criminal Court, three men—Edward McGrath (32), Dean Evans (22), and Sharif Kelly (43)—remain not guilty on charges of murdering Peter Butterly (35) and related firearm offences. The court heard that a former co‑accused, now a prosecution witness, supplied Gardaí with information about a prior fatal shooting, events in Portlaoise Prison, and IRA structure. Witness protection liaison officer reported that David Cullen (30) offered testimony on 25 June, with a security discussion the next day. The Garda liaison explained that witnesses must commit to a new lifestyle and receive retraining. Senior Garda Thomas Maguire confirmed Cullen's willingness to give evidence on the Butterly shooting, other murders, prison happenings, and IRA structure. The court has yet to rule on privilege and screening applications. The case proceeds tomorrow before Judges Cormac Dunne and Margaret Heneghan, with Ms Justice Deirdre Murphy presiding.

2014-10-07 · Dublin

Frederick Thompson sues over prison transfer

Frederick "Freddie" Thompson, aged 33, has filed a High Court challenge against the Irish Prison Service's decision to transfer him from Cloverhill to Cork prison and to sanction him for alleged breaches of prison discipline while at Dublin prison. Thompson, who pleaded guilty to violent disorder at Morrissey's Pub in Cork on 7 January 2013, is awaiting sentencing on 2 February. His lawyers secured permission for judicial review of the transfer and disciplinary decisions. Thompson claims the punishment for an incident on 13 September in Cloverhill's visitor's area, where he says he was violently attacked by three other prisoners, was unfair. He was found guilty of indiscipline, placed in segregation, denied privileges, and subjected to 22.5 hours lock‑up per day. He was transferred to Cork on 30 September without explanation, and his family received no reasons from prison authorities. The case is set for a hearing in late November.

2014-10-07 · Carlow

Sanjeev Chada given two life sentences for murdering his sons

Sanjeev Chada, 44, of Co. Carlow, was sentenced at the Central Criminal Court to two mandatory life sentences for the murder of his sons, Eoghan (10) and Ruairi (5). The sentences, handed down by Mr Justice Paul Carney, run concurrently and were backdated to July 31, 2013. Chada pleaded guilty to murdering the boys in Skehanagh Lower, Ballintubber, Co. Mayo, on July 29, 2013, after their bodies were discovered in the boot of his crashed car. He admitted strangling them with a rope and causing blunt force trauma to Eoghan's head. The court heard that Chada had accumulated significant gambling debts and intended to kill his wife, Kathleen Chada, but spared her. Kathleen Chada delivered an emotional victim impact statement, describing the loss of her children. Defense counsel Brendan Grehan SC noted Chada's guilty plea and his current status on suicide watch at the Central Mental Hospital. The matter was finalized with the imposition of the life sentences.

2014-10-07 · Dublin

Woman to stand trial charged with murdering her mother on Christmas Eve

A 36‑year‑old Lithuanian woman, Greta Dudko, admitted killing her mother, Anna Butautiene, 55, on Christmas Eve 2010 at Station Court Hall, Clonsilla. She pleaded not guilty to murder but guilty to manslaughter, a plea rejected by the DPP. Mr Justice Paul Carney has sworn in a jury of seven men and five women. Her trial will start tomorrow and is expected to last up to three weeks.

2014-10-06 · Cavan

Elderly victim's family say legal system favoured the defendant

A man pleaded guilty to manslaughter following the death of an elderly patient at Cavan General Hospital's psychiatric unit in June 2011. Ian Harman, aged 50, from Cootehill, County Cavan, initially denied murdering Michael Treanor, aged 82, but accepted the lesser charge at the Central Criminal Court in July 2014 on grounds of diminished responsibility under the Criminal Law Insanity Act. The prosecution established that Harman used a belt and pillow to kill Mr Treanor, who suffered from dementia. The defence argued that abrupt withdrawal of anti-psychotic medication caused Harman to experience a mental disorder affecting his culpability. At a sentencing hearing in October 2014, the deceased's nephew delivered a victim impact statement expressing concern that the legal system had favoured the defendant. Justice Garrett Sheehan remanded Harman in custody pending sentencing. Ian Harman pleaded not guilty.

2014-10-03 · Meath

Court hears of murder co-accused's "transformation" in to prosecution witness

The Special Criminal Court heard evidence regarding the transformation of David Cullen from a co-accused to a prosecution witness in the trial of Edward McGrath, Dean Evans, and Sharif Kelly. The three men have pleaded not guilty to the murder of Peter Butterly, who was shot dead in the car park of the Huntsman Inn at Gormanston, Co Meath, on March 6th, 2013. McGrath and Evans also face firearm offences at the same address and date, to which they have pleaded not guilty. Cullen, who admitted to the unlawful possession of a 9mm Beretta pistol at the scene, pleaded guilty to that charge. In July, he was sentenced to three-and-a-half years in prison, with a nolle prosequi entered on the murder count. Detective Inspector Alf Martyn detailed how Cullen's solicitor contacted gardaí in June to propose immunity in exchange for information identifying the masterminds and those involved with the stolen car and gun. Cullen sought witness protection, financial maintenance, and relocation. The DPP approved engagement with Cullen on June 29. The court is currently considering an application by gardaí to erect a screen for nine National Surveillance Unit officers, citing risks to their safety and operational security. The three-judge panel will rule on this and other legal matters next week, with the case continuing in the non-jury court.

2014-10-02 · Meath

Butterly murder trial lawyers seek documents on former co-accused turned state's witness

Lawyers for three men charged with the murder of Peter Butterly, a 35‑year‑old dissident republican, have applied to the Special Criminal Court for disclosure of documents relating to former co‑accused David Cullen, who turned a state witness. The accused—Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43)—have pleaded not guilty to the murder and to firearm offences committed on 6 March 2013 at the Huntsman Inn car park. Cullen, who had pleaded guilty to unlawful possession of a 9mm Beretta pistol and was jailed for three‑and‑a‑half years, was later found not to be charged with murder. His medical records, psychiatric treatment history and notes with his lawyers are sought to assess his credibility. The court will decide on the disclosure applications tomorrow, with the case continuing before Judges Cormac Dunne, Margaret Heneghan and Justice Deirdre Murphy.

2014-10-01 · Meath

Court orders disclosure of surveillance documents in Butterly murder trial

In a Special Criminal Court hearing on 1 October 2014, the court considered an application by the Director of Public Prosecution to claim legal privilege over three documents relating to the surveillance of three men charged with the murder of Peter Butterly. The accused – Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43) – had pleaded not guilty to the murder and to firearm offences. The court heard that a Toyota Corolla entered the Huntsman Inn car park shortly after Butterly was lured there, and shots were fired, causing Butterly to fall. The prosecution's case relied on forensic, firearm residue, DNA evidence and testimony from David Cullen, who was described as part of the murder plan. During cross‑examination, a senior Garda admitted that one of the documents sought for privilege was relevant to the defence.

2014-09-30 · Meath

DPP asks court to erect screen between garda witnesses and general public in "extraordinary and unusual application"

In a Special Criminal Court case, the Director of Public Prosecutions has applied to erect a screen between the public and undercover Garda witnesses before they give evidence in the trial of three men charged with the murder of Peter Butterly. The application, made with the Garda Commissioner's knowledge, aims to protect the visual characteristics of nine National Surveillance Unit witnesses. The court will decide tomorrow. The case involves defendants Edward McGrath (32), Dean Evans (22) and Sharif Kelly (43), all pleading not guilty to the murder and related firearm offences. The prosecution's case relies on forensic, firearm residue, DNA evidence and testimony from David Cullen, who was involved in the planning and later pleaded guilty to unlawful possession of a Beretta pistol. Cullen was jailed for three‑and‑a‑half years, and a nolle prosequi was entered on the murder count.