A High Court judge has raised questions regarding whether alleged unexplained monies belonging to Eric Eoin Marques, referred to by the FBI as 'the largest facilitator of child porn in the world,' are the proceeds of crime. Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, is wanted by US authorities for charges relating to conspiring to distribute and advertise child pornography. The 28-year-old, residing at Mountjoy Square in central Dublin, has been in custody since his arrest in August last year. The charges against Marques relate to images on over a hundred 'anonymous websites' described as extremely violent and depicting the rape and torture of pre-pubescent children. Marques previously failed to obtain legal aid due to an 'unexplained six-figure sum' of money. In the High Court, Mr Justice John Edwards expressed concerns that these monies may be the proceeds of crime and questioned whether they could be used to fund Marques' legal representation. Counsel for Marques, Micheal P O'Higgins SC, stated that the State should conduct its own investigations into the unexplained monies. The case continues tomorrow.
In the Central Criminal Court, Jacky Lumi, 42, pleads not guilty to murdering Dutch national Kamal El Habsati, 31, on 1 December 2012. El Habsati was found in their Dublin flat with a knife in his heart and 21 stab wounds. Lumi, who had fled to Europe and later returned to Ireland, is defended by Patrick Marrinan SC, who urges the jury to convict him of manslaughter rather than murder. Marrinan argues that a temporary loss of control, provocation, and Lumi's martial‑arts training to seize the knife could reduce the charge. Prosecutor Caroline Biggs SC counters that Lumi set up the confrontation, disconnected the victim's internet, and that his actions show self‑control, supporting a murder conviction. Judge Patrick McCarthy has instructed a jury of seven men and five women to deliberate tomorrow.
In a Swords nightclub incident on 25 November 2012, Cillian Mahoney (22) was charged with assault causing harm to security staff Craig Hand and Igor Chachotail. Hand, supervising a 21st birthday party, reported that Mahoney, allegedly smashing glasses, became agitated, was restrained, and eventually punched Hand in the nose, causing a broken septum and requiring stitches. Chachotail claimed he was dragged down stairs by Mahoney, sustaining a broken coccyx. Pat Feeney, another bouncer, stated he saw "bottles, glasses and fists flying" but could not identify the combatants. Garda Laura Mahon noted Mahoney was unsteady, slurred, and claimed excessive vodka consumption, admitting he did not remember the night. Judge Dermot Dempsey, after reviewing evidence and CCTV, found Feeney's testimony unreliable and dismissed both assault charges against Mahoney. The case concluded with no convictions. Cillian Mahoney pleaded not guilty.
The Court of Criminal Appeal has reserved judgement on an appeal by Przemyslaw Jakubowski, 39, who was jailed for fifteen years for ambushing a woman in a Cork town public toilet and subjecting her to over half an hour of rape and sexual violence. Jakubowski, who had previously been convicted of attempted rape, was found guilty on eleven counts including rape, oral rape, anal rape, threats to kill, assault causing harm, sexual assault and false imprisonment, and not guilty on one count of oral rape. The appeal was based solely on the alleged invalidity of a search warrant used to introduce evidence from a search of Jakubowski's house. The Court of Criminal Appeal, presided over by Mr Justice Donal O'Donnell, has therefore reserved judgement.
In March 2014, Jonathan Dunne, aged 28, began an appeal against his life sentence for the murder of his friend Ian Kenny, aged 21, who died two years after being shot in the head on 4 July 2007. Dunne had previously pleaded guilty to an attempted murder charge and was serving a 12‑year term when the murder conviction was secured. The appeal focuses on causation, arguing that the trial judge erred by refusing a defence application concerning the medical treatment of Kenny after his admission to Beaumont Hospital in July 2009. Counsel Michael Bowman contends that Kenny was removed from a medical environment to a "quasi‑palliative" setting, and that this decision, made by third parties, should not be attributed to Dunne. The State's counsel, Denis Vaughan‑Buckley, maintains that the shooting was the legal cause of death and that the defence of duress was not applicable. Judge Donal O'Donnell will reserve judgment on the appeal.
Diane Ward, 45, of Charleville, pleaded guilty to manslaughter of her eight‑year‑old son on 3 September 2012. She was due to be sentenced at the Central Criminal Court on 24 March 2014, but the hearing was adjourned for two weeks. Prosecutor Timothy O'Leary said the status remained unchanged and requested an additional week before sentencing. Defender Mary Rose Gearty noted the case had already been adjourned several times. Justice Paul Carney set the new sentencing date for 7 April. Diane Ward pleaded not guilty.
TodaySimon McGinley, 30, of Connaughton Road, Sligo, appeared at the Central Criminal Court where a jury was sworn in for his trial. The defendant was arraigned and pleaded not guilty to the murder of Eugene Gillespie, 67, in County Sligo on September 22, 2012. However, he admitted to the manslaughter of Mr Gillespie. Additionally, McGinley pleaded guilty to the false imprisonment of Mr Gillespie and trespass to commit robbery at the victim's home in Old Market Street on September 19, 2012. Prosecuting counsel Sean Gillane SC stated that the manslaughter plea was not acceptable, leading to the swearing in of a jury comprising seven women and five men for a two-week trial. The matter is currently at the trial stage, with proceedings presided over by Mr Justice Garrett Sheehan. The trial was scheduled to begin the following day. No sentence or final disposal has been recorded in this report, as the case is proceeding to a full jury trial to determine the outcome of the contested murder charge.
Jacky Lumi, 42, stands trial at the Central Criminal Court for the murder of fellow Dutch national Kamal El Habsati, 31, who was found dead in their Dublin apartment on 1 December 2012 with a knife protruding from his chest. Lumi, who had previously fled to Europe and later returned to Ireland after surrendering in Rome, pleaded not guilty but admitted to being 100 per cent guilty during a police interview shown to the jury. He explained that a long‑term diagnosis of borderline personality disorder and depression, coupled with a history of burnout, had contributed to a confrontation over rent and bills. He claimed that a dispute over unpaid money led him to "snap," knock El Habsati to the floor, seize a knife, and stab him 21 times. The jury, presided over by Mr Justice Patrick McCarthy, must decide whether Lumi is guilty of murder or manslaughter.
Tadhg Costello, a 19-year-old from Monkstown, County Dublin, remains on bail pending an appeal after sentencing for the alleged attempted murder of Josh Leahy. Costello initially pleaded not guilty to the attempted murder, assault causing harm, and unlawful possession of a knife at Johnson's Court in Dublin city on May 31, 2012. However, he changed his plea to guilty for attempted murder during his Central Criminal Court trial last November, following a ruling that his garda interviews were admissible. The other two counts were taken into consideration. Mr Justice Paul Butler sentenced Costello to six years imprisonment, suspending the final three years. The judge deferred the committal order for three weeks to allow Costello to seek bail from the Court of Criminal Appeal. Costello must present himself to Dun Laoghaire Garda Station before midday on April 11. The defence intends to appeal at least the conviction. Mr Justice Butler noted the case was exceptional, citing Costello's lack of previous convictions and his status as a minor at the time of the offence. The judge described the attack as serious, noting Costello stabbed the victim six times with intent to kill but showed no immediate remorse. The victim, now 19, suffered a collapsed lung and continues to experience pain and nightmares. The matter was adjourned to allow the defence to consider the judgment and pursue the appeal.
Michael Anthony Balmer, 62, was sentenced to life imprisonment in 1984 for murdering a woman in Devon, England, on 28 July 1983. He was conditionally released on licence in March 2011, but the licence was revoked in March 2012 after he was found in Cork, where he was arrested by gardaí. Balmer's lawyers claim he has already served his life sentence, while the State argues that his surrender should be accepted to bring him to justice. The court considered whether the link between his original murder conviction and the present deprivation of liberty on public‑protection grounds was sufficient. Judge John Edwards noted that English punishment had ended and that continued detention for public protection was not acceptable under the Irish constitution. The case was adjourned until 6 May, with Balmer remanded in custody pending further proceedings.
Jacky Lumi, 42, pleaded not guilty to the murder of Kamal El Habsati, 31, in their Dublin flat on 1 December 2012. The victim was found in the bathroom with a knife in his chest after his employer reported him missing. Lumi claimed he was a 'psychopath' and that the 21 stab wounds inflicted were a 'massacre'. He said he could only recall stabbing the victim two or three times, but the court heard he had stabbed him 21 times. Lumi also admitted to fleeing across Europe, eventually surrendering in Rome, and described his emotional state and family reactions. The trial is ongoing before Mr Justice Patrick McCarthy and a jury, who must decide whether Lumi is guilty of murder or manslaughter. The article reports only the facts presented in the trial and does not state any outcome.
In a Dublin Special Criminal Court hearing, Vincent Banks, 46, pleaded not guilty to withholding information about the murder of prison officer David Black. The prosecution presented an Evening Herald newspaper dated 2 November 2012, found open to a story about Black's shooting, as evidence of "evidential significance." The paper was discovered in Banks' apartment during a search, alongside other newspapers. The prosecution argued that the newspaper's presence, open to the relevant article, suggested Banks' knowledge of the case. Banks' counsel, Michael P. O'Higgins, argued the newspaper was a thin thread, lacking proof of Banks' possession or fingerprints, and that other newspapers were also found. The court heard that Black, 52, was shot on the M1 near Lurgan on 1 November 2012, and that the murder was allegedly committed by occupants of a Toyota Camry registered 94 D 50997, purchased by Banks.
In December 2012, Dutch national Kamal El Habsati, aged 31, stabbed his flatmate Jacky Lumi to death in their Dublin apartment. El Habsati fled across Europe and later surrendered to police in Rome. He was repatriated to the Netherlands and banned from Italy for five years. The case is now before the Central Criminal Court, where El Habsati has pleaded not guilty to the murder. Detective Sergeant Patrick O'Toole testified that after discovering the body, he requested an Interpol alert for Lumi, who was in Rome. Lumi called to confirm the death and said El Habsati had admitted to stabbing him. The trial continues before Mr Justice Patrick McCarthy, with a jury of seven men and five women to decide the outcome.
The Special Criminal Court ruled that Vincent Banks' arrest on suspicion of IRA membership, linked to the murder of prison officer David Black, was unlawful. Banks, 46, pleaded not guilty to withholding information about the murder. A voir dire examined the legality of his detention, the arrest, and searches of his Smithfield apartment and a Finglas address. The defence argued that Banks' December 18, 2012 arrest for IRA membership violated Section 30(A) of the Offences Against the State (Amendment) Act 1998, as he had been released without charge in September 2012 and could not be re‑arrested without a warrant. The court accepted that the arrest was unlawful but did not find it tainted the withholding‑information charge. It upheld the legality of his detention and the searches.
Eugene Cullen, 30, was sentenced to life imprisonment for the murder of Seamus O'Byrne, 27, in south Dublin. The Central Criminal Court heard that O'Byrne was shot dead at Tymon Park North, Tallaght, on 13 March 2009, in front of his girlfriend Sharon Rattigan and their baby. Rattigan tackled the assassin and was shot in the leg while disarming him. The prosecution alleged that Cullen was not the gunman but a participant in the planning and execution of the murder, acting by common design. He was the second person convicted for the crime; Garrett O'Brien was the gunman, sentenced to life in 2012. The jury, after 3 hours 41 minutes, returned a unanimous guilty verdict. Mr Justice Barry White imposed a mandatory life sentence, back‑dated to 8 May 2012 for time spent in custody. Eugene Cullen pleaded not guilty.
The Court of Criminal Appeal has reserved judgment on the appeal of former priest Tony Walsh, who is contesting separate sentences of 16 years and 15 months for rape and sexual abuse of boys in the 1970s and 1980s. Walsh, known as the "Singing Priest," was convicted in 2010 of indecent assault and buggery against three schoolboys, and a 16‑year sentence was imposed. He pleaded guilty to additional counts of indecent assault in a west Dublin church and school between 1978 and 1985, and a further 15 months were added last year for abuse of two other boys. In 1997 he was convicted of abusing six victims and sentenced to ten years, later reduced to six on appeal. Counsel for Walsh argued for a reduction, citing a judge's comment and the non‑existence of the offence of buggery, while the DPP maintained that the sentences were separate and not cumulative. The court will decide at a later date.
In a Dublin murder trial, a 42‑year‑old man, Kamal El Habsati, was found dead with a knife in his chest on 5 December 2012. The accused, 31, claimed he had told his letting agent on 29 November that he was leaving because he would "end up killing" his flatmate, citing a dispute over bills. The agent, Bobby Prenderville, said the accused was unhappy at work and fed up with the flatmate, Jacky Lumi, who had left the country by the time the body was discovered. Prenderville recalled that the accused had said he would kill him, but he had not taken it seriously. The accused pleaded not guilty at the Central Criminal Court, where the case is heard by Mr Justice Patrick McCarthy and a jury. The trial continues.
The jury in the Tallaght murder trial has paused its deliberations after hearing that 30‑year‑old Eugene Cullen of Derry Road, Crumlin, is accused of being part of a joint enterprise that killed Seamus O'Byrne, 27, at Tymon Park North on 13 March 2009. O'Byrne was shot outside his home in front of his girlfriend and child, who was also shot in the leg when she tackled the gunman. The prosecution claims Cullen was not the gunman but one of four men who plotted and executed the murder, relying on circumstantial evidence. Judge Barry White told the jury that the evidence must point to Cullen's guilt and asked whether the State had eliminated any other reasonable explanation. Defence counsel Sean Gillane argued that the prosecution's theory was forced, citing 480 hours of CCTV footage that did not show Cullen and urging a not‑guilty verdict. Eugene Cullen pleaded not guilty.
The Court of Criminal Appeal has allowed an appeal by Kieran Ryan against his eight-year sentence for firearms possession, finding an error in principle in the original sentencing. In July 2010, Ryan, then of Craeval Park, Moyross, pleaded guilty at Limerick Circuit Criminal Court to possessing a Browning semi-automatic pistol and 15 rounds of 9mm ammunition at Carrigmartin, Ballyneety. Judge Carroll Moran imposed the eight-year term, while his brother, Eddie Ryan, received six years for the same offence. The appeal court determined that the trial judge's starting point was too high, noting no evidence that Ryan intended to use the weapon. Consequently, the appropriate starting point was nine to ten years. The court also found the four-year reduction for his guilty plea excessive, given he was caught red-handed and had a prior conviction for violent disorder. A justified reduction of two to two-and-a-half years indicated a final range of seven to eight years. Presiding Judge Frank Clarke stated that while the appeal was allowed, a significant reduction would not be justified due to the offence's seriousness. The matter was adjourned to allow both sides to present submissions on the proper sentence, including materials regarding Ryan's conduct in prison.
Diane Ward, 45, of Charleville, pleaded guilty to manslaughter for the 2012 death of her eight‑year‑old son. She appeared at the Central Criminal Court, where she denied murder but admitted manslaughter. The Director of Public Prosecutions accepted the plea. Psychiatric evidence was not yet available, so sentencing was postponed to the following Monday to allow time for that evidence to be presented. Diane Ward pleaded not guilty.
Limerick, 20‑year‑old man, formerly a teenager in HSE care, beat a 16‑year‑old schoolboy unconscious in an unprovoked attack, leaving the boy with permanent brain damage. CCTV showed the assailant delivering 65 kicks, 26 punches and 26 stamps to the boy's head, two stamps to his chest, and continuing the assault after the victim stopped moving. The attacker claimed he was "stoned out of his head on vodka and tablets." He was originally charged with attempted murder but pleaded guilty to intentionally causing serious harm, receiving a 15‑year sentence with the final three years suspended. The Court of Criminal Appeal ruled that the sentencing judge failed to consider the impact of the man's severe dysfunctional background and substance‑abuse problems.
In the trial of a 30‑year‑old man accused of murdering a father‑of‑two, the prosecution told the jury that the case was based on circumstantial evidence. The defendant, Eugene Cullen, pleaded not guilty to the killing of Seamus O'Byrne, 27, at Tymon Park North, Tallaght, on 13 March 2009. The Central Criminal Court heard that O'Byrne was shot outside his home in front of his girlfriend and child, and that the girlfriend, Sharon Rattigan, tackled the assassin and was shot in the leg while seizing the gun. The prosecution alleged that Cullen was not the gunman but one of four men involved in planning and executing the murder.
The Special Criminal Court is set to rule next week on legal questions about the detention and arrest of Vincent Banks, 44, who is charged with withholding information in connection with the murder of prison officer David Black. The trial has entered a voir dire to decide on the legality of Banks' detention, the searches of his Smithfield apartment and a Finglas address, and the admissibility of forensic samples and phone records. The prosecution alleges that Black, a 52‑year‑old guard at Maghaberry jail, was shot dead on the M1 near Lurgan on 1 November 2012 by occupants of a Toyota Camry registered 94 D 50997, a vehicle purchased by Banks. Evidence presented last week linked bullet casings from the scene to the same weapon as those found in the burnt‑out Camry. Vincent Banks pleaded not guilty.
A man, Jacky Lumi, aged 42, stood trial in the Central Criminal Court for the murder of his 31‑year‑old flatmate, Kamal El Habsati, on 1 December 2012 at their apartment in Ballymun. The case arose after a dispute over bills. Both men worked together at Stream Global Services, but their relationship had deteriorated. Lumi had resigned a week before the incident but claimed he would work until the end of December. On 3 December neither man appeared for work, prompting Lumi to contact the letting agent. The agent and a colleague found the apartment with blood and a knife in the deceased's chest. Lumi admitted to a fight, throwing El Habsati to the ground and stabbing him, but denied pre‑meditation, stating he "lost it and snapped." The prosecution argued the act was murder, while the defence suggested manslaughter. The trial proceeded before Justice Patrick McCarthy and a jury of seven men and five women.
In a 2014 hearing, 30‑year‑old Eugene Cullen of Derry Road, Crumlin pleaded not guilty to the 2009 murder of Seamus O'Byrne, 27, in Tallaght. The Central Criminal Court heard that O'Byrne was shot outside his home in front of his girlfriend, Sharon Rattigan, who tackled the gunman and was shot in the leg. The prosecution said Cullen was not the gunman but one of four men involved in planning the murder. In interviews after his arrest, Cullen admitted he knew Rattigan and had hung out with her little brother, but denied knowing the assassin or participating in the shooting. He also denied placing a petrol can in a stolen Volkswagen Passat, though he admitted buying a can of petrol the day before the shooting for a friend. The trial was before Mr Justice Barry White and a jury of five men and seven women.
The Special Criminal Court is hearing a voir dire on legal matters concerning the detention and arrest of Vincent Banks, 44, who is charged with withholding information related to the murder of prison officer David Black. Banks, who lives in Dublin 7, pleaded not guilty to the charge. The court considered the legality of obtaining forensic samples, searching Banks' apartment in Smithfield and an address in Finglas, and the acquisition of phone records. The prosecution alleges that Black, a 52‑year‑old officer at Maghaberry jail, was shot dead on the M1 near Lurgan on 1 November 2012 by occupants of a Toyota Camry registered 94 D 50997, a vehicle purchased by Banks. Evidence was presented that bullet casings from the scene matched those from the Camry, which was found burnt‑out nearby.
In a Dublin murder trial, forensic scientist Liam Fleury testified that no firearms residue was found on Eugene Cullen, who is 30 and accused of murdering Seamus O'Byrne, 27, in 2009. Cullen pleaded not guilty. The prosecution maintains that Cullen was not the gunman but one of four men involved in planning the murder. Fleury explained that residue appears on a gun, the hands, clothing, and face of the shooter, and can remain on hands for three to four hours and on clothing for 20 hours. He tested Cullen's clothing on 14 March 2009 and a residue kit on his hands and face, finding no residue. The jury also heard technical evidence about mobile phones linked to the case. The trial is before Justice Barry White and a jury of five men and seven women.
In the Special Criminal Court, Vincent Banks, 44, of Smithfield Gate Apartments, Dublin 7, pleaded not guilty to a charge of withholding information related to the murder of prison officer David Black. The court held a voir dire to decide on legal matters concerning Banks' detention and arrest, the legality of forensic samples, searches of his apartment and a Finglas address, and the acquisition of phone records. The prosecution alleged that Black, 52, was shot dead on the M1 near Lurgan on 1 November 2012 while driving to work at Maghaberry jail. They claim the fatal shots were fired from a Toyota Camry (registration 94 D 50997) bought by Banks, with bullet casings at the scene matching those from the vehicle. Banks is accused of failing to disclose information that could assist in apprehending or prosecuting the murderer between 10 October and 20 December 2012. The court will hear further arguments on these issues tomorrow before Judge Paul Butler.
In the murder trial of Eugene Cullen, a 30‑year‑old from Derry Road, Crumlin, the jury has heard evidence from a radio frequency engineer, Eamon O' Gairbhith, who worked for Meteor. O' Gairbhith testified that on 16 February 2011 he visited several mobile cell sites with Gardaí, producing maps that show cell site locations, coverage directions and the best server coverage. He explained that when a cell is full of traffic the handset is assigned to a different server, and that signal strength weakens the further one moves from a site, causing hand‑over to other cells. The prosecution, represented by Alex Owens SC, maintains that Cullen was not the gunman but one of four men involved in planning the murder of Seamus O' Byrne, who was shot dead on 13 March 2009 in Tymon Park North, Tallaght. The trial is proceeding before Justice Barry White and a jury of five men and seven women. The case remains ongoing. Eugene Cullen pleaded not guilty.
Vincent Banks, aged 44 and resident in Dublin 7, has pleaded not guilty to withholding information relating to the murder of Northern Ireland prison officer David Black. The Special Criminal Court heard evidence that on 8 October 2012, gardaí observed two men travel from Carrigallen in Leitrim to Dublin as part of an ongoing operation into subversive and dissident activity. Detective Sergeant Ciaran Quigley testified he monitored the journey, whilst Detective Sergeant Bronagh Bergin observed Banks meeting the two men at a public house in Phibsborough. Photographs were taken of Banks in their company. David Black, aged 52 and employed at Maghaberry Prison in County Antrim, was fatally shot on the M1 motorway near Lurgan on 1 November 2012. The prosecution case centres on the alleged purchase of a Toyota Camry, subsequently recovered burnt-out near the scene, with ballistic evidence linking it to the shooting. Banks faces the charge of failing to disclose information he knew might assist in prosecuting the murder between October and December 2012. The trial continues before Mr Justice Paul Butler.
During a High Court extradition hearing on 10 March 2014, lawyers for the Minister for Justice argued that the courts should allow the surrender of Michael Anthony Balmer, a 62‑year‑old convicted murderer from the UK. Balmer had been released on licence in March 2011, had his licence revoked in March 2012, and was arrested in Cork. His counsel, Patrick McGrath SC, claimed he had served the punitive part of his life sentence and that surrender would only expose him to preventative detention for public protection. The defence contended that the link between his 1984 murder conviction and the present deprivation of liberty was broken, as the original sentence was 30 years ago. Judge John Edwards noted that in English law the punishment had ended and that continued detention for public protection was not acceptable under the Irish constitution. The case was set to resume on 20 March 2014.
A man originally from Sligo has been unsuccessful in appealing his conviction for a serious assault on his former partner. Fergal McNulty (44) was sentenced to eight years imprisonment in July 2012 following his conviction on two counts of assault causing harm. The offences occurred in September 2009 on St Anne's Road in Drumcondra, Dublin. A jury at Dublin Circuit Criminal Court found McNulty guilty after hearing evidence that the victim was struck to the face, sustaining a significant laceration that resulted in permanent scarring and disfigurement. McNulty had maintained his not guilty plea throughout trial. The Court of Criminal Appeal, presided over by Mr Justice John MacMenamin, upheld the original conviction, finding no grounds of unsafety and accordingly dismissed the appeal.
The Central Criminal Court is currently hearing the trial of Eugene Cullen, a 30-year-old man from Derry Road, Crumlin, who has pleaded not guilty to the murder of Seamus O' Byrne (27). The prosecution alleges that Mr. O'Byrne was shot dead by a hooded gunman in the driveway of his home at Tymon Park North, Tallaght, on March 13, 2009, in front of his girlfriend and child. While the accused is not alleged to have been the gunman, the state contends he was one of four men involved in plotting, planning, and executing the killing. The prosecution asserts that Garret O'Brien, a man from Bray who has since been convicted, was recruited to carry out the shooting. During the ongoing proceedings, the jury has been presented with technical evidence regarding mobile phone calls connected to the incident. In his opening address, Mr. Alex Owens SC clarified that the case against Mr. Cullen centers on his role in the conspiracy rather than the act of firing the weapon. The trial is presided over by Mr. Justice Barry White and a jury of five men and seven women. The matter is at the trial stage, with the defendant's plea remaining not guilty. No findings, sentences, or final dispositions have been recorded at this procedural stage. The trial continues tomorrow.
Graham Dwyer, 41, of Foxrock, was charged with the murder of 37‑year‑old childcare worker Elaine O'Hara on 22 August 2012. He has been in custody since October and applied for bail at the High Court, but the State objected. His lawyer, Remy Farrell SC, argued that a 20‑month pre‑trial detention was unreasonable, while Seán Guerin SC for the State said the delay was not exceptional and that a trial would occur within 19 months of his arrest. Mr Justice Paul Carney refused bail.
A Dutch man, Jacky Lumi, aged 42 and originally from Holland, will stand trial for the murder of 31‑year‑old Kamal El Habsati on 1 December 2012 at Linn Bhla, Santry Cross in Ballymun. Lumi, who has no fixed abode, pleaded not guilty. The trial will begin Thursday before Mr Justice Patrick McCarthy at the Central Criminal Court and is expected to last seven days, with a jury of seven men and five women.
In March 2014 a 68‑year‑old man, who had been sentenced in January 2012 to eight years' imprisonment with two years suspended for seven counts of indecent assault on his nephew, was told he must await the outcome of his appeal. The conviction stemmed from alleged assaults that took place in the man's home between October 1988 and April 1991, when the victim was aged 13 to 16. The man pleaded not guilty. During the appeal counsel, Mr Hugh Hartnett SC, argued that the trial judge should have issued a corroboration warning and a delay warning, citing the absence of a potential witness who had been present in the house at the time of the alleged offences. The State's counsel, Ms Isobel Kennedy SC, maintained that the judge's decisions on corroboration and the lack of a witness were within his discretion.
Andrzej Benko, 42, of Mulhuddert, was found guilty by a jury at the Central Criminal Court of attempting to murder his wife, Joanna Benko, on July 5, 2010. Benko admitted hitting his sleeping wife with a lump hammer three times but had pleaded not guilty to the charge of attempted murder. The trial heard that Mrs Benko is now confined to a wheelchair and requires full-time care. Benko told Gardaí he intended to kill her, citing marital difficulties and her alleged drug use. After the assault, he drove to Blanchardstown Garda station, calling emergency services en route. The jury returned a unanimous guilty verdict after two hours and 40 minutes. Defence counsel Remy Farrell SC applied for continuing bail to allow Benko to arrange care for his seven-year-old son and settle affairs regarding their home. The State opposed the application. Mr Justice Patrick McCarthy refused bail, noting that a custodial sentence was inevitable and the child was already being cared for. The judge stated Benko could put other affairs in order through a solicitor. Benko was remanded in custody, and the matter was adjourned for sentencing on April 7th.
The Special Criminal Court trial of Vincent Banks, 44, of Dublin 7, continues before Mr Justice Paul Butler. Banks has pleaded not guilty to a charge of withholding information in relation to the murder of David Black. Prosecution counsel Paul Greene SC outlined the case that Black, a Maghaberry prison officer, was shot on November 1, 2012, by occupants of a Toyota Camry with Republic of Ireland registration 94 D 50997, which the prosecution alleges was purchased by Banks. Jonathan Greer, a witness from the Forensic Science Laboratory of Northern Ireland, testified that bullet casings recovered near the scene and from the burnt-out Toyota were fired from the same weapon. Greer confirmed that two casings from the road and three from the car were 7.62 x 39 mm calibre ammunition, consistent with an AKM assault rifle. Microscopic comparisons revealed gross matching marks indicating a single gun fired all the casings. A bullet recovered from Black's Audi was also consistent with this ammunition. The charge alleges that between October 10 and December 20, 2012, Banks failed to disclose information he knew might assist in securing the apprehension or conviction of another person for the murder. The trial is ongoing.
In the Central Criminal Court, a 30‑year‑old Eugene Cullen of Derry Road, Crumlin, has pleaded not guilty to the murder of Seamus O'Byrne, 27, who was shot dead in front of his girlfriend and child at Tymon Park North, Tallaght, on 13 March 2009. The prosecution says Cullen was not the gunman but one of four men who plotted, planned and executed the killing. Today the jury heard technical evidence concerning mobile phones in the case. The trial will resume on Monday before Mr Justice Barry White with a jury of five men and seven women.
In a case heard at the Central Criminal Court, 18‑year‑old Tadhg Costello of Richmond Hill, Monkstown, pleaded guilty to attempted murder of 17‑year‑old Josh Leahy, who was stabbed six times in the back after a nightclub altercation on 30 May 2012. Costello had earlier pleaded not guilty to assault causing harm and unlawful possession of a knife, but changed his plea to guilty on the fifth day of the trial. The sentencing hearing was adjourned for two to three weeks to allow the defence to consider a Supreme Court judgment that quashed an attempted rape conviction on the basis that suspects who request a lawyer cannot be questioned by Gardaí until they receive legal advice. The Supreme Court decision was delivered by Justice Paul Butler, who remanded Costello on continuing bail for sentencing on 21 March.
At Balbriggan District Court, Peter Flood (32) pleaded guilty to assault causing harm after allegedly headbutting his former partner, breaking her nose. Judge Dermot Dempsey sentenced Flood to 240 hours of community service work in lieu of a six-month prison term, bound him to the peace for two years, and ordered him to continue anger management and drug treatment. In a separate matter, David El Masri (32) pleaded guilty to custody of equipment for making copies and ten charges of copying movies for sale. Judge Dempsey struck out the case after El Masri paid €500 to Balbriggan St Vincent de Paul and ordered the destruction of counterfeit material. Neil O'Brion (27) pleaded guilty to using threatening and abusive behaviour towards gardai. His case was struck out following a €500 donation to AWARE charity. Finally, Bridget McDonagh (27), who is alleged to have committed social welfare fraud by concealing allowances, was remanded on continuing bail. The judge granted the State eight additional weeks to complete the book of evidence, with McDonagh scheduled to reappear on May 8th.
A jury will begin deliberating on whether 42‑year‑old Andrzej Benko intended to kill his sleeping wife, Joanna, on her 32nd birthday. Benko, of Ladyswell Road, Mulhuddert, admits striking her over the head with a lump hammer at least three times. He pleaded not guilty to attempted murder on 5 July 2010. The trial, held at the Central Criminal Court, noted that Mrs Benko is now largely confined to a wheelchair, has communication difficulties and will need full‑time care. Benko told Gardaí he had bought red roses for her that morning, was disappointed she did not wake, found a hammer while looking for a vase, and carried it upstairs before striking her. The prosecution argued that the act of striking a sleeping, defenseless woman with a heavy hammer at least three times demonstrates intent to kill.
In a Dublin murder trial, a jury watched CCTV footage of suspects and vehicles. Eugene Cullen of Derry Road, Crumlin pleaded not guilty to the murder of Seamus O'Byrne, 27, at Tymon Park North, Tallaght, on 13 March 2009. The prosecution said Cullen was not the gunman but one of four men who plotted and executed the killing. The gunman was identified as Garret O'Brien from Bray, who had been convicted. The court heard that on 12 March 2009 Cullen entered a service station, filled a green canister with petrol, and placed it in a silver Ford Transit van. Witnesses described two men on the green the day before the shooting. Forensic evidence included DNA from a mobile phone and swabs from O'Brien and Cullen. The deceased had five gunshot wounds, with the chest wounds causing death, and head and leg wounds contributing. The trial continues before Justice Barry White and a jury of five men and seven women.
The Special Criminal Court trial of Vincent Banks, 44, of Dublin 7, continued before Mr Justice Paul Butler. Banks, who has pleaded not guilty to a charge of withholding information in relation to the murder of Northern Ireland prison officer David Black, faces a separate charge of membership of an unlawful organisation styling itself the IRA. He remains remanded on the membership count, which will proceed immediately upon the judgement on the withholding information count. Evidence was heard from Leitrim County Councillor John McCartin, who stated he contacted gardai in 2012 after complaints about a car parked in a darkened area of Carrigallen. Cllr McCartin testified that he photographed the vehicle on his iPhone and later provided a DVD of backups to Detective Garda Bridget Buckley. Buckley confirmed she analysed the files and identified an image of a Toyota Camry taken on October 14, 2012. The prosecution alleges that the navy-coloured Toyota Camry, registered 94 D 50997, was used to shoot Black on the M1 motorway near Lurgan on November 1, 2012, and that Banks purchased the vehicle. The charge against Banks alleges he failed to disclose information that might assist in securing the apprehension or conviction of another person for the murder. The trial continues.
In a 2014 trial, 42‑year‑old Andrzej Benko of Mulhuddert pleaded not guilty to an attempted murder charge against his wife, Joanna Benko, on her birthday. He claimed he feared their toddler would die after discovering the wife's drugs, citing 100 ecstasy tablets found in the house. Benko said he rang Garda that morning, stating he had hit her over the head with a lump hammer. The jury was shown the hammer, which had blood matching Mrs Benko's DNA, and a photograph of 10 red roses he had bought for her. Garda Patrick Traynor presented interviews where Benko alleged his wife had been drug‑using, spending all his money, and had left him twice with their child. He said he considered killing her to protect their son and to end his "hell." The trial proceeded before Mr Justice Patrick McCarthy with a jury of two women and ten men.
In a Dublin murder trial, a 30‑year‑old man from Crumlin, Eugene Cullen, pleaded not guilty to the 2009 killing of Seamus O'Byrne, a 27‑year‑old father of two. The court heard that O'Byrne was shot in front of his girlfriend and child at Tymon Park North, Tallaght, at 8:15 pm. Prosecutor Alex Owens SC stated that Cullen was not the gunman but one of four conspirators. Garret O'Brien, a Bray man now convicted, was identified as the shooter. Detective Garda Mary Moore testified she arrested Cullen at 11 pm after spotting a silver Nissan Primera with three occupants, one being Cullen, and brought him to Tallaght Garda Station. Garda Alan Young reported seizing a silver Ford Transit van on Derry Road, taking fingerprint lifts. Detective Sergeant John Schley described the van's chassis and licence plates, noting it was stolen in 2008 with false tax and insurance discs.
In the Dublin Special Criminal Court, Vincent Banks, 44, pleaded not guilty to withholding information about the murder of Northern Ireland prison officer David Black. The prosecution read witness statements under Section 21 of the Criminal Justice Act. Ryan McGrath, a front‑passenger on the M1 near Lurgan on 1 November 2012, described hearing a bang, seeing smoke and glass break, and observing a silver Nissan with windows down and a black Audi that veered off the motorway into a ditch. Paula McGraid, his partner, reported hearing a bang after being overtaken, seeing a long thin object protruding from a passenger window, which she identified as a rifle barrel, and witnessing the Nissan swerving onto the hard shoulder and crashing. The prosecution alleged that David Black, 52, was shot by occupants of a Republic of Ireland‑registered Toyota Camry (94 D 50997) as he drove to work.
Sean Connolly, aged 34, was charged in December 2012 with the murder of veteran criminal Eamon Kelly at Furry Park Road, Killester, and also faced charges of IRA membership and firearm possession. The Special Criminal Court set his trial for 28 April 2015, expecting a duration of three to four weeks. Connolly's counsel, Paul Burns SC, requested a trial date, while Judge Paul Butler instructed Connolly to notify the prosecution within 14 days if he intended to rely on an alibi and to give 21‑day notice before calling witnesses. Connolly may soon apply for short bail on compassionate grounds.
In a High Court hearing on 4 March 2014, Irish authorities sought the surrender of Michael Anthony Balmer, 62, a convicted murderer who had entered Ireland two years earlier after conditional release from a UK prison. Balmer, last known to reside in Cornwall, England, was arrested by Gardaí in Ballydehob, Co. Cork in 2012 following his release from prison a year earlier. The Minister for Justice's counsel, Diarmaid McGuinness SC, informed the court that UK authorities were requesting Balmer's surrender for a single murder offence under common law. Balmer had been sentenced to life imprisonment in 1984 for the killing of a woman in Devon, England, on 28 July 1983. He was released on licence in March 2011, a licence that was revoked in March 2012. Counsel for Balmer, Patrick McGrath SC, argued that Balmer had served the punitive part of his sentence and that any surrender for public protection would amount to preventative detention, which Irish courts prohibit.
Andrzej Benko, 42, of Mulhuddert, is on trial at the Central Criminal Court, charged with the attempted murder of his wife, Joanna Benko, at their home on July 5, 2010. Mr Benko has pleaded not guilty to the charge. Prosecutors allege that on Mrs Benko's 32nd birthday, the accused returned to the residence with a lump hammer and struck her over the head at least three times while she slept. The court heard a recording of an emergency call made by Mr Benko as he drove to Blanchardstown Garda Station, in which he stated, "The problem is that probably I killed my wife and now I'm on my way to you to be jailed." He also told Garda Rosanna Coll that he intended to kill his wife. Medical evidence from Dr Niamh Collins and Dr Edward Mulligan detailed severe head injuries, including a depressed skull fracture and brain contusions. A clinical neuropsychologist testified that Mrs Benko, who is now wheelchair-bound, uses one and two-word sentences and requires full-time care. The trial continues before Mr Justice Patrick McCarthy and a jury.