Court archive

Court reports from 2023

2023-12-11 · Ireland

Challenge to decision to ban hunting of migratory ducks

The National Association of Regional Game Councils, represented by chairman John Butler, has filed a High Court challenge against the State's ban on hunting four migratory duck species – Scaup, Pochard, Goldeneye and Pintail – introduced by a statutory instrument under the 1976 Wildlife Act on 1 September. The association argues that the Minister for Housing, Local Government and Heritage made the decision without adequate evidence, failing to establish a reliable system for collecting and analysing bird population data. They claim the ban is irrational, disproportionate, and breaches legitimate expectations, and that it ignores economic, recreational, and conservation considerations. The applicants seek an order quashing the ban, a declaration that the State has not met data collection and conservation obligations, and reimbursement of legal costs. Ms Justice Niamh Hyland granted permission for the action on an ex‑parte basis; the case will return to the High Court in February.

2023-12-11 · Dublin

Gunman's weapon jammed as frightened children ran for cover, in Lidl shooting that featured in 'Inside the K' TV show

Derek Byrne, 40, of Swords, appeared before the Central Criminal Court at the sentence stage for his role in the attempted murder of Noel Boylan. Byrne pleaded guilty to intentionally facilitating a serious offence by a criminal organisation, specifically the attempted murder of Boylan between May 27 and June 1, 2019, with knowledge of the organisation's existence. He also admitted to participating in the activities of a criminal organisation during a pre-trial hearing. Prosecution counsel Sean Gillane SC noted that Byrne's guilty plea acknowledged his previous false statements to gardai regarding the purchase of a Toyota Avensis used by the gunman. The court heard that the shooter's weapon jammed while pursuing Boylan into a Lidl supermarket, where CCTV captured frightened shoppers, including children, running for cover. Boylan made a full recovery. Byrne, who has 78 previous convictions, is currently serving a seven-and-a-half-year sentence for unlawful possession of a semi-automatic pistol. His defence counsel, Giollaiosa O'Lideadha SC, highlighted Byrne's severe cocaine addiction and requested the court consider backdating the new sentence to his initial custody date. Mr Justice Paul McDermott remanded Byrne in custody until next Monday, when he will be formally sentenced. Separately, Alan Graham, 51, was previously jailed for 10 years in 2021 after pleading guilty to facilitating the attempted murder of Lee Boylan, Noel's son, in a related incident on the same road in March 2019.

2023-12-11 · Dublin

'I feel kind of let down': Alanna Quinn Idris as attacker is jailed for three years

Josh Cummins (19) was sentenced at Dublin Circuit Criminal Court for his role in an organised assault on December 30, 2021. Cummins pleaded guilty to intentionally or recklessly causing serious harm to Alanna Quinn Idris, violent disorder, production of a hurl, and assault causing harm to Louis O'Sullivan. Judge Pauline Codd sentenced him to five years' imprisonment for the serious harm and violent disorder counts, suspending the final two years on strict conditions. He received a concurrent three-year sentence for the assault causing harm count. The court noted Cummins was 17 at the time, had no prior convictions, and there was no suggestion he struck Ms Quinn Idris, who lost vision in one eye. In March, co-accused Darragh Lyons (19) was sentenced to four and a half years for assault causing serious harm to Ms Quinn Idris, having also pleaded guilty to assault causing harm to Mr O'Sullivan and violent disorder. The case relies on joint enterprise principles. Two other accused remain before the courts or unidentified. Ms Quinn Idris described the sentence as disappointing but appreciated the custodial outcome.

2023-12-09 · Kildare

Widow of Paul Kelly admits to Console charges

Patricia Kelly, 61, widow of the late Paul Kelly, founder of the suicide‑prevention charity Console, pleaded guilty before Dublin Circuit Criminal Court to one count of failing to keep books of account as a director of the company, contrary to the Companies Act 1990. She admitted that, other than wilfully, she did not maintain proper records of the company's transactions, which are required to determine its financial position accurately and to allow directors to compile annual accounts and enable proper audit. The offence took place between 6 December 2006 and 21 May 2015. The case was originally scheduled for trial next month, with a potential duration of up to ten weeks, but was adjourned to a sentencing hearing on 20 February 2024, later amended to 22 February 2024, with Ms Kelly remanded on bail until that date.

2023-12-09 · Donegal

Teacher convicted of abusing boy does not accept verdict, court hears

A former secondary school teacher, Jacintha McSherry O'Connor (63), of the Mullins, Donegal Town, Co Donegal, was found guilty of two counts of indecently assaulting a male student in 1985 following a Dublin Circuit Criminal Court trial in October. The court heard the abuse occurred while McSherry O'Connor worked as a student teacher at a Dublin secondary school. The complainant, now in his fifties, stated that McSherry O'Connor 'has been like a spectre hanging over me my whole life' and that she 'took my innocence away'. He also mentioned that the truth was close to never coming out, but he was glad he spoke out. The trial also heard allegations of inappropriate sexual relations between McSherry O'Connor and the boy on a holiday in Spain, but no charges were before the jury in relation to these alleged incidents. Marc Thompson BL, defending, described the case as 'highly unusual' and said his client does not accept the verdict. He said the result of the trial had a 'significant impact' on her and that her imprisonment will have a significant impact on her mother, who is elderly. He asked the court to be as lenient as possible. Judge Elma Sheahan adjourned the case for finalisation on January 11, 2024.

2023-12-09 · Dublin

Judge warns woman 'not to go near' love rival's address after threats to kill

Audrey McKeever, 38, pleaded guilty at Dublin Circuit Criminal Court to charges of making threats to kill or cause serious harm and criminal damage at an apartment complex in Crumlin on December 20, 2022. The court heard that McKeever allegedly threatened the victim, a former partner's current girlfriend, shouting that she would kill her and "dance all over her daughter's head." She also kicked the complex's outer door, causing over €1,000 in damage, and posted threatening messages on Facebook. Judge Martin Nolan described the behavior as "nasty" and "frightening." Considering the guilty plea, remorse, and mitigating factors including health issues and detoxification, the judge determined a prison sentence was not warranted. He imposed a sentence of 18 months suspended on strict conditions. McKeever was ordered to pay a further €500 within 15 months to defray repair costs, with her initial €230 token of remorse directed toward the door repair. The judge directed McKeever to have no contact with the victim and explicitly warned her "not to go near" the apartment building.

2023-12-09 · Dublin

Husband convicted of raping wife with household objects

A 49‑year‑old Dublin man was found guilty of 11 counts of sexually assaulting his wife by penetrating her vagina with various household objects, including a knife, cheese grater, bottle, carrot, banana, cucumber, tulip, wooden spatula, decanter stopper, part of a shoe and a bicycle pump. He had previously been acquitted of one count of raping her with a deodorant bottle, one count of raping her with his finger, and two counts of anally raping her. The alleged abuse took place in the family home between January 2005 and September 2014. After about three and a half hours of deliberation, the jury returned unanimous guilty verdicts on all counts. The woman wept as the verdicts were handed down; the defendant made no reaction. Mr Justice Paul Burns thanked the jury, excused them from duty for seven years, remanded the man in custody and adjourned sentencing for December 18. The unnamed accused pleaded not guilty.

2023-12-09 · Wicklow

'Quite a strange move': Michael Lynn trial hears of cancelled interviews, move to Brazil

In a Dublin Circuit Criminal Court hearing on 9 December 2023, former solicitor Michael Lynn, aged 55, faced 21 counts of theft involving about €27 million from seven banks between October 2006 and April 2007. Retired Inspector Patrick Linehan, who led the investigation, explained that Gardaí had arranged interviews with Lynn in 2011, first in Portugal and later in London, but the meetings were cancelled because Lynn's solicitors were not all available. Lynn had moved to Brazil before the October 2011 interview, a fact Gardaí only learned after the interview was postponed. Linehan noted that Gardaí had monitored Lynn's movements via Interpol and had no extradition treaty with Brazil. He also said Gardaí had not received a direction from the Director of Public Prosecutions to charge Lynn while he was in Portugal. The unnamed accused pleaded not guilty.

2023-12-09 · Dublin

Complainant tells teacher's attempted rape trial that he's been 'waiting for over 30 years' to come to court

A 48‑year‑old man who claims his teacher tried to rape him during a sleepover gave evidence at the Central Criminal Court, saying he has been "waiting for over 30 years" to appear. He said he had a close friendship with the teacher in transition year and stayed overnight in the teacher's spare room. The complainant described waking to the teacher's head on his crotch and receiving a blowjob. He explained that he suppressed the memory, later opening it and seeking therapy. He told the jury he had not reported the incident to Gardaí until recently, after contacting the Garda Confidential Line. The accused faces one count of attempted anal rape and one count of sexual assault relating to this complainant, and has pleaded not guilty. The trial continues before Mr Justice Alexander Owens and a jury.

2023-12-09 · Dublin

On-bail criminal who attacked man on Boardwalk gets six years

Patrick Stokes, 31, was sentenced to six years in prison for a series of offences including robbery, assault and criminal damage. He was living in a tent near the Dáil and had a long criminal record of 97 convictions. In October 2021 he robbed a homeless man in St Audoen's Park, taking about €400 from the victim's sock after the victim had given him €40. He also assaulted a man on the Liffey Boardwalk in September 2021, punching him to the ground and stamping on him, causing bruising and soft‑tissue damage. In June 2022 he robbed a shop in Dun Laoghaire, threatening the assistant with a knife, and later caused damage during a burglary on Baggot Street. The judge noted Stokes' addiction and history of adversity, and imposed a seven‑year sentence with the final 12 months suspended, to run consecutively with a prior three‑and‑a‑half‑year term. Patrick Stokes pleaded guilty.

2023-12-09 · Sligo

Daughter claims bank not entitled to possession of late mother's home

The High Court heard arguments on Friday regarding a possession claim by Bank of Ireland Mortgage Bank against the estate of the late Bridget Cunningham, who died in July 2008. Mrs Teresa Gillespie, acting as executrix, argued that the bank's action is statute barred under the 1961 Civil Liability Act because it was not brought within two years of her mother's death. The bank, which claims approximately €150,000 in debt, commenced proceedings in 2019 against the property in Ballinfull, Co Sligo, valued at €180,000. The loan, a €60,000 'Life Loan' taken in 2006/07, became due upon the borrower's death. Ms Gillespie, represented by Martin Hayden SC and Eoin O'Shea BL for McDermott, Creed and Martyn Solicitors, contended that the bank is not entitled to the interest charged and rejected allegations that she has been living in the vacant property. The bank, represented by Brian McGuckian BL, asserted that Ms Gillespie has no defence. Mr Justice David Nolan reserved his decision and will deliver judgement at a later date.

2023-12-09 · Dublin

Pervert caught with hundreds of thousands of 'up skirt' images and extreme child abuse video has sentence cut

Paul Boyle, a 46‑year‑old Scottish man, was caught by an off‑duty Garda taking "up‑skirt" pictures on the Luas in December 2019. A Garda search of his Dublin home uncovered hundreds of thousands of similar images, including 20,000 of women and girls' legs, groins and buttocks, and an "extremely explicit" child‑abuse video. Boyle pleaded guilty to harassment and possession of child pornography. Judge Martin Nolan originally sentenced him to five years for harassment and three years for child‑pornography, with the final two and a half years of the latter suspended. On appeal, Mr Justice Patrick McCarthy reduced the overall custodial term to five years and six months, suspending the last 16 months. The Court of Appeal found the original sentence excessive, noting no violence or threat of violence and no contact with victims. Boyle remains subject to post‑release supervision and a ban on contact with the victims.

2023-12-09 · Ireland

Ammi & Martina Burke ejected from ongoing appeal hearing

During a Court of Appeal hearing on 9 December 2023, Enoch Burke's mother Martina Burke and sister Ammi were ejected by Gardaí after they entered the courtroom and shouted at barrister Eoin Lawlor BL and the presiding judge. The family had come to protest that the court was "making a fool" of Enoch Burke and that Lawlor's presence was corrupt, while Burke was denied in‑person attendance. The court was considering a Gsoc application for access to recordings of a prior "melee" involving Burke, and had previously granted Gsoc and the Director of Public Prosecutions access to recordings from sessions but not to those taken after the court rose. Judge John Edwards adjourned the matter to 15 January, when a panel of three judges will hear submissions on the recordings issue.

2023-12-08 · Dublin

"This was something that we had never experienced" - garda responding to Stardust fire

A garda on duty during the Stardust fire described the event as unprecedented, stating that the scale of the situation was brought home to him when a colleague told him 'whatever you can get' in terms of ambulances. Former garda sergeant Thomas Vennard testified that the incident was something they had never experienced before. The inquest also heard that Stardust manager Eamon Butterly and bar manager Brian Peel remained on site after the fire was extinguished. Garda Sergeant Bernard McMahon, who was tasked with preserving the scene, stated that he saw Butterly and Peel in the foyer of the Silver Swan and expressed his unhappiness with people being on the premises. McMahon also mentioned that he had previously observed fire exit doors locked with chains, a practice he understood was in place to keep 'gougers' out.

2023-12-08 · Ireland

Garda analyst alleges "continuing penalisation" for exposing errors in homicide data

Lois West, a former deputy head of the Garda Analytics Service, claims she has suffered ongoing penalisation after exposing statistical errors in Garda homicide data in 2018. She alleges that her salary of €98,000 a year was lost and she was forced to take sick leave in December 2020 because of the force's alleged wrongdoing. West has filed statutory complaints under the Protected Disclosures Act 2014, the Health, Safety and Welfare at Work Act 2005, and the Payment of Wages Act, naming the Garda Commissioner, the Minister for Public Expenditure and Reform, and the government. In a preliminary hearing, her barrister, David Byrnes BL, argued that the Minister for Public Expenditure held ultimate responsibility for West's employment conditions as a civil servant. Byrnes also sought a data‑subject access request for West's personnel file and other documents related to her complaints and the review of homicides.

2023-12-08 · Dublin

Axe-murderer has life-sentence backdated by appeal court

Oliver Doran, aged 24, was sentenced to life imprisonment for the axe murder of 76‑year‑old Kwok Ping Cheng in Dublin's Robinson's Court. Doran initially pleaded not guilty but later changed to guilty and was sentenced on 8 May 2023. The Central Criminal Court, presided over by Mr Justice David Keane, described the killing as "senseless" and imposed the maximum life sentence. The sentence was backdated to 17 January 2023, the date of Doran's guilty plea, and the Court of Appeal later further backdated it to 6 May 2021, the day Doran was first taken into custody. This adjustment allows Doran to apply for parole in 2033 instead of 2035. The case involved CCTV footage of Doran entering Cheng's apartment, forensic evidence of axe wounds, and Doran's prior 98 convictions. The appeal court upheld the backdating, noting that guilty pleas in murder cases are rare and that backdating is standard practice.

2023-12-08 · Galway

Court rejects appeals by Galway Races rapist and sexual offender

Two men from Longford have failed in their conviction appeals at the Court of Appeal following their trial for rape and sexual assault during the Galway Races in August 2017. Karl Reilly of Carrickboy and Patrick McLoughlin of Moydow were convicted and sentenced to seven and five years' imprisonment respectively, with 18 months suspended in each case. The appellants, who had pleaded not guilty, argued that an erroneous time-stamp on phone evidence discovered during trial prejudiced their defence preparation and that their trials should have been separated. Presiding judge Mr Justice George Birmingham dismissed both grounds of appeal. The court found that the phone timing discrepancy, whilst unfortunate, did not cause irreparable damage to the trial and could have been addressed through further cross-examination or closing speeches. On the severance issue, the judge noted that the differences between the men's accounts to gardaí were minor and that joint trials routinely proceed where potential defence difficulties are far greater. Both conviction appeals were dismissed in their entirety.

2023-12-08 · Donegal

High Court surrenders convicted murderer to Northern Ireland

The High Court has ordered the extradition of James Meehan, aged 54, to Northern Ireland following his refusal to stay proceedings on the matter. Meehan, with addresses in Derry City and Kells, County Meath, was convicted in 2009 of murdering Jim McFadden in Donegal in May 2007 and sentenced to life imprisonment with a minimum of 14 years. He was released on temporary release in 2022 subject to strict conditions, including a curfew and residency requirements in Limavady. In October 2022, he breached these conditions by absconding. Ms Justice Melanie Greally found clear evidence of breach and rejected arguments that Meehan had served the punitive element of his sentence or was on licence rather than temporary release. The judge expressed concern about frequent bail applications following surrender orders, stating such applications would henceforth be granted only in exceptional circumstances. Meehan remains on bail for a maximum of 25 days pending surrender.

2023-12-07 · Wicklow

Law Society member tells Michael Lynn trial she's 'never' come across 'undertaking only' mortgage

In the Dublin Circuit Criminal Court, 55‑year‑old Michael Lynn stands trial for 21 counts of theft, accused of siphoning roughly €27 million from seven financial institutions between October 2006 and April 2007. Lynn maintains that the mortgages he secured on the same properties were "undertaking‑only" mortgages, not first legal charges, and that banks were unaware of overlapping financing. Suzanne Bainton, a practising solicitor and member of the Law Society's conveyancing committee, testified that she has never encountered a solicitor's undertaking‑only mortgage where a bank could claim against a solicitor's professional indemnity insurance. She explained that such undertakings are intended to reduce lending costs and rely on implicit trust in solicitors, noting that insurance coverage for solicitor fraud does not exist. Bainton also clarified that the undertaking is not meant for commercial lending, though banks may accept it. Michael Lynn pleaded not guilty.

2023-12-07 · Dublin

Criminal robbed boy (9) of mother's car keys

In a Dublin Circuit Criminal Court hearing, Owen Flood, aged 29, pleaded guilty to two robbery offences committed in February and March 2020. The first involved forcibly taking a Volkswagen Golf car key from a nine‑year‑old boy and driving the vehicle away; the car, valued at about €15,000, was never recovered. The second offence saw Flood and another man rob a man outside a post office in Celbridge, stealing €180 from his social welfare payment; the victim's money was also not recovered. Flood, who has 55 prior convictions and is homeless with drug and mental‑health issues, was sentenced to four years and eight months' imprisonment, with the final eight months suspended to encourage rehabilitation. No victim impact statements were presented, and the court noted Flood's remorse and cooperation with authorities. The case highlights the seriousness of robbery involving a child and the impact of repeated offending.

2023-12-07 · Dublin

Sixth complainant tells trial that 'trusted' teacher tried to rape him

During a trial on 7 December 2023, a 48‑year‑old complainant testified that a teacher he had trusted and befriended attempted to rape him during a sleep‑over at the teacher's home. The teacher, in his 30s at the time, was accused of one count of attempted anal rape and one count of sexual assault relating to this complainant. The witness described how the teacher invited him into the bedroom, where the teacher allegedly performed a forced oral act and then tried to penetrate his anus while the complainant was asleep. The complainant said he was terrified, did not consent, and tried to lie on his stomach to stop the assault. He could not recall the duration of the incident. The trial, presided over by Mr Justice Alexander Owens, continues with the jury hearing the evidence. The unnamed accused pleaded not guilty.

2023-12-07 · Dublin

Mother who recklessly endangered children fails in appeal against five-year sentence

In July 2022, a 31‑year‑old Dublin mother was sentenced to five years in prison for recklessly endangering her two children, aged two and three, by failing to seek medical care when they were physically abused. She pleaded guilty to two counts of reckless endangerment and five counts of child cruelty, including punching her son. The court noted that the children were taken into care and would suffer lifelong trauma. Her appeal, arguing that rehabilitation had not been considered and that part of the sentence should have been suspended, was dismissed by the Court of Appeal. The judge had already applied a generous discount for mitigating factors and imposed concurrent jail terms of five and three years, deeming the custodial sentence necessary due to the grave nature of the offences.

2023-12-07 · Dublin

Day of 'difficult details' for families at Stardust inquest

An inquest jury heard harrowing accounts from former firefighters who described finding bodies in the Stardust nightclub so badly burnt they could not determine their gender, with some corpses discovered in pieces within the 'completely gutted' building. Coroner Dr Myra Cullinane acknowledged these were 'difficult details' for the families of the 48 victims of the 1981 fire. Noel Keegan testified about finding multiple bodies in the toilets, some still on fire, and described one body with exposed intestines. John Lehan noted the presence of 16 bodies near exit doors and suggested the fire spread rapidly. Garda Matthew Quinn described the severe burns on victims, with some having burst blisters. Other firefighters, including Frank Matthews and James Rowan, recounted finding unrecognisable bodies, some in pieces, and described the extensive damage to the building. The inquest continues tomorrow.

2023-12-07 · Dublin

Child sex offender abused and exploited girl (3) after befriending father

A 61-year-old man pleaded guilty at Dublin Circuit Criminal Court to nine sample counts from 69 charges, spanning March 2021 to November 2022, alleging he sexually exploited a girl aged three to five. The accused admitted to five counts of sexually exploiting a child, three counts of producing child pornography, and one count of possessing child pornography. He befriended the victim's father, who lived nearby, and abused the child while caring for her. The court heard of his extensive criminal history, including a 2008 jail sentence for sexually assaulting a minor and a 2014 suspended sentence for possessing child pornography. Although the validated procedural stage is sentence, the matter was adjourned to January 31 for finalisation. Judge Orla Crowe ordered a probation report to assess future risk and requested a structure for the accused's eventual release. The court noted the accused's medical condition, including a recent coronary stent, and his cooperation with gardaí. Victim impact statements highlighted the severe trauma suffered by the child and her parents. The accused expressed remorse, and counsel noted his early guilty plea and history of therapy, though he struggled to control urges. The case remains pending final sentencing.

2023-12-07 · Ireland

Teen avoids jail despite finding that fully suspended sentence for rape was too lenient

A 14‑year‑old who raped a 15‑year‑old after drinking alcohol for the first time was convicted by a majority jury at the Central Criminal Court in May 2024. He was sentenced to 106 days of detention, fully suspended, which the State appealed as too lenient. The Court of Appeal found the original sentence unduly lenient, noting that a comparable adult offence would have attracted a headline sentence of seven years. The appeal court quashed the 106‑day suspended term and re‑sentenced the teenager, applying a discount of three‑and‑a‑half years for his age and maturity and an additional 18‑month discount for mitigating factors such as his admissions and good record. The court suspended the two‑year jail term entirely, requiring compliance with probation services and good behaviour for two years, and ruled that sending him to an adult prison would serve no useful purpose. The unnamed 18-year-old pleaded not guilty.

2023-12-07 · Ireland

Carpenter branded 'trouble' and sacked over union membership wins €10k

A carpenter, Thomas Coffey, was dismissed by Cullenbridge Services Ltd (trading as Hollyfort Services) after a dispute over his pay rate. Coffey had agreed to €25.50 an hour in August 2022, but the company's commercial manager later claimed he was overpaid and should be paid €23 an hour. Coffey sought union intervention, and the union emailed the firm on 17 January. The next day, Coffey was told to leave the site and was dismissed. Internal emails revealed that the company viewed him as "trouble" and decided to sack him because of his union activity. The Workplace Relations Commission found the dismissal unfair, awarded Coffey €8,000 for lost earnings, ordered the company to pay €585 for a unilateral pay cut, and required payment of €1,101.16 in pension contributions plus a €500 compensation for the Industrial Relations Act breach. The total order was €10,186.16.

2023-12-07 · Dublin

Sentence imposed on teen who murdered Urantsetseg Tserendorj was 'disproportionate', lawyers argue

The Court of Appeal heard that a 17‑year‑old who murdered Urantsetseg Tserendorj was sentenced to life imprisonment with a review after 13 years, a decision his barrister Mark Lynam SC described as disproportionate. Lynam argued that the teenager, who had 31 prior convictions, should have received a determinate sentence or an earlier review, citing international pressure to move away from life sentences for minors. He contended that the offender's intent was to cause serious harm rather than to kill, and that his age and lack of maturity warranted a different approach. The Director of Public Prosecutions, Sean Guerin SC, maintained that the judge's discretion was justified, noting the defendant's armed robbery intent and the victim's vulnerability. The case remains pending a judgment set for December 19, 2023. The unnamed accused pleaded guilty and was found guilty.

2023-12-07 · Ireland

Veteran gambling industry exec takes case against GBE Technologies

Lawyers for Conall McSorley, a 30-year veteran of the gambling industry, have threatened to withdraw from a case at the Workplace Relations Commission, claiming their client is being denied a fair hearing. Defence evidence was interrupted when McSorley's barrister objected to questions about management control over his work being put to a CEO, as these had not been raised in cross-examination. McSorley, who accuses GBE Technologies Unlimited of unfair dismissal, instructed his legal team not to return for further evidence, stating the firm should 'mend its hand'. A key issue is whether McSorley was an employee or a contractor. GBE claims he was never an employee, arguing he worked as a contractor on a day rate, while McSorley's lawyers say his role bore 'all the hallmarks' of an employment relationship. McSorley was paid approximately €150,000 a year plus expenses from February 2018. He was informed of termination in October 2021.

2023-12-06 · Dublin

Retired Civil Servants AGM to go ahead as motions on its management reworded

The AGM of the Retired Civil and Public Servants Association will take place on 12 December after a High Court case brought by trustees Mary Farrell, Frank O'Dwyer and Matthew Ryan was resolved. The trustees had claimed the governing council had refused to allow them to raise several motions on financial and corporate management, including travel expenses and audit matters, and said they were being "gagged". The council denied the claims. The court heard that after extensive out‑of‑court discussions the parties reached an agreement. The settlement allows the trustees' motions and a report to be re‑worded and presented at the AGM, and the order of business will be amended accordingly. The matter was adjourned for two weeks to implement the settlement, and the judge welcomed the outcome. The association, founded in 1945, has over 8,000 members from organisations such as An Post, Coillte and Teagasc.

2023-12-06 · Wicklow

ACC's €3.7m loan to Michael Lynn was for private home and was not commercial, witness says

An ACC Bank fraud officer has given evidence at Dublin Circuit Criminal Court in the ongoing theft trial of Michael Lynn, a former solicitor. Mr Lynn, aged 55 and resident in County Wicklow, faces 21 counts of theft relating to alleged offences between October 2006 and April 2007, with a total value of approximately €27 million across seven financial institutions. The prosecution alleges Mr Lynn obtained multiple mortgages on identical properties without the lenders' knowledge. The witness confirmed that a €3.7 million loan provided by ACC to Mr Lynn in 2007 for the purchase of Glenlion House in Howth was classified as a private residential mortgage and not a commercial facility. He stated the bank would not have advanced funds had it been aware that the Irish Nationwide Building Society and Bank of Scotland Ireland had simultaneously provided loans totalling over €8 million for the same property. The trial, before Judge Martin Nolan, continues. Michael Lynn pleaded not guilty.

2023-12-06 · Dublin

Fifth complainant tells trial he was 'embarrassed' to report teacher's alleged abuse

In a trial in Dublin, a 59‑year‑old man accused of sexually assaulting a student in 1995 pleaded not guilty to one count of sexual assault. The fifth complainant, now 47, testified that he was 18 when the alleged assault occurred in a pub toilet. He described the accused as masturbating into his hand, then pinning him against a wall and possibly kissing his neck or cheek. The complainant said he told a friend that night about the incident, after drinking whiskey with two other teenagers. He added that he had never met the accused again and that he had not reported the assault to Gardaí at the time, citing embarrassment and a sense of being in the wrong place. The trial is ongoing before Mr Justice Alexander Owens and a jury.

2023-12-06 · Dublin

18 months for man caught with €214k hidden in secret compartment

Killian Grehan, 28, of Templeview Park, Clarehall, Dublin, was sentenced to 18 months in prison for money laundering after €214,800 was found in a concealed compartment of his Hyundai. He pleaded guilty to one count of money laundering in the Coolock area on 26 March 2022. Garda surveillance had observed a vehicle in the Landon Road area on the day in question, and a brown envelope was handed to the driver, who later placed it in the car. The car was stopped in Coolock, searched, and the concealed compartment was discovered. Grehan admitted he was moving the money to pay off a drug debt and that his family had been threatened. He expressed remorse, had no prior convictions, and was deemed at low risk of reoffending.

2023-12-06 · Dublin

'Worst of the Worst': child rapist who filmed himself carrying out earlier attack gets third sentence

In a Dublin Circuit Criminal Court hearing, a 68‑year‑old man received a third sentence for sexually assaulting a child who was five years old in 2016. The court heard that the accused filmed himself touching the child's genitals while she lay on a couch, a seven‑second clip that was shown to her mother. The mother, who described her daughter as once joyful and now withdrawn, said the assault had taken away her daughter's innocence and caused nightmares. Judge Orla Crowe imposed a headline sentence of three years, reduced to two years and three months because of the man's age and ill health, and noted his apology. The sentence runs concurrently with an eight‑year sentence for a 2021 anal rape. The man is also barred from contacting either victim permanently. The court did not discuss any further proceedings or outcomes beyond this sentencing.

2023-12-06 · Dublin

Man avoids jail over threats to 'cut up' social workers

Fionn Costello, 35, pleaded guilty to publishing a threatening voice note in 2021 that said he would 'throw two social workers over a balcony and cut them up.' The message was sent to a woman who works as a social worker on 13 July 2021, and it also referenced another social worker. Garda Jean McDonald explained that Costello had contacted the woman to bring the message to her attention, but he claimed he had no intention of sending it to either woman. Costello admitted the messages were intimidating but said they were not meant for the recipients. He was arrested on 5 May 2022, pleaded guilty on 4 October, and has prior convictions for drug possession, public order and road traffic offences. Judge Orla Crowe sentenced him to four and a half months' imprisonment, suspended in its entirety, after noting the unusual nature of the case and the lack of intent to send the threats.

2023-12-06 · Dublin

Senior fireman tells inquest there was 'something' in Stardust that contributed to fast spread of flames

During the 2023 inquest into the 1981 Stardust nightclub fire, retired Dublin Fire Brigade senior firefighter William McQuaid described the blaze as an "accelerated fire" that spread rapidly due to an unknown combustible material in the building. He recounted receiving a call that a major accident plan was in force and that the entire state's resources were mobilised. McQuaid reported that the roof collapsed and the fire's temperature was unusually high, causing the fire to spread faster than normal. He supported the view that the fire's speed made it impossible for hoses to be laid effectively. McQuaid also noted that the fire brigade's assessment of a fire's extent is based on experience and visual judgement upon arrival. The inquest heard additional testimony from former firefighters and ambulance staff, but the focus remained on the fire's rapid spread and the lack of prior similar incidents. The hearing continues tomorrow at the Rotunda Hospital.

2023-12-06 · Wicklow

Woman accused of murder denied housemate died after 'fit of jealousy and rage'

A woman standing trial for murder has denied allegations that her housemate died following a fit of jealousy and rage. Nicola Brennan, 33, pleaded not guilty to the murder of Juris Viktorovs, 36, at Ballyconnell, County Cavan, on 10 February 2022. At the Central Criminal Court, the jury heard that Ms Brennan initially told gardaí her boyfriend carried out the attack, later suggesting it may have been the deceased's partner. Forensic evidence presented showed blood belonging to the deceased on the cuff of Ms Brennan's pyjamas. The court also heard testimony regarding fake pink fingernails found at the scene and in garda custody. Ms Brennan maintained she was asleep at the time of the incident and had no reason to harm the deceased, whom she described as a good friend. The trial, before Mr Justice Paul McDermott, continues with a jury of twelve.

2023-12-06 · Dublin

Injunction sought restraining sale of Dublin hotel

The Duddy Hospitality Group has applied to the High Court for an injunction to stop the sale of the IBIS hotel at Red Cow, Dublin, which is central to a dispute with the UK‑based Propiteer Group over alleged breaches of a 2020 settlement that divided joint venture assets. The Duddy group claims that receivers appointed by Propiteer issued a 30‑day notice to sell the hotel, a notice that would expire on 8 December, and that any sale before the overall action is resolved would damage the Duddy group's claims. The group also seeks orders preventing the receivers, Ken Fennell and Andrew O'Leary of Interpath Ireland, from acting over the hotel. The Duddy group alleges that Propiteer breached the settlement, attempted to remove directors from related companies, and acquired the hotel's debt, thereby preventing the Duddy group from taking ownership. Propiteer denies all wrongdoing. The application will return before the court on Thursday.

2023-12-06 · Ireland

Worker unfairly sacked after 'bizarre' allegation is awarded €13k

The Workplace Relations Commission has awarded Milka Alves-Da Rocha €13,000 in a trial against her former employer, O'Meara Aspect Design Limited. The adjudicator upheld complaints under the Unfair Dismissals Act, the Minimum Notice and Terms Employment Act, and the Payment of Wages Act, while rejecting a fourth complaint brought under equality legislation. Ms Alves-Da Rocha alleged she was dismissed after a "bizarre" investigation meeting where she was insinuated to be connected to a potential €100,000 liability to Revenue, threatening the company's financial viability. The adjudicator found the worker had no knowledge of these speculative questions and that the dismissal process breached fair procedures, describing the disciplinary hearing as a "star chamber" process. The company determined she committed gross misconduct for failing to attend a later hearing, a decision the adjudicator criticized as an attempt to ambush her with unpublished information. The tribunal awarded €10,500 for losses from the unfair dismissal and €731 for one week's notice pay. Additionally, an order was made for €1,000 in unlawful wage deductions related to sponsorship costs. The adjudicator noted the equality complaint was lodged under the wrong legislation but found no prima facie breach, stating the incident should have been processed under the company's dignity at work policy.

2023-12-05 · Dublin

Man tells trial of alleged sexual assault by teacher in pub toilet

The trial of an unnamed 59-year-old accused of sexual offences against six young men continues before Mr Justice Alexander Owens. The defendant has pleaded not guilty to one count of attempted anal rape and eight counts of sexual assault, alleged to have occurred between March 1991 and November 1997 in Co Dublin. He also faces one count of sexual assault regarding the fifth complainant, to which he has also pleaded not guilty. The fifth complainant, now 47, testified that in 1995, while in a pub toilet, the accused allegedly pinned him against a wall and engaged in non-consensual sexual contact. The witness stated he did not consent and was in shock. Earlier, the fourth complainant, who faces one count of sexual assault, was cross-examined regarding alleged consensual encounters and drug use. He admitted to receiving a suspended sentence after pleading guilty to two counts of possession of a controlled drug for sale or supply and cultivation of cannabis plants. Defence counsel Michael O'Higgins SC suggested the complainant had boasted about drug use and that the accused reported this to the school principal. The complainant disagreed with suggestions that the sexual interactions were consensual. The trial is ongoing.

2023-12-05 · Dublin

Man kept €60k in drugs in apartment to protect brother, court hears

Thomas Kane, 29, of Ard Mor Drive, Tallaght, pleaded guilty to possession of cannabis and cocaine with intent to sell or supply on 10 June 2020. Gardaí searched his apartment following a warrant and found over 30 g of cocaine and 47.5 g of cannabis in a hot press, plus 10 g of cannabis in the kitchen. Two Adidas bags in a bin labelled with his apartment number contained almost 3 kg of cannabis. The total value of the cannabis was €60,946 and the cocaine €2,149. Kane claimed he kept the drugs to protect his brother, an addict with a drug debt, from threats to his life. His defence argued exceptional circumstances and that he was not profiting. Judge Patricia Ryan adjourned the case for finalisation in March pending a probation report.

2023-12-05 · Cork

Michael Flatley's family forced to fee castle home over carcinogen, High Court told

In a High Court hearing, Michael Flatley, aged 65, and his family were forced to vacate their Castlehyde home in County Cork after tests revealed high levels of carcinogenic chloride residue from PVC combustion. Flatley claims the residue, left after a 2016 fire, was known to the contractor and insurers but was not disclosed or remedied properly. He alleges negligence, breach of health and safety, and property rights violations by the Austin Newport Group, insurers Am Amlin, AXA XL, Hamilton Managing Agency, and accountant David Cushion. Flatley seeks €25 million in damages and has also initiated separate medical negligence proceedings. The court granted him permission to serve the defendants and adjourned a request for an injunction to preserve documents, with the case to resume later. The matter remains an ongoing civil action.

2023-12-05 · Dublin

Fireman tells Stardust inquest of finding bodies with 'arms around each other'

During the Stardust inquest, a fireman recounted finding two young victims whose bodies were "fused together" with their arms around each other, suggesting they were trying to comfort one another before dying. He described the chaotic rescue, noting that the operation was largely a "free for all" focused on getting people out. He reported discovering a pile of bodies in a room behind the stage, believing the top three or four were still alive when he assisted them out, and that these were the last people rescued alive that night. He also found a torso behind exit five and brought it to an ambulance. The testimony highlighted the urgency, the difficulty of removing bodies from the burning building, and the lack of formal communication, with crews relying on word of mouth. The account was given in the context of the 1981 fire that claimed 48 lives.

2023-12-05 · Dublin

Pervert caught with 278k images and 'disturbing' child abuse material appeals sentence

In December 2023, a Court of Appeal hearing considered the appeal of Paul Boyle, a 46‑year‑old Scottish man, who had been sentenced to five‑and‑a‑half years' imprisonment for harassment and possession of child pornography. Boyle was caught by an off‑duty Garda on the Luas in December 2019 taking "up‑skirt" photographs of women and schoolgirls. A subsequent search of his Dublin home uncovered 275,800 images of women's groins, thighs and buttocks taken between June 2018 and January 2020, and a 2002 child‑pornography video described as "extremely explicit and disturbing." Boyle pleaded guilty in March 2022 to the harassment and possession charges. Judge Martin Nolan imposed a five‑year term for harassment and a three‑year term for child‑pornography, with the final two‑and‑a‑half years suspended and back‑dated to March 2021.

2023-12-05 · Wicklow

Trial hears that Michael Lynn's financial affairs were an 'open book'

During the trial at Dublin Circuit Criminal Court, former solicitor and property developer Michael Lynn (55) pleaded not guilty to 21 counts of theft, accused of stealing about €27 million from seven banks between October 2006 and April 2007. The prosecution argued that Lynn secured multiple mortgages on the same properties, with banks unaware that other institutions were also financing the same assets. John Kinsella, a partner at Kinsella Mitchell & Associates and former auditor for Lynn's company Kendar Holdings Limited, was cross‑examined. Kinsella admitted that Lynn had a favourable relationship with banks and was never denied a loan. He also confirmed that Lynn's financial affairs were "an open book" and that he had access to Lynn's accounts. The trial continues before Judge Martin Nolan and a jury.

2023-12-05 · Dublin

Businessman 'duped' into becoming involved in €1.4m money-laundering scheme, defence say

Silvio Rabbitte, 55, of Castleknock, Dublin, pleaded guilty to one count of impeding the apprehension of his co-accused, Wesley Williams, between September 2012 and July 2014. Williams, 46, of Ratoath, Co Meath, pleaded guilty to one count of fraud. Both men were involved in a €1.4 million money-laundering scheme where funds from German investors were transferred into a shared account. Rabbitte received €350,000, while Williams also received a sum. The defence argued Rabbitte was duped and acted with recklessness, noting he had no previous convictions. Simon Gold, 59, of Athlone, Co Westmeath, was previously found guilty by a jury of money laundering, theft, deception, and control of false instruments, and was jailed for seven years in 2019. Judge Martin Nolan adjourned the matter for finalisation on February 7 next year, stating he would sentence Rabbitte after hearing evidence in Williams' case. Rabbitte was remanded on continuing bail until that date. The court noted that the charge against Rabbitte was only recently offered to him, and that the Criminal Assets Bureau had seized €190,000 from his ill-gotten gains.

2023-12-05 · Dublin

Suspended sentence for attack on security guard and threat to 'cut hearts out' of shoppers family

Alan Rooney, 54, of Stillorgan, was given a fully suspended 18‑month sentence for a series of offences committed on 18 September 2022 at Dundrum Town Centre. He pleaded guilty to theft, threats to kill, threatening abusive behaviour, breach of the peace, assault causing harm and entering a private kitchen and taking a kitchen knife. Rooney attacked a security guard, struck him five to six times and attempted to bring him to the ground before other security staff intervened. He also threatened a shopper, saying he would "cut the hearts out" of the shopper's wife and children. CCTV footage of the altercation was shown to the court. The judge, citing Rooney's 25 previous convictions, his 10‑year UK prison term for robbery and his moderate risk of reoffending, imposed the sentence on condition of probation, addiction services and victim‑focused work, suspending it in full for three years.

2023-12-05 · Dublin

Truck driver caused catastrophic 'de-gloving' injury to pedestrian's leg

In a Dublin Circuit Criminal Court hearing, truck driver Zahir Boudahane (50) pleaded guilty to dangerous driving causing serious injury to 32‑year‑old William Burke on O'Connell Bridge on 10 June 2022. Boudahane, unfamiliar with the city centre, was driving in the bus lane on Bachelor's Walk when he broke a red light and made an illegal right‑hand turn onto O'Connell Bridge. Burke, crossing from the Eden Quay direction, was struck head‑on. He was dragged under the front of the vehicle, with the front wheel passing over his left leg and the rear wheel over his foot. Burke later reported seeing bones exposed and blood everywhere; Garda Cathal Keon described the injury as effectively "de‑gloved." Burke was treated at Mater Hospital, underwent urgent surgery, and ultimately had a below‑knee amputation. He now uses a wheelchair. Boudahane's dashcam showed a speed of 17 km/h; breath tests found no drugs or alcohol.

2023-12-05 · Dublin

Christina Anderson appeals eight-year sentence for killing dad-of-seven

Christina Anderson, 41, of Dublin 22, appealed her sentence at the Court of Appeal regarding the killing of Gareth Kelly, 38. Anderson was sentenced earlier this year to 11 years in prison, with the final three years suspended for four years. She was initially charged with murder and pleaded not guilty by reason of insanity. However, the Director of Public Prosecutions accepted a plea of guilty to manslaughter by reason of diminished responsibility due to a mental disorder. The State accepted Anderson was experiencing a psychotic episode due to bipolar affective disorder but did not qualify for a full insanity defence. Counsel for Anderson argued the sentencing judge failed to correctly assess her moral culpability, citing a psychiatrist's report that she was highly dominated by her condition with no insight. The DPP countered that moral culpability was not extinguished, pointing to ongoing aggravation and the fact that Anderson stabbed the victim, walked away, and returned to stab him again. The DPP also noted the suspended portion was necessary for public protection given the lack of a suitable environment to police her mental health. Anderson is currently an enhanced prisoner at Dochas women's prison, where her medication has been reduced and she is participating in various classes. The matter remains under appeal.

2023-12-05 · Dublin

Garda jumped into river to catch serial burglar as 6.5-year sentence is passed

In a dramatic October morning, a Garda pursued David Paget, a 43‑year‑old serial burglar, who had broken into a family home in Dublin. Paget threw a shovel through the front window of the occupied house and attempted to flee. The Garda, Detective Shane Woods, followed him into the Tolka River and later apprehended him hiding behind shrubbery. Paget, who had 57 prior convictions, pleaded guilty to stealing a car and 11 burglaries between September 2020 and October 2023, most of which occurred in Mulhuddart, Dublin 15. Judge Orla Crowe noted that Paget had been on bail for the car theft and for several burglaries when he committed the latest offence. She accepted his cooperation, admissions, remorse, and efforts to address his addiction. The judge imposed consecutive sentences totalling seven and a half years, suspended the final year on strict conditions, and required Paget to engage with the Probation Service for 12 months upon release.

2023-12-05 · Tipperary

Malawian woman refused housing assistance loses discrimination claim

In a complaint under the Equal Status Act 2000, 64‑year‑old Elube Kapengule alleged that Tipperary County Council staff refused her emergency accommodation because of her race. She said she was laughed at, ridiculed and told to "go back to Malawi" when she sought housing on 9 December 2022. The council denied any racial discrimination, claiming she was ineligible for social housing due to less than five years of reckonable residency and that no staff laughed at her. Kapengule was directed to short‑term emergency accommodation under the Cold Weather Initiative and later to a Garda station where her immigration status was checked. She eventually left the council's office, slept outside, and sought help from the charity Doras Luimní. The Workplace Relations Commission found no evidence that her race was a factor and rejected her complaint.