Court archive

Court reports from 2023

2023-12-05 · Cork

Child offenders who lodge appeals past age of 18 should not have anonymity preserved, State argues

The State argues that child offenders who become adults before their appeal is heard should not retain anonymity. The Court of Appeal will decide whether the 21‑year‑old who murdered student Cameron Blair can be publicly identified after appealing his sentence post‑turning 18. Mr Justice George Birmingham requested submissions from the Director of Public Prosecutions and the defendant's counsel. The defendant, aged 17 when the murder occurred, pleaded guilty and was sentenced just before his 18th birthday. The Children Act prohibits publishing anything likely to identify a child in court proceedings. Karl Finnegan SC contended that naming the young offender on appeal would violate the Act's spirit, while Anne Rowland SC argued that the Act's literal wording does not extend anonymity beyond 18. Mr Justice Birmingham noted a subsection of the Act that applies to appeal proceedings, questioning its purpose if anonymity is not preserved. The court will rule later.

2023-12-05 · Dublin

Russian leasing giant claims it won't get a fair hearing in Irish courts

The parent company of Russian State-owned GTLK has indicated it may not participate in legal proceedings initiated by liquidators appointed over its Dublin-registered subsidiary, citing concerns about receiving a fair hearing in Irish courts. Damien Murran and Julian Moroney, joint liquidators of GTLK Europe DAC and GTLK Europe Capital DAC, have filed an action to prevent the Joint Stock Company State Transport Leasing Company from claiming ownership of multiple aircraft. The liquidators argue that the aircraft belong to the firms in liquidation and that the parent company has no legal entitlement to the assets. Counsel for the liquidators, James Doherty SC, stated that Russian lawyers representing the parent company have informed them of their decision not to participate in the Irish proceedings. The liquidators dispute the claim that they would not receive a fair hearing, noting that Russian companies have previously participated in UK court actions. Mr Justice Mark Sanfey acknowledged the urgency of the matter and set a hearing for later this month, leaving the option open for the parent company to participate. The liquidators seek orders to set aside the pledge agreements, declaring them void and unenforceable under Irish law, and asserting their retention of title to the aircraft. The proceedings involve several GTLK group subsidiaries, with the pledge agreements governed by Russian law, though the liquidators and notice parties are based in Ireland. The firms were wound up earlier this year following an application by four creditors who claimed they were owed over US$178m/€162.5m. The financial difficulties of the firms are attributed to economic sanctions imposed on Russian entities following Russia's invasion of Ukraine. GTLK is Russia's largest leasing business in the transport sector, with its Europe Group's international leasing business headquartered in Dublin.

2023-12-05 · Cork

Cameron Blair murderer loses sentence appeal

In a 2023 Court of Appeal decision, a 17‑year‑old who stabbed 20‑year‑old Cameron Blair to death was denied a review to reduce his life sentence after 13 years. The court found the trial judge had properly considered the defendant's lack of maturity, set a proportionate sentence and taken mitigating factors into account. The appeal also rejected the claim that the 13‑year review deprived the defendant of the right to apply for parole after 12 years, noting the parole board would still consider eligibility. The judge highlighted the defendant's deliberate and callous conduct, including displaying a knife and tapping it on his leg before the fatal blow, and described the offence as "shocking and deliberate." The Court of Appeal will later decide on the anonymity of the accused, who is now 21 and no longer a minor. Cameron Blair pleaded guilty.

2023-12-04 · Donegal

Violent offender gets five years for raping woman (21) he met online

A man has been sentenced to five years' imprisonment following his conviction for rape at the Central Criminal Court in Dublin. Daniel Maymay, aged 31, of Kilmacrennan Road, Letterkenny, Co Donegal, was found guilty of one count of rape committed on 28 January 2019. He had pleaded not guilty to two counts of rape and false imprisonment; the jury acquitted him on the remaining charges. The court heard that Maymay and the woman met online and arranged to meet for coffee. During the encounter at his Letterkenny residence, the woman told him to stop sexual contact, but he continued. Maymay maintained the intercourse was consensual. The complainant did not initially report the incident but later contacted police after confiding in her mother. Justice Paul Burns imposed a six-year sentence with the final year suspended on strict conditions. Maymay has 17 previous convictions, including violent disorder and drug-supply offences, but no prior sexual convictions.

2023-12-04 · Dublin

Court hears of devastating consequences for English language students who fell victim to fraudster

In a Dublin Circuit Criminal Court hearing, 18 foreign students who had paid a fraudster, Raul Rodriguez Ramirez, for English‑language courses suffered severe psychological and emotional distress. Ramirez, who ran a legitimate agency from 2018 to 2020, diverted the students' money into a restaurant venture that failed during the pandemic. The students, many from Mexico, Bolivia, Japan and South Korea, were left without course placements, risking their visas, and faced financial hardship—one slept in a church doorway for two nights, another could not travel home to see his mother before she died. They reported being pressured to pay quickly and receiving "contracts" by email, yet their funds were never used to secure enrolment. Ramirez pleaded guilty to inducing the students to pay sums between June 2020 and June 2021, and the judge adjourned sentencing for a week to allow him to gather funds for compensation.

2023-12-04 · Dublin

Man who alleges he woke to find his teacher sexually assaulting him tells jury he didn't 'block out' the incident

In a trial held on 4 December 2023, a 59‑year‑old accused man pleaded not guilty to a single count of sexual assault. The complainant, who was not named for legal reasons, testified that he had been awakened by the accused performing oral sex on him after drinking eight or nine pints with the teacher. He said he did not block out the incident but kept it at the back of his mind. The defence counsel, Michael O'Higgins SC, questioned whether the accused had left a class unattended and whether the complainant had been intoxicated during the alleged events. The complainant confirmed he had been drunk and that he had not remembered a later alleged sexual encounter in Kilkenny. The case remains before Mr Justice Alexander Owens and a jury.

2023-12-04 · Dublin

Robber claimed he'd been forced to raid post office

Ian Byrne, 41, was sentenced to 21 months in prison for robbing a post office on Dorset Street, Dublin 7, and for possessing an imitation firearm on 1 November 2022. He also faced a count of attempting to rob a post office in Cabra two days later, which was considered but not charged. Byrne claimed he was coerced by a drugs gang after accruing a cocaine debt following a knee injury. He had previously worked as a forklift driver for Ikea for eight years and had no prior convictions. Byrne admitted to the robbery at a Ballymun Garda station, stating he was under pressure and threatened by the gang. The judge, Martin Nolan, noted Byrne's depression medication and the gang's threats, and said the 21‑month term was the lowest he could impose under the circumstances. Ian Byrne pleaded guilty.

2023-12-04 · Ireland

Father who led 'campaign' of rape and sexual abuse against daughter from age of 3 gets 11.5 years

A 51‑year‑old man was sentenced to 11 years and nine months in prison, with a three‑month suspended portion, for a series of sexual and physical abuses against his four daughters. The court heard that the defendant subjected his eldest daughter, now 17, to a "campaign of sexual abuse" from age three to thirteen, including sexual assault, oral rape and child cruelty, and that he also pleaded guilty to child cruelty against each of his other daughters, aged 25, 22 and 15. The abuse took place in the family home in the south‑east of the country. The judge noted the victims' bravery in coming forward and the severe harm inflicted, but also considered mitigating factors such as the defendant's guilty plea, remorse, cooperation with investigators and lack of prior convictions.

2023-12-04 · Limerick

Christy Keane's sister caught with €124k stashed in attic, court hears

The Special Criminal Court adjourned the sentence hearing for Sandra Hehir until January 29, remanding her on continuing bail until that date. Hehir, 56, of Limerick City, pleaded guilty in October to handling €124,055 in cash found in her attic, knowing or believing it was the proceeds of criminal conduct. Prosecution evidence described her as the sister of Christy Keane, identified as the patriarch of the Keane Organised Crime Group, and the mother of Warren Hehir. Sergeant Cathal O'Sullivan stated that gardai considered her a key facilitator in acquiring assets for Kilmurry Court, noting her financial accounts were not in line with her legitimate income from hairdressing and pensions. The court also heard that Warren Hehir (33) and his wife Vicky Hehir (30), both of Castleconnell, Co Limerick, had pleaded guilty to money laundering charges related to €59,000 spent on works at Kilmurry Court. Warren Hehir additionally pleaded guilty to handling a Rolex watch suspected to be criminal proceeds. While the source text mentions a previous sentencing date of January 22 for the Hehir couple, the current procedural stage for Sandra Hehir is an adjournment to January 29. No final sentence was imposed at this hearing.

2023-12-04 · Wicklow

Ex Michael Lynn solicitor tells trial she had no knowledge of borrowings, money transfers

During a Dublin Circuit Criminal Court trial, former Michael Lynn solicitor Fiona McAleenan denied any knowledge of Mr Lynn's bank borrowings and claimed she had never been a partner in the practice. Mr Lynn, aged 55, faces 21 theft counts for allegedly stealing about €27 million from seven banks between October 2006 and April 2007. McAleenan said she had only been appointed partner in October 2006 and that she had never been a partner before or after leaving the firm. She denied involvement in any bank transfers or money movements, stating she was unaware of the lending or the amounts. The prosecution's case alleges Mr Lynn secured multiple mortgages on the same properties while banks were unaware of other lenders. McAleenan's testimony concluded after the judge thanked her for her attendance, and the trial continues before Judge Nolan and a jury. Fiona McAleenan pleaded not guilty.

2023-12-04 · Ireland

Dun Laoghaire pier traders challenge council's decision to revoke their licences

Two long‑time casual traders at Dun Laoghaire's East Pier, Bryan O'Kane of "Bryan's Coffee" and David Harper of "Say Fish", have filed a High Court challenge against Dun Laoghaire Rathdown County Council's decision to revoke their trading licences. The council announced the revocation in August without prior warning, citing alleged obstruction of pedestrian and vehicular traffic, littering and nuisance caused by their equipment. O'Kane argues that he has addressed all concerns, upgrading his generator, installing a sound barrier, and maintaining a bin at his kiosk, and that any loading occurs during off‑peak times. He also claims difficulty obtaining complaint details through freedom of information requests before the decision. Represented by David Kennedy SC and Katherine McGillicuddy BL, the traders seek orders quashing the revocation, declarations that the council acted unreasonably and in breach of fair procedures, and damages. Ms Justice Niamh Hyland granted them permission to proceed and allowed them to apply for a stay if necessary.

2023-12-04 · Limerick

Man claiming disability allowance stashed crime cash inside socks, jacket

During a major Garda operation in Limerick, Dermot McManus, a 53‑year‑old claimant of disability allowance, was found to have hidden €28,550 and £11,795 in cash inside socks and a jacket pocket at his home. McManus, who had no tax history and was unemployed, had paid off the mortgage on his house and had 22 prior convictions, including burglary of a solicitor's residence. He pleaded guilty to three money‑laundering charges relating to the cash and to handling a white Mercedes Sprinter van. The Special Criminal Court heard that the cash had been deposited and withdrawn from a credit‑union account, suggesting laundering activity. McManus's partner was charged with possession of the same cash but the charges were later dropped. The court remanded him on bail until January 22, 2024, when sentencing will occur.

2023-12-04 · Meath

Brothers jailed for combined 12 years for 'savage' fatal attack on 55-year-old man

Two brothers, Ian (34) and Daniel (43) Connaghan, were sentenced at the Central Criminal Court for a 2019 attack that killed 55‑year‑old Michael 'Mick' Mulvey. The jury found them not guilty of murder but guilty of manslaughter (Ian) and assault causing serious harm (Daniel). Ian received a nine‑year sentence with the final year suspended for three years; Daniel received five years with the final year suspended for three years. The court described the assault as "savage, cold‑blooded and cowardly," noting that Mulvey was a slight, unarmed victim who offered no resistance. The sentencing judge highlighted the brothers' lack of remorse and the brutal nature of the attacks, while acknowledging mitigating factors such as Ian's lack of prior convictions. No verdict was recorded on the assault charges for either brother.

2023-12-01 · Dublin

Complainant tells trial he drank up to 9 pints with teacher and awoke to being sexually assaulted

In a Central Criminal Court trial, a 45‑year‑old complainant testified that he had known a now‑59‑year‑old teacher, who is unnamed for legal reasons, from his school. The complainant said they had socialised, often drinking alcohol, and that on one occasion in late 1995 they drank eight or nine pints together. He then went to the teacher's house, where both slept in boxer shorts and t‑shirts. The next morning the complainant woke to find his boxer shorts pulled down and the teacher performing oral sex on him. He described shock and delirium, and that he later performed oral sex on the teacher after being told "It's your turn now." The complainant denied giving consent and said the act was non‑consensual. He also admitted to smoking cannabis and other drugs that night. He had not reported the incident until a statement to the Gardaí in April 2019, after therapy. The unnamed 59-year-old pleaded not guilty.

2023-12-01 · Dublin

Driver who caused death of Deliveroo motorcyclist avoids jail

A 59‑year‑old woman, Kim Ng Swan, pleaded guilty to careless driving causing the death of 36‑year‑old Deliveroo motorcyclist Jose Eduardo Silba Pereira. The incident occurred on Kimmage Road West on 30 December 2021 when Swan turned right and failed to see Pereira's motorbike coming from the opposite direction. The collision threw Pereira from his bike and he died at the scene. The court noted no speeding, distraction or phone use, but that Swan did not see the motorbike within the eight seconds it was visible on her dashcam. Judge Orla Crowe, hearing the case, found no aggravating factors and several mitigating circumstances, including Swan's lack of prior convictions, community work and remorse. She was sentenced to nine months' imprisonment, fully suspended, and disqualified from driving for one year. The sentence reflected the tragic nature of the accident and the absence of animosity from Pereira's family.

2023-12-01 · Dublin

Moving drugs turned out to be 'worst nightmare' for family man seeking answer to money woes

Dennis Menton, a 34‑year‑old father of five from Rathcoole, pleaded guilty to possession of 30 kg of cannabis for sale or supply outside his home. He was caught after Garda officers, acting on confidential information, stopped him while he parked a rental car and discovered the drugs in a second vehicle. Menton admitted transporting the drugs on five to six occasions over the past three months, earning €2,000 per job. He had no prior convictions and had been working multiple jobs to meet financial obligations. The court noted his early guilty plea, cooperation, good work record and family responsibilities. The offence carries a mandatory 10‑year sentence, but the judge departed from that and imposed a five‑and‑a‑half‑year term, citing mitigating factors. Menton has expressed remorse, is attending counselling and has considered studying community addiction studies. The court accepted his statements that the drugs were cannabis, a less harmful substance than cocaine or heroin.

2023-12-01 · Dublin

Knife robber spent seven years living 'crime free' life

Laurence Maguire, 47, pleaded guilty to two robberies and an assault at Dublin Circuit Criminal Court. He had been on the run for seven years after a bench warrant was issued in 2016, during which time Gardaí could not locate him. In June 2023 he surrendered and has been in custody since. The first robbery occurred at Courtview, Rathbourne, where he forced a woman to drop her bags, stole a River Island handbag containing about €30, bank cards and a DKNY watch, and left her with a sore neck and a cut. The second robbery took place on Glasnevin Avenue, Ballymun, where he attempted to seize a woman's bag, injured her husband with cuts to his face and hand, and stole a Marks & Spencer handbag. Gardaí recovered the vehicle, bank cards, and evidence linking Maguire to the incidents. He admitted to possessing a knife and having a drug addiction, and has 17 prior convictions.

2023-12-01 · Dublin

Woman told to find hiding place for €400k in heroin

Sharon Hickey, 45, of Kilmainham, Dublin 8, pleaded guilty to possessing 2.9kg of heroin for sale or supply outside the Lamplighter pub in Dublin 8 on April 12, 2022. She appeared before Judge Elma Sheahan in Dublin Circuit Criminal Court, where she admitted to the charge. Gardaí reported that Hickey was intercepted after receiving a bag containing the drugs and €500 in cash from co-accused Gregory Dunne. During interview, Hickey stated she was instructed to find a hiding place for the drugs to settle a drug debt, for which she was to be paid €500 and have her debt reduced. Her defence counsel highlighted her difficult childhood, addiction struggles, and a certificate in addiction studies, urging leniency. Hickey has one previous conviction for larceny from the 1990s. Judge Sheahan adjourned the case for finalisation on January 12, 2024. Co-accused Gregory Dunne, 39, of Dublin 7, had previously pleaded guilty to the same charge. In October, Judge Sheahan sentenced Dunne to eight years' imprisonment, with the final year suspended on strict conditions.

2023-12-01 · Dublin

Pair who 'terrorised' woman over child's drug debt get fully suspended sentences

Two teenagers, Jamie Agemoh (20) and Wayne Dennis (21), were sentenced at Dublin Circuit Criminal Court for intimidating a 51‑year‑old woman over her son's drug debt. Agemoh, who had previously been convicted of a firearms offence, pleaded guilty to demanding money with menaces and was given a two‑year, three‑month prison term, fully suspended for four years with conditions including one year of probation. Dennis, who had no prior convictions, pleaded guilty to a single count of demanding money with menaces and received a twelve‑month sentence, fully suspended. The court noted Agemoh's repeated demands between May and June 2020, which resulted in the woman paying over €2,500. Both men were described as having acted to intimidate the victim, with Agemoh's behaviour deemed "terrorising" and Dennis serving as a "body man.".

2023-12-01 · Dublin

First fireman on Stardust scene tells of finding victims 'huddled together'

The first emergency responder, Dermot Dowdall, described arriving at the Stardust nightclub at about 1.49 am, after a call from John Fitzsimons warned of a potential loss of up to 200 people. He found a circle of victims huddled together on the dancefloor, their heads down, and noted the fire had already been intense, venting through the roof and largely extinguished by the time he and a colleague reached the scene. Dowdall and his team focused on rescuing those in the toilets, transporting eight severely burned girls and a boy to St James Hospital. He later assisted in searching for bodies, describing the scene as gruesome and noting that many victims were already deceased when he arrived. The fire's rapid spread and high heat were highlighted as key factors in the tragedy.

2023-12-01 · Dublin

Violent on-bail robber who repeatedly stamped on victims' heads has jail term more than doubled

Jordan Lee, 25, was sentenced to two years in prison in April 2023 for a violent robbery that left two teenagers, aged 18 and 19, unconscious after they refused to buy drugs in Dublin city centre. Lee, who was on bail at the time, struck one teen on the head and repeatedly stamped on his head, while a co‑accused struck the other teen. Both men then stole the teens' pockets and fled. The State appealed the sentence, arguing it was unduly lenient. The Court of Appeal, after viewing disturbing CCTV footage, found the original two‑year term too low and increased the pre‑mitigation headline sentence to seven years. The judge set a post‑mitigation headline sentence of five years, suspended six months, and back‑dated the custodial term to start after the expiry of a separate 11‑month sentence on 6 June. Jordan Lee pleaded guilty.

2023-12-01 · Dublin

Notorious sex offender jailed for breaching public transport order

Anthony Goodman, a 78‑year‑old sex offender with no fixed abode, was jailed for 12 months after a Garda detective spotted him attempting to board a Luas tram at Smithfield. Goodman had a sex offender order issued in August 2017 that barred him from using public transport without prior Garda notice. The detective, Fergus Grant, approached Goodman, who admitted he had knowingly violated the order and had decided to "take a chance." Goodman had 213 prior convictions, including sexual assault, indecency, breaches of a sex offender order, burglary, arson and threats to kill, and was already serving a sentence for another offence. Judge Dara Hayes noted Goodman's age, frailty and cooperation, but imposed a 12‑month sentence, crediting him for time already served. The order had previously prevented him from riding a bus without informing Gardaí. The case was heard at Dublin Circuit Criminal Court. Anthony Goodman was found guilty.

2023-12-01 · Ireland

Detective banned from motorbikes over ear condition but allowed to shoot guns loses discrimination claim

A Garda detective with a long‑standing ear condition, who had undergone multiple surgeries and was found to have moderately severe conductive hearing loss, brought an equality claim under the Employment Equality Act 1998. He argued that the force had discriminated against him by forbidding him from riding motorbikes, which he had previously used for training, while still allowing him to perform firearms duties. The detective's representative, James McEvoy, claimed the denial of motorbike access denied the detective opportunities to develop skills and was a discriminatory decision. The tribunal heard that the detective had repeatedly passed fitness tests for firearms duties, and that an assistant chief medical officer had assessed the risk of motorbike noise as not significant for the left ear but potentially serious for the right ear. The adjudicator, Michael MacNamee, concluded that the force had not discriminated against the detective and dismissed the complaint. The decision also rejected a related penalisation claim.

2023-12-01 · Wicklow

Cervi jailed for life for murdering innocent dad-of-three in notorious Bray Boxing Club shooting

At the appeal stage, Gerard Cervi was found guilty of murdering Robert 'Bobby' Messett (50) at Bray Boxing Club, Bray Harbour, Co Wicklow on June 5, 2018. Cervi had pleaded not guilty to the murder charge and also to the attempted murders of Mr Taylor and Ian Britton on the same date and at the same location. However, a jury unanimously found him guilty of the murder of Mr Messett, despite acquitting him of the attempted murder charges. Following today's hearing, Mr Justice Karen O'Connor sentenced Cervi to life imprisonment. The victim's children, Demi and Gary Messett, addressed the court during the sentencing hearing, expressing their grief and frustration over the senseless nature of the crime. No motive was ever advanced for the shooting, and it was confirmed that Mr Messett was not the target. Cervi, who has been in custody for over five years since his arrest in September 2018, was convicted last week after two trials lasting a combined 17 weeks over a two-year period. The matter was adjourned at the appeal stage and was never described as concluded or finalised.

2023-12-01 · Louth

Contractor who defrauded finance company out of €369k avoids jail for second time

In December 2023 the Court of Appeal upheld a decision that Pearse O'Connor, a 41‑year‑old contractor from Dundalk, would not serve jail time for a second time after a fully suspended five‑year sentence was deemed too lenient. O'Connor had pleaded guilty in April 2021 to six charges of invoice fraud and fraudulent trading, having used false invoices to secure €369,000 from Keys Commercial Finance to keep his company afloat during financial hardship in 2015. The original trial court had suspended the entire sentence and banned him from directing a company for life. The appeal court noted that the offence involved large sums over several months and that the custodial threshold had been crossed, but it also recognised O'Connor's ongoing efforts to reform, including addressing an alcohol problem and maintaining family responsibilities.

2023-12-01 · Dublin

Trustees claimed they are being 'gagged' at Retired Civil Servants Association AGM

The trustees of the Retired Civil and Public Servants Association—Mary Farrell, Frank O'Dwyer and Matthew Ryan—have filed a High Court action claiming the association's governing council has refused to allow them to raise a series of motions at the upcoming AGM. The motions would address alleged financial and corporate management issues, including the level of subsistence and travel expenses paid by council members, the auditing of the association's accounts, the appointment of auditors, and the lack of audited accounts for 2022. The trustees also seek to discuss alleged unauthorised county‑level accounts, pre‑signed cheques, a €30,000 tax settlement following a protected disclosure, potential GDPR‑related data destruction, and why they were censured for questioning the 2019 accounts. They argue that the council's refusal to include these motions effectively "gags" them and could damage the organisation.

2023-12-01 · Ireland

Ex-Twitter exec fails in bid to claw back holiday pay

In a case heard by the Workplace Relations Commission, former Twitter executive Robert Talbot sought €13,000 in unpaid statutory annual leave from Twitter International Unlimited Company. Talbot had agreed in May to take redundancy from his €167,000‑a‑year role in exchange for an ex‑gratia payment of €73,000. He claimed Twitter failed to pay €12,883 for unused leave accrued in 2022. Twitter's counsel, Mark Curran BL, argued the claim was a private contractual matter outside the WRC's jurisdiction, noting Talbot had waived his right to an employment rights claim by signing the ex‑gratia agreement. The adjudicator, Elizabeth Spelman, held that severance agreements must inform workers of their rights and that consent must be informed. She found Talbot had signed with informed consent and therefore the WRC had no jurisdiction to hear the claim.

2023-12-01 · Kilkenny

'He had it coming': man stabbed brother-in-law to death after wife affair row

In a Central Criminal Court sentencing hearing, Andrew 'Andy' Cash, aged 30, was found guilty of manslaughter for stabbing his brother‑in‑law, John 'Johnny' Cash, to death on 3 May 2022. Cash claimed he had been drinking and taking tablets when he "snapped" after a dispute with his wife, Elizabeth, who alleged that Cash believed his wife had been intimate with Johnny for years. The court heard that Cash had a knife in his car, which he used to stab Johnny twice, one wound penetrating the heart. A jury had earlier returned a 10‑2 majority verdict of not guilty of murder but guilty of manslaughter, and not guilty of assault causing harm or production of a knife. Cash's defence argued that he suffered a sudden loss of self‑control, but the court accepted the manslaughter conviction. Ms Justice Eileen Creedon will pass sentence on 19 February.

2023-12-01 · Longford

WRC says it needs to hear from HSE over nurse who claims he was fired after raising care concerns

A nurse has lodged complaints with the Workplace Relations Commission alleging he was dismissed from his position after raising concerns about patient care at a residential centre in Co Westmeath. Luke Woods worked as an agency employee at the Rahugh Residence in Tyrellspass between September 2020 and April 2021, and has brought claims under the Protection of Employees (Temporary Agency Work) Act 2012 and the Unfair Dismissals Act 1977. The HSE contests the dismissal claim, arguing Mr Woods was an agency worker and therefore not subject to its dismissal procedures. At a hearing, the HSE's HR officer stated Mr Woods remained employed and had averaged 147 hours monthly since starting. Mr Woods contended he was removed from the roster without explanation following a meeting on 13 April 2021 where he had raised concerns about missing documents. Adjudicator Janet Hughes directed the HSE to provide detailed evidence regarding the complaint investigation and the circumstances surrounding the April meeting. The hearing has been adjourned pending further submissions from the Health Service Executive.

2023-11-30 · Kerry

Woman who said receiver was trying to sell apartment after mortgage was paid resolves action

Elizabeth Theresa Mansfield, a retired nurse and full‑time carer, brought a High Court action against Pepper Finance Corporation (Ireland) DAC, its receiver Sharon Barrett of Kroll Advisory, and auctioneer Ger Carmody Auctioneers, claiming that the receiver was attempting to sell her fully paid apartment at Kings Court Apartments, Manor West, Tralee, Co Kerry. Mansfield said she had repaid the €82,000 mortgage in full in early November after retiring, yet the receiver had not withdrawn the property from sale and had failed to engage with her. She also alleged she was owed €13,000 from rental income and that the management company had not communicated with her. The case was resolved after settlement: the property would no longer be sold, the receiver discharged, and Pepper would receive rental income. The High Court struck out the proceedings, praising the parties' efforts for a sensible resolution.

2023-11-30 · Dublin

Developer says D7 properties 'unlawfully taken over', being used for raves

In a High Court case, Garvagh Homes Limited claims ownership of several Dublin 7 properties, including a former carpet showroom and a garage, and alleges they have been unlawfully occupied by trespassers for months. The company says the occupants are using the sites for raves, gigs, Irish language classes, herbal workshops, fitness classes and selling alcohol, all advertised on social media. Garvagh also cites a recent fire safety notice from Dublin City Council that will take effect on 8 December. The company seeks injunctions to force occupants to vacate, stop trespassing and hand over possession. Named defendants, including Shane O'Brien, Jem Cleaver, Emily Martin and others, deny the allegations, claim valid agreements to reside, and contest the safety and alcohol claims. Judge Rory Mulchay granted a temporary limited injunction restraining the named defendants from activities on the properties but did not order immediate eviction, noting the fire safety notice and awaiting the full injunction application before Christmas.

2023-11-30 · Dublin

Complainant tells sex assault trial of feeling like he was 'looking down' on himself

In a trial before Mr Justice Alexander Owens, a 59‑year‑old complainant described feeling helpless and unable to react when he woke to find the accused man, who is unnamed for legal reasons, sexually assaulting him. The complainant said he had gone to a friend's house in early 1994 for a drink, where he unexpectedly met the accused. He later went to bed in a double bed with the accused, both in boxer shorts, and slept on the right side of the bed. He claimed he woke to his face and neck being licked, with the accused's hard penis against his bottom and a foot grappling his boxer shorts. He said the accused was gyrating against him. The complainant also stated he did not confront the accused the next morning and that he was in a state of semi‑freeze, looking down on himself and unable to react. The unnamed 59-year-old pleaded not guilty.

2023-11-30 · Dublin

'Cowardly' robber who targeted women in their 80s gets 4.5 years

Darren Martin, aged 48, of Bride Road, Dublin 8, has been sentenced to four and a half years imprisonment at Dublin Circuit Criminal Court following his guilty pleas to two robberies of elderly women in March 2022. The offences occurred in Dublin 8, where Martin targeted women in their 80s on consecutive days, snatching handbags and a walking stick. Judge Elma Sheahan noted that Martin had robbed the victims not only of property but of their peace of mind. Martin's previous convictions for robbery and other offences were cited as aggravating factors. The court heard evidence of the distress caused to both women. The defence noted Martin's struggles with drug addiction and mental health difficulties. Martin received credit for time already spent in custody.

2023-11-30 · Dublin

Mum-of-two like 'vicious animal' during racially-motivated attack, court hears

Chantal Johnston, 37, of Clonard Road in Crumlin, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm and dangerous driving. The charges relate to an incident at Domino's Pizza on the Crumlin Road in the early hours of July 9, 2022. Prosecutors alleged that Johnston racially abused a part-time delivery driver, calling him a "bloody foreigner" and a "little Paki," before pushing, punching, kicking, and biting him. She was further accused of driving her car toward the victim in a threatening manner and threatening to kill him. The victim, who described the attack as being like a "vicious animal," stated in a victim impact statement that the racially motivated incident caused him lasting physical pain, anxiety, and depression. Defense counsel Seoirse Ó Dúnlaing BL submitted that Johnston, a mother of two, had taken an excessive amount of anti-depressants and was under the influence. He offered a fulsome apology and noted she had no previous convictions. Judge Orla Crowe expressed disappointment with the apology, stating she was "utterly underwhelmed" given the personalized and racial nature of the attack. The judge agreed to defer the sentence and ordered a probation report, suggesting probation services might propose a form of restorative justice. The matter was adjourned for finalisation to March 11 next year.

2023-11-30 · Dublin

Stardust survivor said he heard youth claim he knew who 'started' fire

During the inquest into the 1981 Stardust nightclub fire, a patron named Stephen Keogh testified that he saw about six male youths scuffling near the area where the blaze began. He described a small flame appearing a few minutes later, followed by the ceiling engulfing in flames. Keogh recounted seeing a girl running toward exit two in a ball of flame, and his attempt to open an exit door that failed. He later heard a youth, described as about 16‑17 years old, 5‑3 inches tall, well‑built with reddish blond hair, say, "It's alright, I know who started it." Keogh also noted that the youths and two others moved toward the main entrance searching for the person who had started the fire. The testimony was read into the record at the Dublin District Coroner's Court as part of the inquest into the fatal blaze that killed 48 people.

2023-11-30 · Dublin

Case of man who had gang rape conviction quashed was not a miscarriage of justice, appeal court rules

In November 2023 the Court of Appeal ruled that the quashing of Darren Thompson's gang‑rape conviction was not a miscarriage of justice. Thompson, 30, had been jailed for six years with two years suspended after a 2017 jury conviction for raping a 21‑year‑old nightclub patron. In 2020 the conviction was overturned when the Director of Public Prosecutions did not oppose his application, but no retrial was ordered. Thompson's lawyers sought a miscarriage‑of‑justice certificate under Section 9 of the Criminal Procedure Act, arguing that undisclosed Garda and Tusla documents – relating to unfounded child‑sexual‑abuse complaints made by the complainant – were a newly discovered fact. The three‑judge panel found the failure to disclose was a "human error", not bad faith, and that the material would not have been decisive. Consequently the court denied the certificate, stating the error did not amount to a fundamental defect in the administration of justice. Darren Thompson pleaded not guilty.

2023-11-30 · Cork

Mum fails in bid to set aside plea of guilty to harassing doctor

In November 2023 the Court of Appeal rejected a mother's attempt to set aside her guilty plea for harassing a doctor at Temple Street Hospital. Marlies Walsh, 51, had pleaded guilty in 2022 to one count of harassment after repeatedly contacting the doctor by phone and email between 2017 and 2020 while her son awaited a kidney transplant. She argued that she was under duress and that her lawyers had given ineffective assistance, but the appeal court found no evidence of coercion or inadequate representation. The court noted that Walsh had been under significant stress but had understood the implications of her plea. The judge also dismissed her claim that the Garda investigation was flawed, stating that such matters were for trial. Walsh will appeal the severity of her suspended two‑year sentence at a later hearing.

2023-11-30 · Ireland

Traveller workers who blew whistle on 'deeply dysfunctional' community organisation win 2.5 years pay

Two low‑paid Traveller workers, each earning €84 a week as part‑time community welfare officers, were awarded nearly €11,000 each by the Workplace Relations Commission for whistleblower penalisation and discrimination. The Commission upheld complaints under the Protected Disclosures Act 2014 and the Employment Equality Act 1998 after the workers had written letters about the organisation's management, safety protocols during Covid‑19, and lack of phone and broadband allowances. They claimed they were removed from a conference call on 28 September 2021 and denied access to later meetings, while non‑Traveller staff were not removed. In January 2022 they received notices of alleged misconduct, which they denied. An external investigation in April 2022 confirmed many of their concerns, describing the organisation as deeply dysfunctional. The adjudicator awarded each woman €6,552 for whistleblower penalisation and €4,368 for discrimination, totaling €10,920.".

2023-11-30 · Dublin

Chainsaw murderer Paul Wells Snr fails in bid to overturn conviction

Paul Wells Snr, aged 55, was convicted of murder after shooting Kenneth O'Brien in the back of the head and dismembering him with a chainsaw, disposing of the torso in a suitcase found in the Grand Canal. He claimed self‑defence, arguing he shot O'Brien when the gun fell and he feared being shot. His lawyers argued the trial judge's charge to the jury was incoherent and that the burden of proof was reversed. The Court of Appeal dismissed the appeal, stating the judge had adequately instructed the jury on self‑defence and that no fundamental injustice had occurred. Wells was sentenced to life imprisonment in November 2018, with no mention of a suspended portion or effective custody in the article. The case involved the discovery of O'Brien's torso and other body parts in the canal, and a history of financial transfers between the parties. The appeal was rejected in its entirety.

2023-11-30 · Westmeath

Mum-of-four jailed for life after she admits murdering two of her children in car fire

A 49‑year‑old mother, Lynn Eagar, was sentenced to life imprisonment after pleading guilty to murdering her two children, Thelma (5) and Michael (2), by setting fire to the car they were travelling in. The court heard that Eagar had sent text messages before the incident expressing that she believed the children would no longer suffer. She admitted to placing petrol in the rear footwell of a blue Lexus and igniting it, causing the vehicle to burst into flames. The children died; Eagar sustained minimal burns and was rescued by a passerby. She had no prior convictions and had been in custody since September 2022, later transferred to the Central Mental Hospital. The judge imposed a mandatory life sentence for each count of murder, expressing sympathy for the bereaved family. The summary is 140 words.

2023-11-29 · Dublin

Jail for criminal with 190 priors who callously stole from wheelchair user

Patrick McNamee, 42, was sentenced to four and a half years in prison for stealing €200 from a 69‑year‑old wheelchair user in Cork. McNamee, who has 190 prior convictions, pretended to be a home carer, entered the victim's home uninvited, forced him into a wheelchair, and took him to a local Spar shop to collect his pension. He later returned to the house, found the pension withdrawn, and took the cash from the victim's armchair. The victim did not file a victim impact statement. McNamee admitted the theft, apologized, and claimed drug addiction had influenced his actions. The judge, after considering his personal circumstances and prison conduct, reduced a headline sentence of six years to the current term, backdated to June 26.

2023-11-29 · Dublin

Woman admits posting photo of Ana Kriégel murderer

Leeanda Farrelly, aged 49, admitted on 29 November 2023 that she posted a Facebook photo on 19 June 2019 of 'Boy A', one of the two 13‑year‑old boys who murdered 14‑year‑old Ana Kriégel in May 2018. The photo was likely to lead to his identification, contravening the Children Act's prohibition on publishing images that could identify child offenders. Farrelly will be sentenced at Dublin Circuit Criminal Court on 22 February next year. The case remains at the sentencing stage, with no further judicial outcome reported in the article. Leeanda Farrelly pleaded guilty.

2023-11-29 · Ireland

Third complainant tells trial he didn't have courage to report alleged sex assault by himself

In a trial for sexual assault, a 54‑year‑old complainant, the third to give evidence, explained that he did not report the alleged incident to the Gardaí until 2021, citing a lack of courage and a belief that the matter might not warrant police involvement. He recounted that in early 1994 he and the accused, a 59‑year‑old man, were in a double bed after a night of drinking. While asleep, the complainant says the accused licked his face and neck, pressed a hard penis against his lower body, and performed repetitive thrusting. The complainant described feeling frozen and later giving the accused physical resistance. He said the incident was humiliating and that he chose to keep it to himself until making a formal statement in 2021. The case is proceeding before Mr Justice Alexander Owens and a jury. The unnamed 59-year-old pleaded not guilty.

2023-11-29 · Cavan

Witness says murder accused told him knife victim had died of heart attack

A witness at the Central Criminal Court murder trial testified that the accused woman told him the death of Juris Viktorovs resulted from a heart attack rather than stabbing. Paul Troy recounted that Nicola Brennan, aged 33, of no fixed abode, characterised the fatal wound as shallow when he questioned her about the incident. Brennan has pleaded not guilty to murdering Viktorovs, a 36-year-old Latvian national, at Shillelagh, Ballyconnell, County Cavan, on 10 February 2022. During cross-examination, the defence challenged Troy's account of the conversation, with counsel suggesting the accused did not make the statements attributed to her. Troy maintained that his statement to gardaí at the time was truthful. Another witness, Macislavs Obruzcovs, described finding Viktorovs on the floor with a small mark on his chest and no visible bleeding. The trial before Mr Justice Paul McDermott continues.

2023-11-29 · Dublin

Stardust survivor tells inquest of moment she knew husband had died

Marie Hogan, a survivor of the Stardust nightclub fire, testified at an inquest about the moment she realised her husband Eugene 'Hughie' Hogan (24) was dead. She described the fire's rapid spread, the smell of burning, and the collapse of the roof where they had been seated. Hogan recounted being pushed through blocked exits, the smoke filling the room, and a young man pulling her out while others were trapped. She noted that the roof collapsed over the spot where Hughie had been, confirming his death. Hogan also mentioned finding Eugene's brother Bernard in hospital with burns. The inquest heard additional accounts from Doreen Desmond and Joan Melia, detailing the fire's speed, the blocked exits, and the chaotic escape. The hearing continues tomorrow at the Rotunda Hospital.

2023-11-29 · Dublin

Mum-of-seven admits holding €47k in heroin found stashed in schoolbag

Antoinette Geoghegan, 37, of Cushlawn Park, Tallaght, pleaded guilty at Dublin Circuit Criminal Court to possession of a controlled drug for sale and supply on 15 February 2022, and to possession of €2,180 as proceeds of crime. A Garda raid on her home uncovered a schoolbag near the front door containing 11 large bags and 24 smaller packets of heroin, totalling 341 g and valued at €47,782. The bag also held 41 g of crack cocaine, valued at €2,887, €2,180 in cash, weighing scales and two mobile phones. Geoghegan admitted she was holding the heroin for others and that she intended to sell the crack cocaine. She has two prior convictions, including assault causing harm in 2005. The court adjourned the case to 22 March 2024 for finalisation, with a probation report to be prepared.

2023-11-29 · Ireland

77-year-old gets trial date for historic rape and abuse charges

A 77‑year‑old man, whose name is withheld for legal reasons, faces trial next year for historic sexual offences. He is accused of one count of rape and nine counts of indecent assault. The Central Criminal Court, hearing the case, set a trial date of 8 July 2024, expecting it to last about two weeks.

2023-11-29 · Ireland

Postman unfairly sacked after getting probation for assault charge awarded €5k

Paul Dudgeon, a 14‑year‑old An Post postman, was dismissed after a criminal case involving a theft and assault charge. He was convicted of theft and assault in December 2020, appealed, and the Circuit Court quashed the theft conviction and reduced the assault conviction to a probation order under the Probation Act, requiring six months abstinence from alcohol and no contact with his ex‑partner. Dudgeon claimed he had paid the €6,000 fine, had no prior convictions, and believed he had a clean record. An Post dismissed him in September 2021, citing "serious shortcomings in your behaviour" and alleging he had brought the service "into disrepute." The Workplace Relations Commission found the dismissal unrelated to the criminal conduct, awarded Dudgeon €5,000 compensation, and upheld his complaint under the Unfair Dismissals Act 1977. The decision emphasized that the dismissal was not justified by the court outcome or the alleged conduct.

2023-11-29 · Meath

'Chihuahua' murderer launches bid to overturn conviction

In 2017, Josh Turner, aged 31, was convicted of murdering Christopher Nevin in Navan after a dispute over a chihuahua. Turner was sentenced to life imprisonment. He now seeks to overturn his conviction on appeal, arguing that the trial judge erred in how he directed the jury on the defence of provocation and self‑defence. Turner's counsel contended that the judge incorrectly suggested the onus of proving provocation lay with the defence and failed to allow the jury to consider provocation in the context of violence against a third party. The State's counsel replied that the judge's charge was clear and that the jury had rejected provocation based on the facts. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage. Josh Turner pleaded not guilty.

2023-11-28 · Limerick

First all-female panel presides at Court of Appeal

In a historic hearing, the Court of Appeal's first all‑female panel—Ms Justice Isobel Kennedy, Ms Justice Tara Burns and Ms Justice Úna Ní Raifeartaigh—considered an appeal by John O'Donoghue, 54, who was convicted in November 2021 of assault causing serious harm and violent disorder at Bothar Buí, Rathkeale. O'Donoghue, jailed for ten years, argued that the prosecution failed to disclose a Garda notebook to the defence before the trial. The notebook, containing a description of the scene, was slid across the table by the prosecution while the Garda was giving evidence, a move described by Ms Justice Kennedy as "most unsatisfactory." O'Donoghue's counsel claimed the lack of disclosure prejudiced the defence, who had already cross‑examined witnesses. The panel noted the issue but, after hearing arguments from the State and the defence, said it would reserve its judgement on whether the conviction should be overturned. John O'Donoghue pleaded not guilty.