Court archive

Court reports from 2024

2024-04-08 · Dublin

Man (59) who recorded himself raping grandniece gets 13 years

A 59‑year‑old Dublin man was sentenced to 13 years' imprisonment for raping and sexually abusing his grandniece, aged eight to ten, between 2019 and 2022. He recorded the abuse on his phone and forced the child to record it, producing 19 videos and 1,191 images, of which 377 were unique. The abuse began when the family experienced homelessness and the man became a father‑figure, collecting the girl from school and giving her money. He initially told Gardaí that the girl had "come onto" him and that he was trying to stop her from doing it with someone else. He pleaded guilty to 11 sample counts, including vaginal rape, oral rape, sexual assault, sexual exploitation of a child, possession and production of child pornography, and invitation of a child to sexual touching. The judge, Mr Justice Paul McDermott, described the offending as "appalling" and the recordings as "shocking".

2024-04-08 · Dublin

Thornton's Recycling fined €60k over death of worked killed by defective lorry

Padraig Thornton Waste Disposal Limited, trading as Thorntons Recycling, was fined €60,000 by the Dublin Circuit Criminal Court for health and safety breaches that led to the death of employee Tomasz Orzel in 2020. The court heard that a bin‑lifting lorry used by the company was defective and unsafe on 19 March 2020. The vehicle's footboards, on which workers stood, were damaged, and a proximity sensor switch designed to prevent reversing while the footboards were down had been interfered with by plastic cable ties, aluminium pull rings and additional wiring that shorted the system. The switch's failure allowed the lorry to reverse and strike Orzel. Thorntons pleaded guilty to failing to manage and maintain the vehicle, breaching the Safety, Health and Welfare at Work Act 2005 and related regulations. The company, founded in 1979 and employing 800 people, has since reviewed its vehicle monitoring procedures.

2024-04-08 · Dublin

Abuser who claimed alleged missing evidence about 'healer' made trial unfair loses appeal

A 73‑year‑old pensioner, whose identity is protected, lost an appeal against his conviction for sexually abusing his young daughter in the 1980s. He had pleaded not guilty to two counts of indecent assault but was found guilty on two other counts and sentenced to three years and six months' imprisonment, to run concurrently. The appeal argued that missing evidence from a "healer" and delays in the prosecution had made the trial unfair. The Court of Appeal, led by Justice Patrick McCarthy, rejected the appeal, stating there was no basis that any healer's involvement was relevant to the charges or that missing evidence existed. The judge upheld the trial judge's warning to the jury about delays and found no prejudice against the appellant. The conviction remains in place.

2024-04-08 · Waterford

Man who admits killing mechanic goes on trial accused of murder

Maurice Boland, 36, of Tallow, Waterford, has pleaded not guilty to murder but guilty to the manslaughter of mechanic Cian Gallagher, who was killed on Barrack Street in Tallow on 10 November 2022. The Central Criminal Court will hear the case tomorrow, with a jury of four women and eight men sworn in by Ms Justice Karen O'Connor. The trial is expected to last two weeks and will rely solely on the evidence presented in court, with no independent research or social media engagement permitted.

2024-04-08 · Dublin

Jury cannot make any determination on unborn baby being '49th victim' of Stardust fire

During the fourth day of deliberations in the Dublin District Coroner's Court, the jury investigating the Stardust nightclub fire was informed by coroner Dr Myra Cullinane that they could not formally add an unborn baby as a 49th victim. Dr Cullinane explained that the inquest's remit, directed by the attorney general, covers only the 48 individuals who died in the 1981 blaze. She noted that if any deceased was in early pregnancy, the jury could record this fact on the individual questionnaire, possibly as an addendum to question three regarding cause of death, but this would not change the number of victims. The jury's role remains to determine identity, date, place, and circumstances of each of the 48 deaths and to record a verdict such as accidental death, misadventure, open, narrative, or unlawful killing. The jury will resume deliberations the following day in the Pillar Room of Rotunda Hospital.

2024-04-08 · Limerick

Dundon's murder conviction appeal to be heard 'come what may'

Over fifteen years after the mistaken‑identity murder of rugby player Shane Geoghegan, John Dundon, who ordered the hit, has been assigned a new legal team and will have his appeal against his 2013 murder conviction heard on 22 April 2024. Dundon had previously dismissed his lawyers, claiming they had failed to raise a new ground of appeal that he said had been identified recently. The Court of Appeal granted the withdrawal of his former counsel and allowed solicitor Phelim O'Neill, of Morgan Shelley, to take over. Dundon was also granted free legal aid for the new team. The judges set a strict timetable: motions for new grounds and affidavits must be filed a week before the hearing, and any documents to the State must be served in time for the State to respond. The appeal will proceed on 22 April, "come what may," with no further adjournments expected unless exceptional circumstances arise.

2024-04-08 · Dublin

Man seen handing over loaded gun and later caught in suspicious car 'deeply ashamed', court hears

Ryan Kelly (25), of Crumlin, Dublin 12, pleaded guilty in the Special Criminal Court to possessing a .38 special calibre Smith & Wesson revolver and five rounds of ammunition on November 23, 2021. He was observed handing the loaded firearm to co-accused Anthony Walker (52), of Marrowbone Lane, Dublin 8, who was driving a taxi. Walker also pleaded guilty to possessing the revolver at Tallaght Road, Templeogue, on the same date. The prosecution stated that a nolle prosequi will be entered regarding a separate charge against Kelly concerning participation in a criminal organisation. Walker's ammunition charge remains live, and he faces a further charge of facilitating a serious offence by a criminal organisation. Mr Justice Paul Burns, presiding with Ms Justice Sarah Berkeley and Ms Justice Marie Keane, remanded Kelly in custody until April 22, when he will be sentenced. Walker's sentence hearing was adjourned today until May 7. The court heard that Kelly has nine previous convictions, mostly for public order and road traffic offences, and has never received a custodial sentence. Defence counsel described Kelly as deeply ashamed and noted he had been on strict bail conditions for three years.

2024-04-08 · Dublin

12 years for 'monster' who raped and abused two girls

A 59-year-old man has been sentenced to twelve years imprisonment at the Central Criminal Court for the rape and sexual abuse of two girls during the 1990s and 2000s. The man pleaded guilty to twelve counts relating to sexual offences against the victims when they were young teenagers. The first victim, aged between twelve and seventeen, was abused from 1992 to 1997 by a trusted family employee. The second victim, aged between eleven and seventeen, was abused between 2000 and 2006 by her sister's then-partner. The offences occurred primarily in Dublin and Kildare, with one incident occurring on the road between Sligo and Dublin. Mr Justice Tony Hunt imposed nine-and-a-half years for offences against the first complainant and four consecutive years for the second, suspending the final eighteen months on condition of no contact with either victim and probation supervision.

2024-04-08 · Louth

Lawyers for Aaron Brady concerned about publicity from upcoming trial

Lawyers for Aaron Brady, who shot Detective Garda Adrian Donohoe in 2013, warned that the upcoming trial for perverting the course of justice could generate damaging publicity. Michael O'Higgins SC told the Special Criminal Court that Brady is still awaiting the outcome of an appeal against his murder conviction. If the appeal succeeds, a retrial at the Central Criminal Court, which would involve a jury, may follow. O'Higgins expressed concern that media coverage could influence jurors and plans to apply to the court, citing the Irish Times v Murphy judgment on media reporting. The perverting the course of justice trial was adjourned to allow the defence to consider new evidence. Brady (33) and co‑accused Dean Byrne (30) are charged with conspiring to persuade State witness Daniel Cahill not to testify between April and June 2020, and with recording a video of a witness interview between February and May 2020.

2024-04-08 · Meath

'Ghost employee' was actually Polish woman with limited English, WRC hears

An Applegreen service station manager, Graham Price, was dismissed for gross misconduct after an audit revealed a Polish woman had worked four months without wages and was not registered on payroll. The audit, conducted by Applegreen's regional manager Keith Ennis in February 2022, found discrepancies between point‑of‑sale records and payroll, indicating a possible ghost employee. Ennis questioned the assistant manager about the worker's status, noting she had not been paid for 16 weeks. Price's lawyers argued the delay in onboarding was due to the worker's lack of a PPS number and a backlog following the HSE cyber‑attack. They claimed Price had made best efforts to assist her and that the dismissal was unfair under the Unfair Dismissals Act 1977 and the Minimum Notice and Terms of Employment Act 1973. The tribunal adjourned the case for a later hearing.

2024-04-05 · Dublin

Stardust jury break deliberations for weekend

The jury at the Stardust inquest paused their deliberations for the weekend after completing a third day of considering the causes of death of the 48 victims of the 1981 fire. Coroner Dr Myra Cullinane answered questions the jury had raised about the general questionnaire they received at the start of their deliberations. She had postponed answering these questions until the current sitting. After speaking with the jury before lunch, they returned to the room to resume their work. The jury's role is to determine the identity, date and place of death and the circumstances surrounding each death, and to record a verdict. They can return one of five verdicts: accidental death, death by misadventure, an open verdict, a narrative verdict or unlawful killing. Dr Cullinane explained that the unlawful killing verdict is distinct from the others, requiring proof beyond reasonable doubt, whereas the other verdicts are based on the balance of probabilities.

2024-04-04 · Ireland

Entrepreneur accused of making 'derogatory remarks about Irish people', WRC notes

Fintech entrepreneur Roy Zakka faced a Workplace Relations Commission decision after a former senior employee, Mary O'Dell, alleged that he made derogatory remarks about Irish people during a phone call in late May last year. The tribunal found Zakka's conduct "completely unprofessional" and noted that he blamed an Irish executive for the company's payroll failure and subsequent redundancies. O'Dell, who had not received her salary since 28 April 2023, claimed unpaid wages and unfair dismissal. The WRC awarded her €91,188.13 in compensation and ordered Layer Digital Solutions Ltd to pay €38,819.38 in unpaid wages. The decision also imposed a €52,368.75 compensation award for breach of the Unfair Dismissals Act. The case was heard without Zakka's presence, and no response was recorded from him or the firm. The tribunal also rejected a separate claim by contractor Rodrique Rizk for €12,000, finding he was not an employee at the relevant time.

2024-04-04 · Dublin

Stardust jury seek guidance on verdict questionnaire

On the second day of the Stardust inquest, the jury finished deliberations and sought legal guidance on several issues before returning verdicts on the 48 deaths. In Dublin District Coroner's Court, coroner Dr Myra Cullinane noted that the jury had asked a number of questions. The first concerned question four of the general questionnaire, which referenced factors contributing to the fire's spread. The jurors asked whether they were expected to answer "yes" even if a factor was minor, and whether the question focused on a design flaw. Dr Cullinane explained that the jury was highlighting that a building's ceiling is always a factor in a fire, and that the questionnaire was meant to assess such factors. Evidence had shown the Stardust's west alcove ceiling was lower than statutory height, and fire investigator Dr Will Hutchinson had testified that the low ceiling intensified downward heat, contributing to the spread.

2024-04-04 · Ireland

Finance manager who claimed she'd been treated 'like a waitress' when asked about wine loses discrimination claim

In April 2024 the Workplace Relations Commission rejected Tracey McGann's equality claim against ERS Genomics. McGann, a former finance manager, alleged that CEO Eric Rhodes treated her "like a waitress" when he asked her to order more wine at a company dinner in October 2022. She also claimed discrimination, victimisation and constructive dismissal under the Employment Equality Act 1998. The commission found no evidence of discrimination or victimisation. It held that Rhodes's request for more wine was based on the assumption that McGann held the corporate credit card, a role that could have been held by any staff member regardless of gender. The commission also rejected McGann's constructive dismissal claim, noting that her resignation followed a short notice period and that the company's decision to hire a finance vice‑president was not a reaction to her part‑time request. The adjudicator concluded that none of the allegations amounted to discrimination or victimisation.

2024-04-04 · Dublin

Evidence including Navy tracking data not enough to back up claims by migrant fishermen

The Workplace Relations Commission found that the evidence supplied by migrant fishermen Mohamed Shokr Ghonim and Khaled Elagamy, including Naval Service tracking data, was insufficient to support their claims of working 20 hours a day on the Dublin‑based prawn boat Nausicaa. The tribunal awarded each fisherman €3,500 for breaches of the Organisation of Working Time Act and €1,000 for breaches of the Terms of Employment (Information) Act, but rejected their claims for unpaid minimum wage arrears of €61,649.96 and €65,326.31. The fishermen alleged that they worked up to 20 hours a day, averaging 17 hours at sea, and that the vessel's logs showed discrepancies between recorded times and actual work. The owner, Richard Brannigan, denied the wage claims, arguing that the boat could only operate nine or ten days at sea and that the maximum working day was ten to twelve hours.

2024-04-03 · Dublin

Jurors at Stardust Inquest begin their deliberations

The jury of the Stardust Inquest, after a year‑long hearing with testimony from more than 370 witnesses, began deliberations on 3 April 2024. They will return to the Rotunda Hospital's Pillar Room tomorrow to continue considering verdicts for the 48 young people who died in the 1981 fire at the Stardust Ballroom. The jury has heard 95 days of direct evidence from 373 witnesses. They asked Coroner Dr Myra Cullinane for clarification on the standard of proof for each verdict. She explained that accidental death, death by misadventure, and narrative verdicts require proof "on the balance of probabilities, more likely than not," while unlawful killing requires the "beyond a reasonable doubt" test. She also outlined examples of each verdict and reminded the jury that an inquest is a fact‑finding exercise, not a trial, and that a verdict can only be returned when all jurors agree.

2024-04-03 · Dublin

Migrant worker who said she feared being raped by restaurant colleagues secures over €143k

Sharanjeet Kaur, a chef from India, claimed she was subjected to daily sexual harassment and discrimination at Bombay Bhappa Ltd in Skerries, Dublin. She said the director forced her to withdraw cash from an ATM after receiving her wages, paid her as little as €200 a week, and threatened blackmail and deportation. Kaur alleged that colleagues falsely accused her of improper relations, attempted to blackmail her, and made unwanted sexual advances. She reported being forced to work 50 hours a week for €4.46 an hour, with minimal breaks and a five‑minute lunch. After refusing to comply with the cash‑withdrawal demand, she was dismissed in November 2022. The Workplace Relations Commission found the employer breached the Employment Equality Act, Unfair Dismissals Act, and other labour laws, awarding Kaur €143,268 in compensation and damages. The case was heard in 2024.

2024-03-28 · Meath

Worker put in such long hours her baby didn't recognise her, WRC hears

A former ice‑cream parlour worker, Anita Popa, told the Workplace Relations Commission that she worked up to 90 hours a week, so long that her one‑year‑old son did not recognise her when she finished her employment. She claimed she was underpaid, denied breaks, denied maternity leave, discriminated against and was unfairly dismissed after an alleged assault by a colleague. Popa said the employer produced fabricated rosters and payroll records, which she said were fake and signed by "A.P.", not her. She alleged the company monitored her via CCTV and threatened to replace her after she announced her pregnancy. The employer denied all allegations, stating she was paid for the hours she worked and that the complaints were incorrect. The hearing is ongoing and a further date has not yet been set.

2024-03-28 · Dublin

Five verdicts open to Stardust jury, as members told blame cannot be apportioned

The jury for the Stardust inquests received legal guidance on the five verdicts they may return for the 48 victims of the 1981 fire. Dr Myra Cullinane explained that an inquest is a fact‑finding exercise, not a trial, and that no verdict may apportion blame or identify any person. The available verdicts are accidental death, death by misadventure, an open verdict, a narrative verdict and unlawful killing. Unlawful killing requires a very high degree of failure to observe a necessary course of action, a substantial cause of death, and a standard of beyond‑reasonable‑doubt, but it may not name any individual. The jury must record a verdict for each deceased, may make recommendations to prevent future deaths, but cannot include censure or exoneration. The jury will begin deliberations on 3 April in the Rotunda Hospital.

2024-03-27 · Kildare

Top stud farm bosses 'old fashioned', 'wouldn't know how to log on to online banking', WRC hears

A former employee of Yeomanstown Stud, Gillian Keane, is before the Workplace Relations Commission alleging unfair dismissal and workplace bullying. Keane claims she was treated aggressively by an office manager and that the work environment was hostile, citing a "dreadful atmosphere" that forced her to wear headphones. She also says she was denied access to online banking after her return from sick leave, and that a ledger was "out by €11 million." The stud's owners, Rolline and David O'Callaghan, deny the allegations, stating Keane was aggressive on 1 November and that she had a history of material mistakes. They argue she was offered a severance package of two months' wages, which Keane disputes, saying she only received a written agreement on 17 November. The case will be heard by adjudicator Conor Stokes on a future date.

2024-03-27 · Ireland

Drivers who went unpaid during 'completely disorganised' closure of logistics firm win nearly €90k

The Workplace Relations Commission has ordered Pharmtrans Direct Ltd to pay nearly €90,000 to twelve former drivers for multiple employment law breaches, including nonpayment of wages and unfair dismissal. The hearing concluded with adjudicator Catherine Byrne finding that the company's closure on 16 June 2023 was "completely disorganised" and that director Barry Saul's "failure to act responsibly" caused stress for the workers. Mr. Saul, who stated he had "no money to pay" due to a Revenue diversion of a €97,000 invoice, was criticised for dismissing staff on their payday without notice. The Commission upheld unfair dismissal complaints by eight employees with sufficient service, awarding loss of earnings between €1,384.60 and €3,000. Six employees qualified for statutory redundancy, receiving lump sums totaling €21,914.91, subject to Department of Social Protection confirmation. Additionally, Pharmtrans Direct was directed to pay €38,400.59 in outstanding net wages and holiday pay, and €9,313.30 in notice pay to eleven drivers. The total order amounts to €88,477.72. The complaints were brought by drivers including John Hayden, Shay Brady, and Michael Cahill, who testified that they were informed of the closure by their main client, Uniphar, after being promised a temporary wage payment.

2024-03-26 · Ireland

Insurance company that took salesman's entire final month's wages ordered to pay it back

In a decision by the Workplace Relations Commission, Ur Insurances (Europe) Ltd, trading as Actual Insurances, was found to have no basis for claiming that salesman Alan Rooney owed the company nearly €5,000 in commission. Rooney had resigned in February 2023, and the company had deducted the entire net amount of his final month's gross salary of €2,500, citing a supposed overpayment of commissions. Rooney argued the deduction was unlawful and that the company had not overpaid him at any time. The commission noted that the company had processed the payment through payroll, paid income tax, and then deducted €2,138.58 from his net salary. The adjudicator, David James Murphy, concluded that Rooney was entitled to his full net wages and ordered the company to pay him €2,138.58 for February 2023.

2024-03-25 · Galway

Worker who said she was told job moving boxes was 'only for men' wins €7.5k

Jess Quinn, a temporary employee at SSL Ltd, claimed she was told a manual‑handling vacancy at Merlin Park University Hospital was "only for men" because of the weight of the boxes. She applied for the role after being told her contract would not be renewed. Quinn said she was told at a meeting that the job was unsuitable for her due to her gender and the weight of the boxes, and that only men would be considered. She was not called for an interview and two men were hired instead. The Workplace Relations Commission found the company's statement discriminatory, noting it failed to assess Quinn's physical capability. The commission awarded Quinn €7,500 in compensation under the Employment Equality Act 1998. The decision was made by adjudicator Niamh O'Carroll.

2024-03-25 · Ireland

Bin worker accepted he 'may have' been using phone when he fell from truck

Emmet Kelly, a bin worker, admitted he may have been using a mobile phone when he fell from the back of a refuse collection truck on 6 December 2021 and broke his ankle. He claimed that the incident occurred while he was on the passenger side footboard as the truck turned right on a straight stretch of road, and he could not recall whether his foot or hand slipped first. After the fall, Kelly was issued a final written warning, later downgraded to a first written warning, which was to remain on his personnel file for 24 months from April 2022. He alleged that Bord na Mona Recycling Ltd had subjected him to an unfair disciplinary process in breach of the Safety, Health and Welfare at Work Act 2005. The Workplace Relations Commission rejected his claim, finding no protected act and that the complaint was not well founded. The decision was published on 25 March 2024.

2024-03-25 · Dublin

Senior exec resolves action against employer over alleged demand to stop working from home

Brian Fitzpatrick, a senior executive at Bocomm Aviation Leasing Ireland, settled a High Court dispute with his employer over a claim that the company demanded he stop working from home and instead work from its Dublin office several days a week. Fitzpatrick, who had been working remotely from his home in Danganbrack, Quin, Co Clare for years, said the company had never objected to this arrangement before the alleged demand. He also alleged that the company wrongfully refused to pay him his six‑figure annual bonus. Fitzpatrick sought an injunction to prevent the employer from imposing sanctions, to halt a purported investigation, and to stop interference with his employment terms, as well as an order for full payment of salary and benefits. The case, first heard in February, was adjourned repeatedly for settlement talks.

2024-03-25 · Dublin

Jail for man who drove wife to garda station, where she withdrew assault complaint

A 46‑year‑old man was jailed for 12 months for assault causing harm and a two‑year sentence for witness intimidation, with 12 months suspended on strict conditions. He was convicted after a trial at the Dublin Circuit Criminal Court in February. The case involved his wife withdrawing an earlier assault complaint at a Garda station in October 2020, then later re‑affirming her withdrawal in April 2021. She had initially claimed the husband had spat, hit and insulted her, showing bruises, but later said she was afraid of him. The jury heard her first statement and a medical report, but the judge noted she had not given a victim impact statement. The judge emphasised the seriousness of witness intimidation in a domestic setting and imposed the concurrent sentences, hoping the conditions would deter further incidents. The defendant did not accept the verdict and did not express remorse, though he acknowledged causing some injuries. The unnamed 46-year-old was acquitted.

2024-03-25 · Dublin

Woman (67) took hammer to man's car during senior citizens flower pot row

A 67‑year‑old woman, Bernadette Murphy of Greenore Court, Dublin 2, pleaded guilty to one count of criminal damage after striking a man's car with a hammer during a dispute over flower pots with another senior citizen group member. The incident, which took place in Dublin city centre on 24 May 2023, caused nearly €10,000 in damage to the car's roof, bonnet and sides. Video showed Murphy, who used a walker, repeatedly raising the hammer and striking the vehicle. The man was the father of the other woman and tried to intervene. Murphy, who was undergoing a divorce and had no prior convictions, cooperated with Gardaí and surrendered the hammer. Judge Martin Nolan sentenced her to 18 months suspended in full, ordered her to pay the injured party over €600, and directed the payment to a charity if the victim declined it. The remaining damage cost of over €9,000 was covered by the victim's insurance.

2024-03-25 · Dublin

Council driver fined for striking pedestrian left with serious brain injury

Sean Power, a 32‑year‑old Dublin City Council driver, was fined €1,000 for careless driving after striking a pedestrian in a white Ford Transit van on a narrow, poorly lit T‑junction near Cherry Orchard Industrial Estate. The victim, in his 50s, suffered a catastrophic brain bleed and a broken leg, requiring three weeks in hospital and ongoing rehabilitation. Power, who had been employed with An Post before the accident, cooperated with Gardaí, offered first aid, and later wrote an apology letter. The court noted Power's lack of intent to cause injury, his cooperation, and mitigating personal circumstances, including being the sole breadwinner for three children. No driving disqualification was imposed, and the case remains civilly actionable. The incident occurred on 14 January 2020, and Power's van and phone were seized. The court imposed the fine within six months.

2024-03-25 · Dublin

Banned driver jailed over dangerous high-speed pursuit

Patrick Joyce, 43, of Rossfield, Tallaght, was sentenced by the Dublin Circuit Criminal Court to three and a half years' imprisonment, with the final six months suspended, after pleading guilty to two counts of endangerment and two counts of dangerous driving. The offence involved a 35‑minute high‑speed pursuit around Dublin, during which Joyce's gold Skoda Octavia ran red lights, crossed roundabouts, and drove through residential estates on the M50. He was disqualified from driving at the time and was arrested at the scene; CCTV footage from Garda Air Support was shown to the court. The court heard that Joyce's breath smelled of intoxicants and that he had drug and alcohol addictions. The judge noted his guilty plea, remorse, addiction issues, and a tragic family loss as mitigating factors, while citing the seriousness of the offence and his disqualification as aggravating factors.

2024-03-25 · Dublin

Violent teen 'crossed the Rubicon' by stabbing robbery victims

Daryl Wade, 18, was sentenced to five years' imprisonment with the final two‑and‑a‑half years suspended. He pleaded guilty to assault causing harm, robbery and attempted robbery after stabbing an Italian student in the leg in May 2022 and a 17‑year‑old boy in the stomach in February 2023. The court described the offences as "exceptionally serious" and noted Wade's violent propensity. He was identified by CCTV and an audio recording of his admission. Wade's guilty plea and expressions of shame were considered mitigating factors, but the judge deemed a custodial period necessary for rehabilitation. Wade's partner and employer provided supporting letters, and he is no longer living in the area. The sentence was imposed as an adult, with the suspended portion to be served after the 18th birthday.

2024-03-22 · Antrim

First person convicted of insider trading in history of State avoids jail

Declan Service, 63, was convicted of insider trading for selling shares in Open Orphan before the company's discounted share offering was publicly announced. He used confidential information from a Zoom briefing on 18 May 2020 to instruct his broker to sell his 3.89 million shares, then bought back a smaller amount at the discounted price on 22 May 2020, making a profit of about £11,500. Service pleaded guilty and was fined £60,000. Judge Elma Sheahan, after considering mitigating factors such as his cooperation, lack of prior convictions, and mental health issues, suspended the 18‑month custodial sentence in full. The case was brought by the Garda National Economic Crime Bureau following a report from Goodbody stockbrokers and the Central Bank. Service is a former multinational employee now working as a carer and has a history of charitable work.

2024-03-22 · Dublin

Man drove over father-in-law, killing him, after shots fired at christening

In a Dublin Circuit Criminal Court hearing, John McDonagh (36) was sentenced to three years' imprisonment for endangerment after he drove his van over his father‑in‑law, Daniel O'Reilly (58), following a row at a family christening party. The incident began when McDonagh, his wife and a third man left the house, only to return when the third man fired two shots from a starter pistol. McDonagh, claiming he was in "absolute terror and fear," reversed his van, striking O'Reilly, who was behind the vehicle, and then drove over him again while he lay on the ground. O'Reilly suffered cardiac arrest and died from traumatic injuries. McDonagh had six prior minor convictions and pleaded guilty to one count of endangerment, a charge carrying a maximum of seven years. The judge, noting McDonagh's state of terror, reduced the headline sentence of six years to three, citing mitigating factors. The sentencing elicited protests from O'Reilly's family.

2024-03-22 · Dublin

Fully suspended sentence for man who masturbated in front of four children

Mark Dolan, 49, received a fully suspended two‑and‑a‑half‑year sentence for masturbating in front of four children aged six to nine in Dublin on 6 May 2023. The court considered mitigating factors such as Dolan's lack of prior convictions and his admission of the act as a form of exhibitionism. The sentence was suspended on conditions including a ban on visiting the area where the offence occurred. Dolan was arrested two days after the incident, initially claiming an insect bite, and later admitted the behaviour but denied masturbating. Victim impact statements highlighted the children's ongoing nightmares and loss of safety. Dolan has no previous convictions, spent nine days in custody, and has begun therapy and medication. The case was heard at Dublin Circuit Criminal Court, with CCTV footage presented and statements from the children's mothers and a prosecuting Garda. Mark Dolan pleaded guilty.

2024-03-22 · Donegal

Rapist's conviction for repeatedly attacking teenage school girl is upheld

A man from Donegal has failed in his appeal against conviction for the repeated rape of a teenage girl in July 2016. The Court of Appeal dismissed all grounds of appeal on 22 March 2024. The man, now aged 29, was sentenced to seven years imprisonment at the Central Criminal Court in January 2020 after a jury returned unanimous guilty verdicts on four counts of rape at two locations in the county. During sentencing, Justice Tara Burns described his conduct as vile and despicable. The victim, now in her twenties, provided a victim impact statement detailing how the attacks had transformed her from a confident young person into someone struggling with trauma and panic attacks. The appellant's legal team challenged the trial judge's handling of prosecution counsel's closing speech, questioned whether the word "stop" had been shouted during the assault, and objected to the admission of Facebook messages. The three-judge panel, led by Justice George Birmingham, found no merit in any of these contentions and upheld the conviction in full.

2024-03-22 · Ireland

Inquest jury told to look 'very carefully' at evidence to determine if fire was first seen outside Stardust

The Stardust inquest jury has been instructed to carefully examine evidence regarding where and when the fire was first noticed, to determine if it was seen outside the venue before being observed inside the ballroom. Coroner Dr Myra Cullinane highlighted that the fire was first seen in the west alcove by patrons inside the club, but also observed from outside by nearby residents. Fire expert Dr Will Hutchinson noted that if residents' timings were accurate, the fire may have already developed in the roof space before becoming visible inside. The jury heard that the fire was seen outside between 1.15am and 1.38am, while it was first observed inside the ballroom at around 1.40am. Dr Hutchinson suggested the fire may have originated in the immersion heater in the hot press or the seating area in the west alcove, with a poorly wired connection at the immersion heater being a possible cause.

2024-03-22 · Dublin

Security guard falsely imprisoned girl (15), forced her to strip and sexually assaulted her

During a trial in Dublin Circuit Criminal Court, Abdul Rahman Mohammed, a 35‑year‑old security guard, was found guilty of sexual assault, false imprisonment and demanding money with menace. The case concerned a 15‑year‑old girl who had shoplifted a makeup brush and peel‑off mask from Penneys, Dundrum Shopping Centre. Mohammed allegedly forced her into a room, made her strip to her underwear, touched her thigh, and demanded she pay €250 for the items. He also interfered with the CCTV camera a week before the incident to blur footage. The girl, who was with two friends, was later told that shoplifters did not have to pay security. Mohammed denied the allegations and claimed the girl and her friends had followed him. The court adjourned the matter until 13 May for finalisation.

2024-03-22 · Dublin

Jail for man who subjected fiancée to prolonged, vicious attack

A 40‑year‑old man was sentenced to 21 months in prison for a prolonged, vicious assault on his then‑fiancée in December 2022. He pleaded guilty to assault causing harm. The court heard that the couple were engaged and in a long‑term relationship. The attack began after an argument about social media, when the man entered the bathroom, accused her of cheating, and became physically aggressive. He choked her, used his knee against her neck, and repeatedly verbally abused her, calling her a "slut" and threatening to "smash her face in." The assault lasted several hours, during which the victim was held down, knocked to the ground, and forced to lie in bed. She later fled to her mother's house and reported the incident to Gardaí. The man admitted violence, expressed remorse, and cited mental health difficulties.

2024-03-22 · Dublin

2.5-year sentence for 'trusted' drugs operative caught in €1.2m exchange was too low, court finds

In March 2024 the Court of Appeal found that the two‑and‑a‑half‑year sentence given to John Lindsay, a 48‑year‑old "trusted operative" involved in a €1.2 million heroin exchange, was too lenient. Lindsay had pleaded guilty to possession of drugs for sale and supply in March 2023, and at sentencing he was said to have been acting in a warehousing and delivery capacity to reduce a €20 000 drug debt. Gardaí had tracked his movements, and dash‑cam footage showed him handing a co‑accused a bag that later contained €831 000 of heroin, with an additional €420 000 seized at his home. The State appealed on the grounds of undue leniency. The Court of Appeal quashed the original sentence, increased the headline sentence to 10 years, and, after a four‑year deduction for mitigating factors, suspended the final two years, citing Lindsay's family commitments, charitable work, and rehabilitation progress in prison.

2024-03-22 · Cork

Mother whose son tried to murder her hits out at failures in mental health system

At a sentencing hearing in the Central Criminal Court on 22 March 2024, Mary Coughlan, mother of 32‑year‑old Gearoid Coughlan, spoke about the assault she endured when her son, diagnosed with schizophrenia, tried to murder her on 4 June 2021. She described the violent attack, which left her with a 25‑cm neck wound, multiple facial wounds, a traumatic brain injury and ongoing speech and language therapy. Coughlan criticised the mental health system for failing to monitor her son's risk and medication adherence, arguing that people with paranoid schizophrenia are allowed to live in the community without adequate care. She said she would not let the assault define her life and has returned to singing, walking and spending time with grandchildren. Gearoid was arrested, sent to the Central Mental Hospital and is awaiting a psychiatric report before sentencing on 12 April. Gearoid Coughlan pleaded guilty and was found not guilty by reason of insanity.

2024-03-22 · Ireland

Enoch Burke dramatically spurns offer of temporary release, returns to prison

Enoch Burke, Issac Burke, and Ammi Burke appeared before the High Court regarding Enoch Burke's ongoing imprisonment for failing to comply with an injunction to stay away from Wilson's Hospital School. The judge offered Enoch Burke temporary release during school holidays to reflect on his position, a proposal the school did not object to. However, Enoch Burke refused the offer, alleging the school made false statements regarding security arrangements. The hearing became heated, resulting in Enoch Burke, his brother Issac Burke, and his sister Ammi Burke being removed from the courtroom for interrupting the judge or refusing directions. The judge noted that despite this being Enoch Burke's fourth appearance, the situation had not altered. Counsel for the school stated there was no alternative to Enoch Burke's imprisonment, though they did not object to the judge's proposal for a period of release. The judge adjourned the matter for further review to a date in June. Enoch Burke remains in Mountjoy Prison, having spent over 300 days incarcerated for his failure to comply with the court order. The judge remarked that Enoch Burke was behaving in a way that suggested he wished to remain in prison, despite efforts to provide an alternative.

2024-03-22 · Longford

Start-up founders allegedly told 'didn't have enough diversity' fail in claim against EI for second time

Three business founders from Longford have had their discrimination claim against Enterprise Ireland dismissed by the Workplace Relations Commission for a second time. Mark Keenan, Michael O'Reilly and Robert Yorke, who own the sharing economy platform LendRB Ltd, alleged they were told during a 2022 funding interview that they "didn't have enough diversity". The complainants sought to proceed on the basis that discrimination occurred against them as individuals rather than the corporate entity. However, adjudicating officer Niamh O'Carroll found the new complaint was identical to a previous claim already rejected in 2023 on statutory grounds. Ms O'Carroll noted the matter had been ruled statute-barred and that a corporate entity cannot refer an equality claim under legislation. The founders indicated their intention to pursue the matter to the Labour Court.

2024-03-21 · Dublin

Alleged romance breakdown led Italian company to seek €585k jewel injunction, High Court hears

The High Court heard that World Diamond Group SPA (WDG) sought an injunction against Shuwan Li, trading as Empress Fine Jewels, alleging her refusal to return a consignment of goods worth €585,000. WDG, represented by Barney Quirke SC, claimed the commercial relationship broke down after the defendants allegedly owed large sums for supplied goods. The plaintiff's CEO, Castrenze Giuliano, accepted an intimate relationship with Ms. Li existed but maintained the proceedings were strictly commercial, not related to the relationship's end. Ms. Li, represented by Peter Shanley BL, strongly rejected wrongdoing, arguing the action was motivated by the end of a four-year romantic relationship and that the injunction would prejudice her business, as the goods constitute 40% of her stock. WDG also sought an order for 77 items of jewellery to be held by an independent stakeholder, alleging threats during a store inspection. Mr Justice David Nolan refused both applications to vacate the injunction or order the stakeholder arrangement, citing insufficient financial information from the defendants and concerns over the inspection allegations. He determined the existing temporary injunction sufficiently protected WDG's position, noting any breach would constitute contempt. The judge emphasized he was not making a final determination on the complex dispute. The matter was adjourned to a date in April.

2024-03-21 · Dublin

'Fall Guy' jailed for 'disastrous' role in 'murky' north-south plant leasing scam

Charles Mavitty, 66, of Enniskillen, Co Fermanagh, was sentenced at Dublin Circuit Criminal Court to two and a half years in prison after pleading guilty to two counts of inducing others by deception to approve lease agreements on April 3 and 5, 2017. Judge Martin Nolan described Mavitty as the "front man" and a "vital cog" in a fraud involving the leasing of heavy plant machinery, noting that he signed paperwork and engaged financial companies using false documents, including fake utility bills, bank statements, and tax clearance certificates. The prosecution alleged that two Dublin-based financing companies, Bluestone Asset Finance and Finance Ireland, suffered a combined loss of over €240,000 after lending money to purchase two Hitachi excavators that have never been located. Mavitty provided a false address in Galway and made excuses regarding the machines' whereabouts. Defence counsel argued that Mavitty was a "pawn" and a "fall guy" in a larger scheme, stating he was pressurised by others and did not benefit financially. Judge Nolan set a headline sentence of five years but reduced it by half due to mitigating factors, including Mavitty's lack of previous convictions, his status as a family man, and his cooperation with authorities. The judge inferred that Mavitty knew what he was doing and never intended to use the machines. The matter was finalised with the imposition of the custodial sentence.

2024-03-21 · Dublin

Polish man discovered hidden cannabis stash wouldn't fit in rental car

Dominik Golebiowski, a 30‑year‑old Polish chef from Krakow, pleaded guilty to possessing cannabis for sale after a detector dog found the drugs at a logistics warehouse in Co Dublin. The drugs were concealed in insulation pallets, cut into ten sheets, and were discovered when customs officers searched a warehouse at Dachser Ireland. Golebiowski travelled to the warehouse to collect the pallets, signed for the consignment with a false Polish ID, and attempted to transport the goods in a rented white Tuscon hatchback. He managed to fit four insulation sheets into the car, but Gardaí intercepted him at Dublin Port, where they seized two iPhones and 14 packages of cannabis worth about €200,000. The remaining €300,000 of drugs were found in the warehouse, bringing the total seized to over 25 kg valued at €505,340.

2024-03-21 · Dublin

Pensioner who admits abusing sister-in-law claims he has no memory of doing so

A 75‑year‑old pensioner pleaded guilty to one count of indecent assault on his sister‑in‑law, who was aged eight or nine at the time. The incident, which occurred between 1975 and 1976, involved the victim being left alone in a house, the assailant approaching her while she was asleep, and the assault lasting a few minutes. The victim later reported the abuse to Gardaí in 2019. The court heard that the defendant, who was 27 or 28 when the assault took place, sent a text to his daughter expressing remorse and claiming he could not remember the act. Judge Martin Nolan sentenced him to ten months' imprisonment, citing the defendant's guilty plea, remorse, work history and lack of recent convictions as mitigating factors. The sentence was out of a potential maximum of two years.

2024-03-21 · Louth

Jail for teen rapist who told sex assault victim 'shit happens'

Iollan Tynan Kelleher, aged 22, was sentenced to six years in prison for raping a 15‑year‑old friend and sexually assaulting a second victim. He pleaded guilty to one count of sexual assault before trial. The rape occurred in July 2017 when he was 16, and the assault on the second victim happened in August 2017. The court noted the victim's trauma, including depression, suicidal thoughts, flashbacks and anxiety. Kelleher was found guilty of one rape and two sexual assault charges. He received three years and nine months for the rape, 11 months for the assault of the first victim (concurrent), and two years and three months for the assault of the second victim (consecutive). The final 12 months of the sentence were suspended for one year, and he will be supervised by probation for three years and placed on the sex offenders register for five years.

2024-03-21 · Dublin

Burglar jailed for injuring woman (80) while pushing his way into her home

James Maloney, 44, pleaded guilty to assault causing harm and attempted theft at an 80‑year‑old woman's home in Santry on 1 February 2023. He has 38 prior convictions. The Dublin Circuit Criminal Court, presided by Judge Elma Sheahan, found the private dwelling and victim's age aggravating, but noted Maloney's guilty plea, duress to pay a drug debt, remorse and apology as mitigating. He was sentenced to four years for the attempted burglary and two years and four months for the assault, both to run concurrently. The judge suspended the final six months of the sentence for six months. Maloney had been homeless and a drug user at the time, had admitted the offence, expressed remorse, and was engaged in a methadone programme. The victim suffered head, arm and hand injuries and had to wait over 12 hours in A&E. The court heard a victim impact statement and a letter of apology from Maloney.

2024-03-21 · Dublin

€102k in crime cash stashed in socks and gloves

Brendan Colley, a 55-year-old defendant from Drimnagh, Dublin 12, was sentenced at Dublin Circuit Criminal Court after pleading guilty to a charge of possession of the proceeds of crime. Gardaí discovered €102,720 in cash hidden in socks and gloves beneath the stairwell of his home during a search on March 9, 2023. Colley admitted to holding the money to reduce a drugs debt, stating he was forced to store it and intended to hand it over to the owner. He has ten previous convictions, including offences for drugs, robbery, and possession of knives. Defence counsel John Berry BL highlighted Colley's vulnerabilities, including a recent tumour diagnosis and ongoing addiction issues, and requested a suspended sentence. Judge Martin Nolan acknowledged Colley's mitigating circumstances and low risk of re-offending but noted that laundering such a significant sum is a serious matter. The Judge stated that a more robust offender might have received three to four years. Consequently, Judge Nolan imposed a two-year prison sentence, ruling that an offender cannot launder that amount of money without suffering for it. The matter was finalised with this custodial sentence.

2024-03-21 · Dublin

Jail for man who sexually assaulted partner's friend on child's bunk bed

A 40‑year‑old man was sentenced to two years' imprisonment for sexually assaulting his partner's friend while she slept on a bunk bed, with two children sleeping below. The assault occurred on 7 September 2018 and was found guilty in a trial last November. The victim, who could not be named, described feeling a hand in her vagina and hearing the assailant's voice, and later texted her partner and the accused. The accused denied the allegations but admitted to being out of bed at the time. He had ten prior convictions for drug misuse and traffic offences. Judge Patricia Ryan noted the assaults happened twice, with children present, and ordered the man onto the sex offenders register. The sentence reflected the aggravating factors and the victim's impact statement.

2024-03-21 · Dublin

Victim's head was 'nearly concave' after vicious stamping assault that left him 'trapped in own body'

Conti Birali (28) was sentenced to nine years in prison at Dublin Circuit Criminal Court after pleading guilty to assault causing serious harm and violent disorder. The offences occurred on July 31, 2022, at the Old Navan Road, Dublin 7. Birali admitted to instigating an unprovoked attack on victim Austin Doherty, who suffered severe head injuries and brain trauma, leaving him a wheelchair user with lifelong disabilities. Birali, of Parlickstown Drive, Mulhuddart, Dublin 15, had previously left the jurisdiction but returned and was arrested in November 2022. He expressed remorse, describing his actions as a "stupid alcoholic decision" and accepting global responsibility for the joint enterprise. Judge Martin Nolan noted Birali was the "author of the entire incident" and categorized the offence in the higher range of seriousness. The court also heard that co-accused Craig Maples (28), of Green Briar, Verdemont, Blanchardstown, Dublin, was jailed for seven years last month after pleading guilty to violent disorder and assault causing serious harm on the same occasion. Maples was identified as one of the three men who participated in the assault. The judge accepted Birali's expression of remorse and assessed a low risk of reoffending, but emphasized the severe, permanent impact on the victim, who can no longer work or care for his children.