Aodhan O'Faolain

 

A teenager has been found not guilty of murder but guilty of manslaughter for the killing of a fellow teen during a melee in a Dublin park.

The 17-year-old, who cannot be identified because he is a minor, pleaded guilty to manslaughter at the start of the trial but his plea was rejected by the Director of Public Prosecutions.

His victim, Azzam Raguragui (18), died after suffering five stab wounds during a melee in Finsbury Park, Dundrum, Dublin 14 on May 10, 2019. The trial heard that one of the wounds severed an artery and caused massive blood loss which led ….read more

The Court of appeal has dismissed proceedings brought by a boy detained at Oberstown Children Detention Centre over being subjected to a “separation” period following an incident involving an eight hour “stand-off” between detainees and staff.

Last year the High Court had ruled that the boy, who cannot be named for legal reasons, was not entitled to various court orders after he claimed he was subject to an ‘ad-hoc’ punishment regime following incidents that occurred at Oberstown in 2018.

The teen, had brought judicial review proceedings challenging the decision to separate him from other detainees on grounds including he was ….read more

The High Court will rule early next month on Ryanair’s challenge against travel measures introduced by the government in the wake of the Covid-19 pandemic.

In its action, Ryanair claims that the measures, which the airline says amount to “international travel restrictions”, are unlawful and amount to a disproportionate interference of it and its passenger’s rights.

In proceedings against An Taoiseach, Ireland and the Attorney General, the airline seeks various orders and declarations, including one setting aside the measures announced in late July.

The State respondents oppose the action and say that the measures announced are not mandatory but are advisory in nature.

The ….read more

The first of what may be several High Court challenges against the system used to calculate Leaving Certificate results has come before the High Court.

The action against the State has been brought by a student in Dublin 3. The court heard she was left devastated after she narrowly missed out on a place to study medicine at Trinity College Dublin by two points after three of her calculated grades were reduced.

Her application came before Mr Justice Charles Meenan on Wednesday, who was told that several other potential similar challenges to the calculated grades system are pending.

The court heard that the ….read more

The State has said that measures introduced by the Government in response to the Covid-19 pandemic do not impose a legal restriction on travel in and out of the county.

The measures, the High Court heard on Wednesday, are merely advisory, have been reviewed regularly, and are not binding in nature.

The State was responding to claims made by Ryanair that the measures, which the airline says amount to “international travel restrictions”, are unlawful and amount to a disproportionate interference of it and its passengers’ rights.

In its action against An Taoiseach, Ireland and the Attorney General, the airline seeks various orders and ….read more

Ryanair has said that travel restrictions introduced by the Government in response to the Covid-19 pandemic are outrageous, confusing and a detriment to both the public and its business.

The airline claims the measures, which it says are international travel restrictions, are unlawful and amount to a disproportionate interference of it and its passenger’s rights.

In its action against An Taoiseach, Ireland and the Attorney General, the airline seeks various orders and declarations, including one setting aside the measures announced in late July.

The State parties oppose the action and say that the measures announced are not mandatory but are advisory in nature. ….read more

(Pictured: Data Protection Commissioner Helen Dixon. Credit: Collins)

Facebook has significant concerns about its ability to deliver its services to its 400 million European users over the Data Protection Commissioner’s decision regarding the transfer of data to the social media giant’s US parent, the High Court has heard.

Late last month the Data Protection Commissioner (DPC) informed Facebook Ireland, which is the EU HQ of the Facebook and Instagram platforms, that it has made a preliminary draft decision that personal data should not be transferred to the US parent Facebook Inc.

Arising out of that decision Facebook Ireland, represented in court by Declan ….read more

(File Picture: Charlotte Mulhall. Credit: Collins)

“Lonely and sad” murderer Charlotte Mulhall has brought a High Court challenge aimed at securing a transfer from Limerick Prison back to the Dochas Centre women’s prison in Dublin.

The court heard that Mulhall was transferred to Limerick Prison from the Dochas Centre on December 24th 2018, two days after she was allegedly seen by a prison officer sitting on another prison officer while performing a beauty treatment.

In a sworn statement to the court Mulhall disputes that version of events and says she has never been given the opportunity to address the prison authorities as to ….read more

The High Court has dismissed an application by an under-investigation garda superintendent to have his suspension lifted, which would allow him to return to work.

Mr Justice Senan Allen ruled that Superintendent Edmund Anthony O’Neill (53) was not entitled to an injunction which would remain in place pending the outcome of his challenge against his suspension on pay from duty.

Supt O’Neill’s suspension by the Garda Commissioner, the judge held, was justified.

The judge added the applicant had not at this stage of his proceedings against the Commissioner and the State made out a strong case that is likely to succeed when the ….read more

The High Court has given a pregnant woman and her Irish citizen fiance permission to challenge the State’s decision to deport her.

The woman, from Angola, was not granted asylum by the State and was informed last month a deportation order had been made against her.

She is expecting a child whose rights, it is claimed, will be adversely affected if the mother is removed from the State. The child is due to be born before the end of the year.

Represented by Michael Conlon SC, instructed by solicitor Brian Burns, the woman and her partner seek various declarations against the Minister for ….read more

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