High Court

A student from Belfast is seeking permission from the High Court in Dublin to challenge the State’s failure to allow citizens living in Northern Ireland vote in the upcoming referendum on the eighth amendment.

When the matter came before Mr Justice Charles Meenan in the judicial review list this week, he said that, because a date has yet to be set for the referendum and the necessary legislation allowing it to be held has not yet been enacted, he was adjourning the leave application to April 9th.

He directed that the application brought by Roisin Morelli should be made on notice to ….read more

(Pictured: Graham Dwyer. Credit: Collins)

Graham Dwyer “cannot escape” a court ruling that retained data generated by his mobile phone could be used as evidence against him during his trial before the Central Criminal for the murder of Elaine O’Hara, the High Court has heard.

Brian Murray SC, for the State and the Garda Commissioner, said telecommunication data from Dwyer’s personal mobile phone was retained and accessed by the Gardai investigating Ms O’Hara’s death under the 2011 Communications Act.

At the relevant time Ireland was mandated by the EU to have such an Act in relation to retained data in place for ….read more

A south Dublin businessman has apologised before the High Court for being in contempt of court orders not to interfere with the receivership of a property owned by him.

The apology was offered by Gerry Ward, of Mount Eagle Green, Leopardstown Heights, Dublin 18 before Ms Justice Carmel Stewart on Tuesday.

Receiver Simon Coyle brought a motion seeking Mr Ward’s attachment and committal to prison over the businessman’s refusal to comply with the order in relation to a property located at Cedar Brook Avenue, Cherry Orchard, Dublin 10.

However, Mr Ward has brought proceedings where he opposes the validity of the ….read more

A judge has asked the European Courts for a ruling on the effect of recent legislative changes in Poland, which are “so immense” the High Court has been forced to conclude that “the common value of the rule of law” has been “systematically damaged” and “democracy in Poland” has been breached.

The referral was made in the extradition case of Artur Celmer, who is wanted to face trial in his native Poland on drug trafficking charges. He was arrested in Ireland on foot of a European Arrest Warrant last May.

In what Mr Celmer’s lawyers have called the “lead test case” in ….read more

A descendant of Peadar Kearney has launched High Court proceedings against a fund-appointed receiver seeking the return of items including an original copy of Amhrán na bhFiann, signed by the composer.

The action has been brought by Lorcan Bourke against receiver Anne O’Dwyer of Duff Phelps Ireland Ltd, who he claims took charge of the property where he had operated Bourke’s Bar at Catherine Street, in Limerick City until its closure in 2014.

Mr Bourke, represented in court by Richard Kean SC and Gareth Robinson Bl, instructed by Georgina Robinson solicitor, is a great-grand nephew of Peadar Kearney, who ….read more

(Pictured: Graham Dwyer. Credit: Collins)

The sole purpose of Graham Dwyer’s challenge against Ireland’s data retention law is to show his rights were breached when information from his mobile phone was used by prosecutors at his trial for the murder of Elaine O Hara, the High Court has heard.

Remy Farrell SC, for Dwyer, said his side was making “no bones about” and had “never shied away from the fact” the case was about establishing that his client’s privacy rights had been a breached in relation to the retention of information from his personal mobile phone.

The case was not about any ….read more

(Pictured: Graham Dwyer. Credit: Collins)

A senior garda has told the High Court that it would be “virtually impossible” to investigate many serious crimes committed in the State without the use of retained communication data.

Detective Chief Superintendent Anthony Howard, who heads the Garda Special Detective Unit, or special branch, which combats organised crime and terrorism, said the use of retained data is important to Gardai because many criminals operate “under the radar”.

Mr Howard was giving evidence before Mr Justice Tony O’Connor on behalf of the State and the Garda Commissioner on what was the eight day of an action brought ….read more

(Pictured: Graham Dwyer. Credit: Collins)

A retired senior Garda has told the High Court that thousands of requests are made each year to Irish telecommunications operators by investigators seeking access to mobile phone and internet data.

Mr Peter Kirwan, a former Garda Detective Chief Superintendent who was head of the force’s Security and Intelligence section until his retirement last year, told the Court that retained data is used not only for the detection and investigation of crime but also to save lives and help locate missing or vulnerable persons.

He said such data can be vital in the investigation of ….read more

A man who claims he was a Garda informer is suing the Sate over its alleged failure to protect him after he was arrested in France for drug trafficking offences over 17 years ago.

The man is currently in custody in the UK pending the hearing of a request for his extradition from the French authorities.

His surrender is being sought so that he can serve a four year prison sentence he received in his absence for drug trafficking offences from a French Court following his arrest in 2000.

In proceedings commenced in 2006 against the Garda Commissioner, Ireland and the Attorney General, ….read more

The High Court has dismissed a widower’s appeal against an order granting Permanent TSB possession of his family home.

The appeal was brought by Mr Stephen Kearney against a Circuit Court order granting PTSB possession of a property located at the Old Mill, Ratoath, Co Meath.

PTSB, represented by Tomás Keyes Bl, also said Mr Kearney was the subject of separate proceedings brought by the Criminal Assets Bureau, which obtained a well charging order for €686,000 against his interest in the property in 2015.

In its proceedings, PTSB claimed it is owed more than €143,000 by Mr Kearney and sought the order ….read more

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