Supreme Court

The Supreme Court has granted declarations to a woman, who was found not guilty by reason of insanity of violent crimes, over the handling of her bid to vary her living arrangements when she was on conditional release from the Central Mental Hospital.

The court held that the woman, who is now released unconditionally from the CMH, is not entitled to damages for breach of her constitutional rights but it will hold a further hearing over whether she is entitled to damages for breach of rights under the ECHR Act.

The woman, who cannot be identified for legal reasons, was convicted after ….read more

(Pictured: Jason Boyle. Credit: Collins)

The Supreme Court has dismissed an application to hear an appeal against a lower court’s decision to appoint a receiver over a Dublin property deemed to have been acquired with the proceeds of crime.

Following an application by the Criminal Assets Bureau in 2019, the High Court held that assets, including a house located at Casement Drive, Finglas in Dublin were the proceeds of crime.

The court held that the house, as well as the other items including a quantity of cash, were beneficially owned by alleged illegal drug-trafficker Jason Boyle, but were registered in the names of ….read more

(File Picture: Mark Nash. Credit: Collins)

A damages claim by serial killer Mark Nash, who is serving life sentences for the notorious Grangegorman murders, has been declared inadmissible by the European Court of Human Rights (ECHR) on the grounds of delay.

Nash, who stood trial for the murders 18 years after he carried them out, had complained that his right to a trial within a reasonable time had been breached and had sought damages.

In its judgement which was published today, the Strasbourg Court unanimously held that Nash’s complaints were lodged more than six months after the last Supreme Court decision in ….read more

The Supreme Court has dismissed an appeal brought a company whose managing director was described by a High Court judge as having “betrayed the friendship” and “took advantage of” a client and friend by “grossly overcharging” for services it was claimed were provided.

The three-judge Supreme Court dismissed an appeal by Sundogs Rock Productions Ltd of Duncan, Killiney Hill Road, Killiney, Co Dublin against the High Court’s dismissal of a claim against Mr Val Timon, a solicitor and developer of Shanganagh Terrace, Killiney, for failing to pay for services carried out on his behalf.

The firm’s claim was dismissed by ….read more

The Supreme Court has cleared the way for the extradition to the United States of Eric Eoin Marques, an Irish man who is accused of being the world’s biggest facilitator of child porn.

The decision brings to an end Mr Marques’s lengthy legal battle before the Irish courts against his extradition.

On Wednesday, a five-judge Supreme Court unanimously dismissed his appeal against a decision of the High Court and Court of Appeal that he be surrendered to the US authorities.

Now aged in his early thirties, Mr Marques is wanted by US authorities to face charges relating to conspiring to distribute and ….read more

The Supreme Court has ruled that a jailed rapist, who successfully challenged the constitutionality of a law stopping payment of the State’s old age pension to prisoners, is entitled to €10,000 in damages.

The five-judge court unanimously concluded last July that the relevant law – Section 249.1 of the Social Welfare Consolidation Act 2005 – which disqualifies persons, otherwise qualified for various welfare benefits, from receiving “any” of those benefits, including the old age contributory pension, while imprisoned or detained in legal custody was unconstitutional.

The State may not operate a disqualification regime that applies only to convicted persons because it constitutes ….read more

(Pictured: Mr Gary Davis. Credit: Collins)

The Supreme Court has cleared the way for the extradition to the United States of an Irish man alleged to be an administrator of the Silk Road website, which dealt with illegal drugs and hacking software.

Gary Davis, of Johnstown Court, Kilpedder, Co Wicklow, will now face trial in the US on charges including conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering.

He had opposed his extradition on grounds including that he suffers from a form of autism known as Asperger’s Syndrome. If convicted in the US, Mr Davis ….read more

(File Picture: Mr Denis O’Brien. Credit: Collins)

Businessman Denis O’Brien is seeking findings that would be “entirely destructive of” and would “effectively undermine” parliamentary speech, the Supreme Court has heard.

Maurice Collins SC, for the State, said Mr O’Brien has brought proceedings arising out of utterances in the Dail about his banking affairs by TDs Pease Doherty and Catherine Murphy that would indirectly substitute the courts instead of the Dail as being the arbiter of what was “appropriate or inappropriate” parliamentary speech.

Lawyers for the businessman rejected the claims.

Mr Collins says that the proceedings were brought over the manner in which ….read more

The Pro Life Campaign have asked the Supreme Court to allow it to be heard in the forthcoming appeal concerning the extent of the rights of the unborn.

On Monday, Benedict Ó Floinn BL, for the Campaign, told the Chief Justice Mr Justice Frank Clarke that the group, arising from “concerns over recent developments”, wished to be joined to the action as an amicus curiae – an assistant to the court on legal issues.

The PLC will not be a formal party to the proceedings.

Mr Justice Clarke granted counsel permission to serve short notice of its application to ….read more

(File Picture: Fred Forsey Jnr. Credit: Collins)

A former Fine Gael town councillor who received the longest prison sentence for corruption ever handed down by the Irish courts has claimed before the Supreme Court that his conviction should be quashed.

Fred Forsey Jnr (46), of Coolagh Road, Abbeyside, Dungarvan, Co Waterford, was charged under the Prevention of Corruption Act in connection with his receipt of €60,000, €10,000 and €10,000 in three payments from a property developer in 2006, who had an interest in a planning permission for the development of land at Ballygagin, Co Waterford.

He was also accused of behaving corruptly ….read more

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