Supreme Court

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

The Supreme Court has ruled that the Minister for Justice must reconsider a decision to remove an Algerian man with alleged links to Islamic terrorism from the State.

The State claimed the man, who cannot be named for legal reasons, is involved with Islamic terrorism and was convicted of terrorism offences in Algeria and France.

The Minister issued a deportation order after gardaí informed the Department of Justice the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.

The man, who is aged in his 50s and has been living in Ireland for several ….read more

A businessman wants the Supreme Court to hear his action aimed at preventing the sale of shares held by the government in AIB bank.

Last week the Court of Appeal struck out Vincent O’Donoghue’s appeal against orders dismissing his action against AIB Plc, the Minister for Finance, the Government, Ireland and the Attorney General over the share sale.

He has now formally applied for permission to appeal to the Supreme Court on grounds his action raises a matter of general public importance.

In his action, Mr O’Donoghue with an address at Church Street Dublin 7, seeks a declaration that the proposed sale ….read more

The Supreme Court has reserved its decision in an appeal by an Algerian man with alleged links to Islamic terrorism against his removal from the State.

The deportation order was issued by the Minister for Justice after gardaí informed her department the activities of the man and his associates were “of serious concern” and “contrary to the State’s security”.

The State claims the man, who cannot be named for legal reasons, is involved with islamic terrorism and was convicted of terrorism offences in Algeria and France. He claims he is innocent and not a member of any terror group.

The man, represented by ….read more

An appeal brought by a man with alleged links to Islamic terrorism against his removal from the State will proceed before the Supreme Court at the end of the month.

The court had previously granted the man’s lawyers permission to challenge an order of the High Court permitting his deportation on the grounds that the case raised points of general public importance.

The man claims that if deported, he is at risk of being tortured and subjected to inhuman or degrading treatment or punishment.

The appeal was briefly mentioned before Mr Justice Donal O’Donnell in the Supreme Court on Wednesday, where they judge ….read more

The Supreme Court has provisionally set May 31st as the date for the hearing of an appeal brought by a man with alleged links to Islamic terrorism against his removal from the State.

Last month the court granted the man’s lawyers permission to challenge an order of the High Court permitting his deportation on grounds that the case raised points of general public importance.

The Court also put a stay on the man’s deportation pending the outcome of his appeal.

The stay was granted because the man’s appeal centres on his claim that if deported he is at risk of being tortured, ….read more

  • Become a Courts News Ireland Subscriber

    Sign-up today for full reports on the proceedings of the Central Criminal Court Ireland, the Special Criminal Court, the Court of Criminal Appeal and High Court extradition.

    As a subscriber, you'll have priority access to the full stories as soon as they are filed.

    If you represent a company or institution interested in subscribing to Courts News Ireland, please contact enquiries@courtsnewsireland.ie for more information about Group Subscriptions.

    If you're a newspaper professional or broadcaster interested in acquiring a licence to publish our content, please click subscribe and select the "Publisher's Account" option to have a Courts News Ireland representative contact you.

  • Get alerts for
    every new story

    Register now to receive alerts when new stories are posted to Courts News Ireland.