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Swords District Court round-up

District Courts

Drugs case struck out over delay in obtaining directions from DPP

A MAN arrested over unlawful possession of drugs had his case struck out due to a delay in obtaining directions from the Director of Public Prosecutions.

Derek Boylan (32) of Hollywell Avenue, Feltrim Hill in Swords was charged with being in unlawful possession of cocaine for sale or supply at his home address on May 1st, 2013. He was further charged with being in unlawful possession of cannabis at the same address on the same date.

On March 24th, Judge Dermot Dempsey granted further time for the DPP’s directions to be obtained. ….read more

Outside Stock Close

Man has indecent assault conviction quashed on first appeal under Supreme Court judgement

Court of Criminal Appeal

A man who was sentenced to two years for indecently assaulting his cousin nearly thirty years ago has had his conviction quashed in the first appeal brought under last month’s Supreme Court judgement on the questioning of suspects before the receipt of legal advice.

In April 2012 the now 45-year-old man, who cannot be named for legal reasons, was sentenced to two years imprisonment by Judge Gerard Griffin having been convicted of two counts of indecent assault by the unanimous verdict of a Naas Circuit Criminal Court jury.

He had pleaded not guilty to the offences against his cousin, which were alleged ….read more

Marie Cassidy

Father-of-two stabbed through the heart, murder trial hears

Central Criminal Court

(Pictured: State Pathologist Professor Marie Cassidy)

The trial of a Dublin man charged with murdering his friend has heard that the father of two was stabbed through the heart, before his body was left in a water-filled ditch.

State Pathologist Professor Marie Cassidy was giving evidence to the Central Criminal Court today on the third day of the trial of Alan Harte.

The 32-year-old with an address at Clareville Grove in Glasnevin, but from East Wall, has pleaded not guilty to murdering Peter Gunn (28) on January 4th 2009 in Cabra Park, Cabra, Dublin.

Professor Cassidy carried out an autopsy on Mr Gunn’s body ….read more


Nursing home shut by HIQA formally wound up

High Court

by Aodhan O’Faolain

The High Court has wound up a company that owned and operated a nursing home shut down in 2011 by HIQA over concerns for the health and safety of its residents.

The winding up order was made today by Mr Justice Peter Charleton in respect of Avondale Nursing Home Limited which ran a home for the elderly at Callan in Co Kilkenny.

The application to liquidate the company was brought by one of several former employees of the home who were owed tens of thousands of euro in unpaid wages.

The judge said the company was clearly insolvent and unable ….read more

Irish Court of Criminal Appeal

Adjournment in appeal brought by Laois brothers convicted of rape

Court of Criminal Appeal

An appeal brought by two Laois brothers against their conviction and three year sentence for raping a woman in a hotel room has been adjourned until the next court term.

Eamonn Flanagan (42) of Dunamaise, Stradbally and Seamus Flanagan (35) of Ashley Gardens, Portlaoise were jailed for three years by Mr Justice Garrett Sheehan in October 2011 after a Central Criminal Court jury convicted them of raping a woman in a room at the Red Cow Hotel in Dublin on March 3rd, 2008.

Seamus Flanagan had pleaded not guilty to the anal and vaginal rape of the woman at the hotel, ….read more

Ben Gilroy

Court wrongly told Ben Gilroy assaulted security staff

High Court

by Aodhan O’Faolain

The High Court was mistakenly told that political activist Ben Gilroy assaulted a security guard when a group of protesters forced bank-appointed receivers off a stud farm in Co Kildare last August.

On the second day of contempt of court proceedings against Mr Gilroy Mr Mark Reynolds, one of the joint receivers over a property at Kennycourt, Brannockstown, Naas said the High Court was wrongly told, in a sworn statement that Mr Gilroy had committed an assault.

The statement should have said “a member of Ben Gilroy’s group” assaulted the security guard, he said.

In a High Court packed with his ….read more

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