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Graham Dwyer

Dwyer wins important legal battle over over use of mobile phone evidence

High Court

Graham Dwyer has won an important legal battle against the State and the Garda Commissioner as part of his bid to overturn his conviction for the murder of childcare worker Elaine O’Hara.

In a lengthy and detailed ruling, Mr Justice Tony O’Connor found the Cork-born architect is entitled to certain limited declarations concerning provisions of Ireland’s data retention laws.

The judge, stressing the primacy of European law, found that sections of Ireland’s retention laws concerning information generated by telephones contravene both EU law and findings of the European Court of Human Rights.

Ireland’s data retention laws provide for an indiscriminate ….read more

Court of Criminal Appeal

Acquittal appeals becoming more frequent, court of appeal says

Court of Appeal

Two people acquitted of operating a “diesel laundering factory” must wait to hear whether their acquittals will be overturned by the Court of Appeal.

The two accused, whose details cannot be published as they are not technically before the courts, were charged with one count each of keeping prohibited goods contrary to Section 102(3)(c) of the Finance Acts, 1999, as substituted by Section 98 of the Finance Act 2010.

In Louth Circuit Criminal Court last year, the pair’s lawyers successfully argued that a warrant used to search their premises was invalid, and all evidence obtained on foot of the warrant ought ….read more

Central Criminal Court court 13 inside2

Impeding investigation verdict open to murder trial jury, judge charges

Central Criminal Court

A murder trial jury can find the accused guilty of impeding an investigation if they are not satisfied that he was the gunman but believe that he burned out a car to help the culprit get away, a Central Criminal Court judge has said.

22-year-old Warren Nolan has pleaded not guilty to the murder of Alan O’Neill (35) at Kiltalown Road, Tallaght on May 27, 2015. Mr Nolan also pleaded not guilty to damaging a car by fire at Belfry Square in Tallaght on the same date.

Mr Justice Paul McDermott told the jury of six men and six women that to ….read more

Four Courts building2

Senior EA exec sacked over using word "dick" in meeting with female colleague, court told

High Court

A senior director with video game giant Electronic Arts was purportedly fired from his 160k a year job for allegedly telling a female colleague he was not “going to pull my dick out and put it on the table” while next to another female colleague “to see who has the bigger dick”.

56-year-old Jean Philippe Grenet, who was the Senior Director of Global Delivery Service for Electronic Arts Ireland, denies making the comment in a one-to-one video conversation with a female colleague, who is based in Austin Texas, on November 9th last.

In a sworn statement, he said ….read more

Prison van stock large

Uncle jailed for repeatedly abusing niece and nephew

Dublin Circuit Criminal Court

A woman who was repeatedly sexually assaulted by her uncle as a young child has told a court that the scars and memories of the abuse she suffered will never end.

The 29-year-old woman and her male cousin (33), also abused by the same man, were both present in Dublin Circuit Criminal Court as their uncle was sentenced to three years in prison today.

The former soldier, who cannot be named to protect the identity of his victims, pleaded guilty to three sample counts of sexually assaulting his nephew in Dublin on dates between 1992 and 1994, starting when the boy was ….read more

Jury room

Judge warns jury about ID evidence in tiger kidnapping trial

Dublin Circuit Criminal Court

The jury in the trial of a man accused of a tiger kidnapping four years ago has begun deliberations at Dublin Circuit Criminal Court.

Paschal Kelly (53), with an address at Cootehill, Co. Cavan, has pleaded not guilty to trespass and to false imprisonment of postmistress Susan Lawlor, her daughter Emma Carter and Italian student Gabriella Saisa at Seabury Drive, Malahide, Dublin, on September 25, 2014.

Mr Kelly has also pleaded not guilty to robbing Ms Lawlor of cash at Bayside Post Office, Sutton, Dublin, and threatening to kill her, Ms Carter and Ms Saisa at an unknown location in the State. ….read more

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