theirishtimes--2020-02-19--Jim Mansfield Jnr denied permission to attend mother’s birthday party in Spain

Businessman Jim Mansfield Jnr , who is facing false imprisonment charges , has been denied permission to vary his bail to allow him travel to Spain for his mother ’ s 75th birthday party .
Mr Justice Paul Coffey at the Special Criminal Court said there was “ nothing to stop ” the woman ’ s party from taking place in this jurisdiction .
The judge said “ to ask the court to work around ” circumstances in which the party arrangements were made after Mr Mansfield ’ s passport had already been surrendered as part of his bail terms @ @ @ @ @ @ @ Mansfield Jnr ( 52 ) , of Tasaggart House , Garters Lane , Saggart , Co Dublin , is to stand trial at the non-jury court in April on charges relating to false imprisonment and the perversion of justice .
He is charged with conspiring with one or more persons to falsely imprison Martin Byrne on a date unknown between January 1st , 2015 and June 30th , 2015 , both dates inclusive .
He is also charged with attempting to pervert the course of justice by directing Patrick Byrne to destroy recorded @ @ @ @ @ @ @ perverting the course of public justice in relation to the false imprisonment of Martin Byrne at Finnstown House Hotel , Newcastle Road , Lucan , Co Dublin between June 9th , 2015 and June 12th , 2015 .
Last year he was given bail on an independent surety of €10,000 and subject to a number of conditions including the surrender of his passport .
However , on Wednesday , Mr Mansfield applied for a bail variation , specifically seeking permission to travel to Malaga in Spain on Thursday to celebrate his mother ’ @ @ @ @ @ @ @ next .
Tony McGillicuddy BL , for Mr Mansfield Jnr , told Mr Justice Paul Coffey , presiding , sitting with Judge Martin Nolan and Judge James Faughnan , that Mr Mansfield Jnr lives with his mother and is one of two principle people who take care of her .
He said the flights and hotel for the celebration have been booked and that the court and State had been provided with the relevant documents to outline these details .
“ He would very much like to attend that [ celebration ] given @ @ @ @ @ @ @ ongoing basis , ” the barrister said .
Mr McGillicuddy also said that he understands that the request for permission to go to Spain is “ close ” to Mr Mansfield Jnr ’ s trial date of April 20th next , however he said Mr Mansfield Jnr ’ s independent surety , who was present in court , is happy to stand over the surety for anytime the court may grant a relaxation of the businessman ’ s bail terms .
Shane Costelloe SC , for the Director of Public Prosecutions , said @ @ @ @ @ @ @ of Mr Mansfield Jnr ’ s submission for permission to leave the State .
He said that the court will see from documentation provided that the flights and hotel were booked “ for a date in March ” and that , as recently as Thursday last week , the hotel and flights were changed .
Mr Costelloe referred to the chain of events as a “ peculiarity ” .
In respect of this , Mr McGillicuddy told the court that “ an error was made in the initial booking and that ’ s @ @ @ @ @ @ @ “ I don ’ t think it ’ s of great import.
” Mr Costelloe told the court that there is an allegation that Mr Mansfield Jnr “ conspired with ” Dessie O ’ Hare and Declan Duffy who , over the past three years , have either pleaded guilty or changed their plea to guilty to falsely imprisoning Martin Byrne .
He said their cases [ O ’ Hare and Duffy ] are “ done and dusted ” .
Sgt Eamon O ’ Neill , from Tallaght Garda Station , told Mr @ @ @ @ @ @ @ Mansfield ’ s move to apply for permission to go to Malaga on Tuesday .
Asked what the Garda attitude is to Mr Mansfield Jnr ’ s application , Sgt O ’ Neill told Mr Costelloe : “ We ’ d be concerned due to the seriousness of the offences Mr Mansfield is facing .
We ’ re also concerned about the close proximity to the trial date.
” Sgt O ’ Neill added that Mr Mansfield agreed to his bail conditions last year and gardaí “ just don ’ t know if @ @ @ @ @ @ @ from Spain if he gets that far ” .
After rising for several moments to consider the submissions , Mr Justice Coffey said the birthday celebration was arranged for outside the jurisdiction at a time Mr Mansfield is not allowed to leave the jurisdiction and he said there was “ nothing to stop ” the celebration from being held in this jurisdiction .
“ The court is not disposed to proceed with the bail application , ” the judge said .

Businessman Jim Mansfield Jnr was denied permission to vary his bail to allow him travel to Spain for his mother’s 75th birthday party. File photograph: Collins Courts
Businessman Jim Mansfield Jnr, who is facing false imprisonment charges, has been denied permission to vary his bail to allow him travel to Spain for his mother's 75th birthday party.
Mr Justice Paul Coffey at the Special Criminal Court said there was "nothing to stop" the woman's party from taking place in this jurisdiction. The judge said "to ask the court to work around" circumstances in which the party arrangements were made after Mr Mansfield's passport had already been surrendered as part of his bail terms is "highly unsatisfactory".
Mr Mansfield Jnr (52), of Tasaggart House, Garters Lane, Saggart, Co Dublin, is to stand trial at the non-jury court in April on charges relating to false imprisonment and the perversion of justice. He is charged with conspiring with one or more persons to falsely imprison Martin Byrne on a date unknown between January 1st, 2015 and June 30th, 2015, both dates inclusive.
He is also charged with attempting to pervert the course of justice by directing Patrick Byrne to destroy recorded CCTV footage, with the intention of perverting the course of public justice in relation to the false imprisonment of Martin Byrne at Finnstown House Hotel, Newcastle Road, Lucan, Co Dublin between June 9th, 2015 and June 12th, 2015.
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Last year he was given bail on an independent surety of €10,000 and subject to a number of conditions including the surrender of his passport. However, on Wednesday, Mr Mansfield applied for a bail variation, specifically seeking permission to travel to Malaga in Spain on Thursday to celebrate his mother’s 75th birthday before returning on Monday next.
‘Remarkable aspect’
Tony McGillicuddy BL, for Mr Mansfield Jnr, told Mr Justice Paul Coffey, presiding, sitting with Judge Martin Nolan and Judge James Faughnan, that Mr Mansfield Jnr lives with his mother and is one of two principle people who take care of her. He said the flights and hotel for the celebration have been booked and that the court and State had been provided with the relevant documents to outline these details.
“He would very much like to attend that [celebration] given that she lives with him on an ongoing basis,” the barrister said.
Mr McGillicuddy also said that he understands that the request for permission to go to Spain is “close” to Mr Mansfield Jnr’s trial date of April 20th next, however he said Mr Mansfield Jnr’s independent surety, who was present in court, is happy to stand over the surety for anytime the court may grant a relaxation of the businessman’s bail terms.
Shane Costelloe SC, for the Director of Public Prosecutions, said there was one "remarkable aspect" of Mr Mansfield Jnr's submission for permission to leave the State. He said that the court will see from documentation provided that the flights and hotel were booked "for a date in March" and that, as recently as Thursday last week, the hotel and flights were changed. Mr Costelloe referred to the chain of events as a "peculiarity".
In respect of this, Mr McGillicuddy told the court that “an error was made in the initial booking and that’s been corrected”. He added: “I don’t think it’s of great import.”
Mr Costelloe told the court that there is an allegation that Mr Mansfield Jnr “conspired with” Dessie O’Hare and Declan Duffy who, over the past three years, have either pleaded guilty or changed their plea to guilty to falsely imprisoning Martin Byrne. He said their cases [O’Hare and Duffy] are “done and dusted”.
‘Concerned’
Sgt Eamon O'Neill, from Tallaght Garda Station, told Mr Costelloe that gardaí became aware of Mr Mansfield's move to apply for permission to go to Malaga on Tuesday. Asked what the Garda attitude is to Mr Mansfield Jnr's application, Sgt O'Neill told Mr Costelloe: "We'd be concerned due to the seriousness of the offences Mr Mansfield is facing. We're also concerned about the close proximity to the trial date."
Sgt O’Neill added that Mr Mansfield agreed to his bail conditions last year and gardaí “just don’t know if he has any intentions to travel further from Spain if he gets that far”.
After rising for several moments to consider the submissions, Mr Justice Coffey said the birthday celebration was arranged for outside the jurisdiction at a time Mr Mansfield is not allowed to leave the jurisdiction and he said there was “nothing to stop” the celebration from being held in this jurisdiction.
“The court is not disposed to proceed with the bail application,” the judge said.


theirishtimes--2020-02-20--Animal rights advocates call for zero tolerance for sulky racing on roads

Animal rights advocates have said the emergence of video footage showing a sulky race that cut off four lanes of a Dublin motorway has renewed focus on the need for safe , off-road and regulated facilities .
The video circulating on social media shows two horse-and-carts racing at speed down the inbound lane of the N7 at Citywest in Dublin last weekend , surrounded by a phalanx of cars and vans to the front and rear .
Low light appears to indicate it was either late in the evening or early in the morning and while their is relatively little @ @ @ @ @ @ @ behind the participating vehicles .
The video has prompted a critical response .
The Irish Society for the Prevention of Cruelty to Animals ( ISPCA ) said driving horses on hard road surfaces can cause serious injuries .
Collisions with vehicles have also resulted in the death of animals in the past , it said .
“ It is also a risk for other road users and another serious accident or fatality is inevitable , ” said chief executive Dr Andrew Kelly .
“ Action should have been taken then to take sulkies @ @ @ @ @ @ @ the death of a 12-year-old boy who was thrown from a sulky car beneath the axles of an oncoming truck in 2016 .
As well as calling for a policy of zero tolerance by gardaí , he said it was “ time that sulkies were taken off the road by a system of licensing and registration and the provision of a safe off-road alternative ” reopening an ongoing debate .
Oein de Bharduin of the Irish Traveller Movement ( ITM ) said “ anyone reasonable seeing that video would be horrified ” and @ @ @ @ @ @ @ .
However , he said while sulky racing was often only discussed in a negative context , such incidents did provide an opportunity to debate the need for further education and facilities .
“ Everyone agrees there is worth and value in sulky racing , ” he said , adding that the pastime , which dates back centuries in Ireland , was enjoyed by a broad community and not just Travellers .
“ I think people jump in as if it ’ s just Travellers whereas in fact it ’ s an entire @ @ @ @ @ @ @ to provide facilities in Dublin , he said , such as at the Portmarnock Raceway which has progressed from being a one-off event , but more was required .
“ For many people [ racing is beneficial ] for their mental health , the connection around social engagement ; it ’ s both a pastime and a hobby , ” he said .
Gardaí at Rathcoole are continuing their inquiries into the incident .
Conor Faughnan director of consumer affairs at the AA said the incident did not prompt much reaction from road @ @ @ @ @ @ @ apparent traffic on the road when it occurred .
Noting the obvious danger , he said cultural and sporting activities of any kind should be facilitated in safe designated areas and that in many cases roads can be safely cordoned off for planned events .
Last June , Martin Blake , chief veterinary officer at the Department of Agriculture told an Oireachtas Committee that efforts had been taken to promote awareness of animal welfare among sulky racers .
“ We have engaged a relevant education provider to deliver an education programme to these @ @ @ @ @ @ @ A key element of the programme is to encourage participants to move off-road and to engage with regulated Irish Harness Racing Association activities.
” Mr Blake said the department also supported an education programme in Limerick with a focus on horse welfare .

Street lights, empty roads and relative darkness suggest the race was held in the early hours of the morning.
Animal rights advocates have said the emergence of video footage showing a sulky race that cut off four lanes of a Dublin motorway has renewed focus on the need for safe, off-road and regulated facilities.
The video circulating on social media shows two horse-and-carts racing at speed down the inbound lane of the N7 at Citywest in Dublin last weekend, surrounded by a phalanx of cars and vans to the front and rear.
Low light appears to indicate it was either late in the evening or early in the morning and while their is relatively little traffic much of it is built up behind the participating vehicles. The video has prompted a critical response.
The Irish Society for the Prevention of Cruelty to Animals (ISPCA) said driving horses on hard road surfaces can cause serious injuries. Collisions with vehicles have also resulted in the death of animals in the past, it said.
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"It is also a risk for other road users and another serious accident or fatality is inevitable," said chief executive Dr Andrew Kelly. "Action should have been taken then to take sulkies off public roads."
Dr Kelly referenced the death of a 12-year-old boy who was thrown from a sulky car beneath the axles of an oncoming truck in 2016.
As well as calling for a policy of zero tolerance by gardaí, he said it was “time that sulkies were taken off the road by a system of licensing and registration and the provision of a safe off-road alternative” reopening an ongoing debate.
Oein de Bharduin of the Irish Traveller Movement (ITM) said "anyone reasonable seeing that video would be horrified" and that the activity could not be supported.
Education and facilities
However, he said while sulky racing was often only discussed in a negative context, such incidents did provide an opportunity to debate the need for further education and facilities.
"Everyone agrees there is worth and value in sulky racing," he said, adding that the pastime, which dates back centuries in Ireland, was enjoyed by a broad community and not just Travellers.
“I think people jump in as if it’s just Travellers whereas in fact it’s an entire movement.”
Some efforts had been made to provide facilities in Dublin, he said, such as at the Portmarnock Raceway which has progressed from being a one-off event, but more was required.
“For many people [racing is beneficial] for their mental health, the connection around social engagement; it’s both a pastime and a hobby,” he said.
Gardaí at Rathcoole are continuing their inquiries into the incident.
Conor Faughnan director of consumer affairs at the AA said the incident did not prompt much reaction from road users but he noted there was little apparent traffic on the road when it occurred.
Noting the obvious danger, he said cultural and sporting activities of any kind should be facilitated in safe designated areas and that in many cases roads can be safely cordoned off for planned events.
Last June, Martin Blake, chief veterinary officer at the Department of Agriculture told an Oireachtas Committee that efforts had been taken to promote awareness of animal welfare among sulky racers.
“We have engaged a relevant education provider to deliver an education programme to these people,” he said.
"A key element of the programme is to encourage participants to move off-road and to engage with regulated Irish Harness Racing Association activities."
Mr Blake said the department also supported an education programme in Limerick with a focus on horse welfare.


theirishtimes--2020-02-20--Bloodstained note dropped from robber’s pocket leads to DNA match

A detective who spotted a bloodstained post-it note fall from a robber ’ s pocket while reviewing CCTV was able to match DNA from the note to the perpetrator , a court has heard .
Samantha Irwin ( 36 ) dropped the post-it as she robbed €55 from a shop assistant while armed with a syringe .
The note contained the numbers of out of hours homeless accommodation services .
Det Gda Michelle Fitzpatrick , who spotted the note , agreed with defence counsel that her impression was Irwin was a decent person who had made catastrophically bad choices .
@ @ @ @ @ @ @ “ out of control ” , has now sought help in addressing her drug addiction .
Irwin , of Cushlawn Park , Tallaght , Dublin pleaded guilty at Dublin Circuit Criminal Court to robbery at Real Brazil , Capel Street , Dublin on September 20th , 2018 .
Det Gda Fitzpatrick told Maurice Coffey BL , prosecuting , that Irwin had entered the shop , spent about ten minutes browsing and waiting for customers to leave before approaching the counter with an item .
Irwin grabbed the shop assistant by the jumper , @ @ @ @ @ @ @ her in the arm .
The shop assistant managed to remove her arm by pulling it up and out of her jumper .
Irwin demanded money and a total of €55 was handed over by the woman and her manager .
CCTV footage of the robbery was aired on RTÉ ’ s Crimecall and Irwin was identified by three gardaí .
The DNA evidence from blood on the note was also a match to Irwin .
No money was recovered .
The shop assistant said in her victim impact statement that she now @ @ @ @ @ @ @ to be in the shop alone .
She feels anxiety about what could have happened .
Irwin has 19 previous convictions , mainly for road traffic offenses .
Sarah Jane O ’ Callaghan BL , defending , said her client had a troubled background and began using drugs at a young age .
She said Irwin later got her life together had been doing very well .
She managed to complete her Leaving Certificate , the only person in her family to do so , and spent six years in the army .
@ @ @ @ @ @ @ set up a business together .
She completed a business management course , coming first out of 106 students .
Her partner then died suddenly of adult death syndrome .
Judge Melanie Greally adjourned sentencing to March 5th , 2020 when a full plea in mitigation will be given on Irwin ’ s behalf from her legal team .

Det Gda Fitzpatrick told Maurice Coffey BL, prosecuting, that Samatha Irwin had entered the shop, spent about ten minutes browsing and waiting for customers to leave before approaching the counter with an item. Photograph: Collins Courts
A detective who spotted a bloodstained post-it note fall from a robber’s pocket while reviewing CCTV was able to match DNA from the note to the perpetrator, a court has heard.
Samantha Irwin (36) dropped the post-it as she robbed €55 from a shop assistant while armed with a syringe. The note contained the numbers of out of hours homeless accommodation services.
Det Gda Michelle Fitzpatrick, who spotted the note, agreed with defence counsel that her impression was Irwin was a decent person who had made catastrophically bad choices.
Irwin, who described her life as “out of control”, has now sought help in addressing her drug addiction.
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Irwin, of Cushlawn Park, Tallaght, Dublin pleaded guilty at Dublin Circuit Criminal Court to robbery at Real Brazil, Capel Street, Dublin on September 20th, 2018.
Det Gda Fitzpatrick told Maurice Coffey BL, prosecuting, that Irwin had entered the shop, spent about ten minutes browsing and waiting for customers to leave before approaching the counter with an item.
Irwin grabbed the shop assistant by the jumper, uncapped a syringe and attempted to strike her in the arm. The shop assistant managed to remove her arm by pulling it up and out of her jumper.
Irwin demanded money and a total of €55 was handed over by the woman and her manager.
Previous convictions
CCTV footage of the robbery was aired on RTÉ’s Crimecall and Irwin was identified by three gardaí. The DNA evidence from blood on the note was also a match to Irwin. No money was recovered.
The shop assistant said in her victim impact statement that she now works only day shifts and is afraid to be in the shop alone. She feels anxiety about what could have happened.
Irwin has 19 previous convictions, mainly for road traffic offenses.
Sarah Jane O’Callaghan BL, defending, said her client had a troubled background and began using drugs at a young age.
She said Irwin later got her life together had been doing very well. She managed to complete her Leaving Certificate, the only person in her family to do so, and spent six years in the army.
She met her partner and they had set up a business together. She completed a business management course, coming first out of 106 students. Her partner then died suddenly of adult death syndrome.
Judge Melanie Greally adjourned sentencing to March 5th, 2020 when a full plea in mitigation will be given on Irwin's behalf from her legal team.


theirishtimes--2020-02-20--Student reaction to rent hikes ‘emotional’, says UCD president

Students in University College Dublin have reacted “ emotionally ” to a proposed increase of on-campus rents by 12 per cent , university president Professor Andrew Deeks has said .
On Thursday students held a sit-down protest outside a meeting of the university ’ s governing authority over proposals to increase rents over the next three years by the maximum allowed under rent cap laws .
Prof Deeks defended the decision as necessary to cover the increasing costs of running campus accommodation , and to help fund plans to build accommodation for 3,000 students on the south Dublin campus .
@ @ @ @ @ @ @ make money from the students , we ’ re out to put additional student residences into the market , ” he said .
“ The way you solve the housing crisis is building more houses , you don ’ t solve a housing crisis by putting caps on rents , you don ’ t solve a housing crisis by subsidising people to pay rents , all that does is push up the rents.
” Prof Deeks said while students had reacted “ quite emotionally ” to the increase , he had discussions with @ @ @ @ @ @ @ allow us move forward in partnership ” .
The most expensive student accommodation rooms on the Belfield campus are set to increase from €8,815 a year to nearly €10,000 under the plans .
Accommodation in the other student housing blocks would increase from €7,114 to €8,000 for the nine-month academic year .
The price hikes come on the back of previous increases in on-campus rent over recent years .
Commenting on the previous increases , Prof Deeks said in the past the university was subsidising the running costs of student housing .
“ @ @ @ @ @ @ @ where the university had to re-evaluate after the dramatic austerity cuts [ in third-level State funding ] , and you can see following that there is an increase , because there is a realisation that these costs need to be covered , ” he said .
Prof Deeks said the university would review the proposed 4 per cent rent increases each year , but played down suggestions the rates would be altered .
“ Certainly this year 4 per cent is absolutely necessary ; it ’ s difficult to see that it won @ @ @ @ @ @ @ years.
” Students had felt caught “ off guard ” by the latest rent increases , which the university could have communicated “ a little bit better ” .
Aoife Mawn ( 21 ) , deputy editor of the University Observer campus newspaper , said there was a growing perception among students they were being used as “ cash cows ” .
Míde Nic Fhionnlaoich ( 20 ) , a second-year student living on campus , said she would not be able to afford the increased rents next year .
“ I could @ @ @ @ @ @ @ ’ s just so unaffordable .
I think there ’ s a massive disconnect between the people making these decisions and the people affected by them , ” she said .
In the 2013-2014 academic year the cost of a room in the cheaper accommodation was €4,901 , and €5,971 in the more expensive housing .
These rates have been increased by more than 40 per cent over the past seven years .

Students in University College Dublin have reacted "emotionally" to a proposed increase of on-campus rents by 12 per cent, university president Professor Andrew Deeks has said.
On Thursday students held a sit-down protest outside a meeting of the university’s governing authority over proposals to increase rents over the next three years by the maximum allowed under rent cap laws.
Prof Deeks defended the decision as necessary to cover the increasing costs of running campus accommodation, and to help fund plans to build accommodation for 3,000 students on the south Dublin campus.
“We’re not out to make money from the students, we’re out to put additional student residences into the market,” he said.
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“The way you solve the housing crisis is building more houses, you don’t solve a housing crisis by putting caps on rents, you don’t solve a housing crisis by subsidising people to pay rents, all that does is push up the rents.”
Prof Deeks said while students had reacted “quite emotionally” to the increase, he had discussions with the students union on Thursday “to allow us move forward in partnership”.
The most expensive student accommodation rooms on the Belfield campus are set to increase from €8,815 a year to nearly €10,000 under the plans. Accommodation in the other student housing blocks would increase from €7,114 to €8,000 for the nine-month academic year.
The price hikes come on the back of previous increases in on-campus rent over recent years.
Cash cows
Commenting on the previous increases, Prof Deeks said in the past the university was subsidising the running costs of student housing.
“Clearly there was a point in time where the university had to re-evaluate after the dramatic austerity cuts [in third-level State funding], and you can see following that there is an increase, because there is a realisation that these costs need to be covered,” he said.
Prof Deeks said the university would review the proposed 4 per cent rent increases each year, but played down suggestions the rates would be altered.
“Certainly this year 4 per cent is absolutely necessary; it’s difficult to see that it won’t also be necessary in subsequent years.”
Students had felt caught “off guard” by the latest rent increases, which the university could have communicated “a little bit better”.
Aoife Mawn (21), deputy editor of the University Observer campus newspaper, said there was a growing perception among students they were being used as “cash cows”.
Míde Nic Fhionnlaoich (20), a second-year student living on campus, said she would not be able to afford the increased rents next year.
“I could barely swing it this year … It’s just so unaffordable. I think there’s a massive disconnect between the people making these decisions and the people affected by them,” she said.
In the 2013-2014 academic year the cost of a room in the cheaper accommodation was €4,901, and €5,971 in the more expensive housing. These rates have been increased by more than 40 per cent over the past seven years.


theirishtimes--2020-02-20--High Court jury finds man was not assaulted during Shell to Sea protest

A High Court jury has dismissed claims by a man that he was assaulted by a Garda during a Shell to Sea protest in Co Mayo .
The protest , held on August 20th , 2011 , was intended to frustrate the approach to the Shell refinery entrance of a vehicle convoy , lead by a tractor , on the public road at Glenamoy , near Belmullet .
A video recording of the protest was shown during Raymond Hanrahan ’ s case against the Garda Commissioner and State .
Mr Hanrahan ( 50 ) , with an address at Fairhill @ @ @ @ @ @ @ unlawfully arrested and falsely imprisoned on August 20th , 2011 for about three hours before being released having been charged at Belmullet Garda station with criminal damage to a high vis Garda jacket .
He also alleged malicious prosecution .
The claims were denied .
Arising from the evidence and rulings during the four-day case , the jury was asked to decide two questions .
The first asked whether Mr Hanrahan was assaulted by Garda Justin Browne , by being pushed out of the way when Mr Hanrahan entered the middle of the @ @ @ @ @ @ @ .
In a verdict delivered on Thursday afternoon after more than three hours deliberation , the jury answered no to that question with the effect they were not required to proceed to the second question which would have involved assessing damages .
Mr Justice Max Barrett thanked the jury for their service and discharged them .
The judge then heard submissions on Mr Hanrahan ’ s additional claim that he was maliciously prosecuted for criminal damage .
Mr Hanrahan ’ s District Court conviction on that charge was overturned by the Circuit Court @ @ @ @ @ @ @ was temporarily stationed in Belmullet from Drumlish Garda station , accepted the high vis jacket produced in the District and Circuit Courts was the incorrect one and he did not know the whereabouts of the correct one .
Desmond Dockery SC , for Mr Hanrahan , argued those and other factors , including the absence of any evidence the high-vis jacket was ripped or torn , amounted to more than negligence and constituted malicious prosecution .
Colm Smyth SC , for the defence , said there was a “ reasonable and proper ” @ @ @ @ @ @ @ damage charge .
What happened later was that Garda Browne unfortunately arrived in court with the wrong jacket and that was negligence but was not malicious as there was “ no evil intent ” , he argued .
Mr Justice Barrett will rule on the malicious prosecution claim on a later date .
In his evidence during the case , Mr Hanrahan said his ponytail was gripped from behind and he was pulled to the ground by several gardaí about 1.20pm on August 20th , 2011 after he had removed an epaulette , @ @ @ @ @ @ @ right shoulder of the high-vis jacket of Garda Browne .
He said Garda Browne had earlier pushed him roughly , he wanted to get his number for the purpose of making a complaint and he had not torn or damaged the high vis jacket .
In cross-examination , Mr Hanrahan agreed he had not made a complaint of injury when he was in Belmullet Garda station .
He disagreed the task of gardaí at the Shell protests was to keep the peace and described them as “ agents of Shell ” .
In @ @ @ @ @ @ @ epaulette was forcibly removed by Mr Hanrahan from his high vis jacket , he had gone after Mr Hanrahan to recover it , arrested Mr Hanrahan for the offence of criminal damage and cautioned him .
He agreed in cross-examination the high vis jacket is no longer available and he had not followed the chain of custody rules concerning evidence .
He denied he had pushed back and assaulted Mr Hanrahan using excessive force and had no reasonable suspicion for arresting him on a criminal damage charge .

A High Court jury has dismissed claims by a man that he was assaulted by a Garda during a Shell to Sea protest in Co Mayo.
The protest, held on August 20th, 2011, was intended to frustrate the approach to the Shell refinery entrance of a vehicle convoy, lead by a tractor, on the public road at Glenamoy, near Belmullet.
A video recording of the protest was shown during Raymond Hanrahan’s case against the Garda Commissioner and State.
Mr Hanrahan (50), with an address at Fairhill, Cork, had claimed he was unlawfully arrested and falsely imprisoned on August 20th, 2011 for about three hours before being released having been charged at Belmullet Garda station with criminal damage to a high vis Garda jacket. He also alleged malicious prosecution. The claims were denied.
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Arising from the evidence and rulings during the four-day case, the jury was asked to decide two questions.
The first asked whether Mr Hanrahan was assaulted by Garda Justin Browne, by being pushed out of the way when Mr Hanrahan entered the middle of the road to attempt to block the tractor.
In a verdict delivered on Thursday afternoon after more than three hours deliberation, the jury answered no to that question with the effect they were not required to proceed to the second question which would have involved assessing damages.
Mr Justice Max Barrett thanked the jury for their service and discharged them.
The judge then heard submissions on Mr Hanrahan’s additional claim that he was maliciously prosecuted for criminal damage.
Malicious
Mr Hanrahan's District Court conviction on that charge was overturned by the Circuit Court after Garda Browne, who in 2011 was temporarily stationed in Belmullet from Drumlish Garda station, accepted the high vis jacket produced in the District and Circuit Courts was the incorrect one and he did not know the whereabouts of the correct one.
Desmond Dockery SC, for Mr Hanrahan, argued those and other factors, including the absence of any evidence the high-vis jacket was ripped or torn, amounted to more than negligence and constituted malicious prosecution.
Colm Smyth SC, for the defence, said there was a “reasonable and proper” cause for the prosecution on a criminal damage charge. What happened later was that Garda Browne unfortunately arrived in court with the wrong jacket and that was negligence but was not malicious as there was “no evil intent”, he argued.
Mr Justice Barrett will rule on the malicious prosecution claim on a later date.
In his evidence during the case, Mr Hanrahan said his ponytail was gripped from behind and he was pulled to the ground by several gardaí about 1.20pm on August 20th, 2011 after he had removed an epaulette, containing an identification number, from the right shoulder of the high-vis jacket of Garda Browne.
He said Garda Browne had earlier pushed him roughly, he wanted to get his number for the purpose of making a complaint and he had not torn or damaged the high vis jacket.
In cross-examination, Mr Hanrahan agreed he had not made a complaint of injury when he was in Belmullet Garda station. He disagreed the task of gardaí at the Shell protests was to keep the peace and described them as “agents of Shell”.
In his evidence, Garda Browne said an epaulette was forcibly removed by Mr Hanrahan from his high vis jacket, he had gone after Mr Hanrahan to recover it, arrested Mr Hanrahan for the offence of criminal damage and cautioned him.
He agreed in cross-examination the high vis jacket is no longer available and he had not followed the chain of custody rules concerning evidence. He denied he had pushed back and assaulted Mr Hanrahan using excessive force and had no reasonable suspicion for arresting him on a criminal damage charge.


theirishtimes--2020-02-20--Record amount of money raised in 2019 Black Santa Christmas appeal

A record € 45,000 was donated to the 2019 Black Santa Appeal last Christmas at St Ann ’ s Church on Dublin ’ s Dawson Street .
Vicar of St Ann ’ s , Canon David Gillespie and assistant Fred Deane , backed by a team of parish volunteers , collected their largest ever amount outside the church in the days before Christmas .
The money raised has been distributed among 15 charities ; The Solas Project , Protestant Aid , Diocesan Refugee Project , Alice Leahy Trust , St Vincent de Paul , Peter McVerry Trust , Focus Ireland @ @ @ @ @ @ @ , Jack and Jill Foundation , LauraLynn Foundation , Here2Help , PACT , Dublin Street Pastors and Brabazon Trust .
Speaking on behalf of the charities at the handing over of cheques to their representatives , founder of LauraLynn Children ’ s Hospice Jane McKenna said she was “ astounded by the kindness and generosity of all those who have helped us and thank you to St Ann ’ s ” .
“ It ’ s wonderful what you do for charities.
” David Webb of Protestant Aid thanked St Ann ’ s @ @ @ @ @ @ @ efforts make a real difference to people ’ s lives , ” he said .
Canon Gillespie thanked all the charities for the work they do and all in St Ann ’ s who help out with the annual appeal , in particular the ever enthusiastic Fred Deane .
“ To raise € 45,000 in the week before Christmas is no mean feat and in this church we should be very proud of that , ” he said .

The pupils of Kildare Place School sing Christmas carols at the 2019 Black Santa sit-out at St Ann’s Church, Dawson Street, Dublin which raised €45,000 for charity. File photograph: Alan Betson/ The Irish Times
A record € 45,000 was donated to the 2019 Black Santa Appeal last Christmas at St Ann's Church on Dublin's Dawson Street. Vicar of St Ann's, Canon David Gillespie and assistant Fred Deane, backed by a team of parish volunteers, collected their largest ever amount outside the church in the days before Christmas.
The money raised has been distributed among 15 charities; The Solas Project, Protestant Aid, Diocesan Refugee Project, Alice Leahy Trust, St Vincent de Paul, Peter McVerry Trust, Focus Ireland, the Samaritans, Discovery Gospel Choir, Jack and Jill Foundation, LauraLynn Foundation, Here2Help, PACT, Dublin Street Pastors and Brabazon Trust.
Speaking on behalf of the charities at the handing over of cheques to their representatives, founder of LauraLynn Children’s Hospice Jane McKenna said she was “astounded by the kindness and generosity of all those who have helped us and thank you to St Ann’s”.
“It’s wonderful what you do for charities.”
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David Webb of Protestant Aid thanked St Ann's for their amazing generosity. "Your efforts make a real difference to people's lives," he said.
Canon Gillespie thanked all the charities for the work they do and all in St Ann’s who help out with the annual appeal, in particular the ever enthusiastic Fred Deane.
“To raise € 45,000 in the week before Christmas is no mean feat and in this church we should be very proud of that,” he said.


theirishtimes--2020-02-20--Teenager only realised she’d been sexually assaulted when sent a video clip, court told

A Co Clare teenage girl only realised that she had been the victim of a sex assault when sent a video clip via Facebook of the assault the following day , a court has heard .
At Ennis Circuit Court on Thursday , Det Garda Conor Flaherty said the then 18-year-old was sent the 50-60 second clip by a male friend who had videoed the assault .
Father-of-two , Rene Miko ( 22 ) formerly of Place de Plouzane , Kilrush , Co Clare has pleaded guilty to the sexual assault of the teenager at a house on October 9th/10th @ @ @ @ @ @ @ in Slovakia , is currently serving four years in jail for dangerous driving causing the death of GAA coach Eugene McNamara ( 42 ) on October 26th , 2016 .
In court on Thursday , Det Flaherty said Miko , the teenage girl and other friends had gone to a party at a friend ’ s house in Corofin .
He said the complainant “ doesn ’ t remember anything from the night ” .
The general thrust of statements by two of the injured party ’ s female friends was that she @ @ @ @ @ @ @ that she had fallen on the floor of the house and was vomiting ” , he said .
Det Flaherty said the two put their friend to bed at around 1am and she had her clothes on .
On October 11th , the injured party received a video of the sex assault from a male friend via Facebook messenger , the court was told .
It showed Mr Miko engaged in a sexual act with the injured party ” on the bed where she had gone to sleep .
Counsel for the State @ @ @ @ @ @ @ from the complainant ’ s two female friends clearly established that the injured party was incapable of any consent to any sexual act .
The complainant was not in court on Thursday but in her victim impact statement read into the record , the woman stated : “ I lost out on my youth over this .
Life has been very difficult.
” She added : “ I lost all my trust in people after the ones I trusted the most took that away from me.
” She also said after Miko ’ @ @ @ @ @ @ @ move on with my life and that justice was done for what happened to me ” .
Counsel for Miko , Mark Nicholas SC said his client “ very much regrets that an evening that started off with such fun could have had this aspect to it ” .
Mr Nicholas said the case “ doesn ’ t have the ingredients and nastiness that other sex assault cases can often have of predatory behaviour or a sober person taking advantage of an intoxicated person ” .
He said the people at the party @ @ @ @ @ @ @ t the most straight-forward matter “ and lines and judgement became blurred ” , he said .
He said Miko and his friends were contaminated by alcohol on the night and “ something occurred that should not have occurred if people had been of sober minds ” .
He also said “ it wasn ’ t a situation where Mr Miko was waiting in the corner silently and sinisterly waiting for someone to get drunk and to take advantage .
This was an evolving situation ” .
The injured party was “ wronged @ @ @ @ @ @ @ Miko is full of upset and remorse over what occurred .
Judge Gerald Keys said he would impose sentence on on March 4th .

Father-of-two Rene Miko (22) formerly of Place de Plouzane, Kilrush, Co Clare has pleaded guilty to the sexual assault of the teenager at a house on October 9th/10th 2015. File photograph: Eamon Ward
A Co Clare teenage girl only realised that she had been the victim of a sex assault when sent a video clip via Facebook of the assault the following day, a court has heard.
At Ennis Circuit Court on Thursday, Det Garda Conor Flaherty said the then 18-year-old was sent the 50-60 second clip by a male friend who had videoed the assault.
Father-of-two, Rene Miko (22) formerly of Place de Plouzane, Kilrush, Co Clare has pleaded guilty to the sexual assault of the teenager at a house on October 9th/10th 2015.
Miko, who was born in Slovakia, is currently serving four years in jail for dangerous driving causing the death of GAA coach Eugene McNamara (42) on October 26th, 2016.
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In court on Thursday, Det Flaherty said Miko, the teenage girl and other friends had gone to a party at a friend’s house in Corofin.
He said the complainant “doesn’t remember anything from the night”.
The general thrust of statements by two of the injured party’s female friends was that she was “very, very drunk and that she had fallen on the floor of the house and was vomiting”, he said.
Det Flaherty said the two put their friend to bed at around 1am and she had her clothes on. On October 11th, the injured party received a video of the sex assault from a male friend via Facebook messenger, the court was told. It showed Mr Miko engaged in a sexual act with the injured party” on the bed where she had gone to sleep.
‘Lost trust’
Counsel for the State, Lorcan Connolly BL said the evidence from the complainant’s two female friends clearly established that the injured party was incapable of any consent to any sexual act.
The complainant was not in court on Thursday but in her victim impact statement read into the record, the woman stated: “I lost out on my youth over this. Life has been very difficult.”
She added: “I lost all my trust in people after the ones I trusted the most took that away from me.”
She also said after Miko’s guilty plea she could “now move on with my life and that justice was done for what happened to me”.
Counsel for Miko, Mark Nicholas SC said his client “very much regrets that an evening that started off with such fun could have had this aspect to it”.
Mr Nicholas said the case “doesn’t have the ingredients and nastiness that other sex assault cases can often have of predatory behaviour or a sober person taking advantage of an intoxicated person”. He said the people at the party were long-term friends. It wasn’t the most straight-forward matter “and lines and judgement became blurred”, he said.
He said Miko and his friends were contaminated by alcohol on the night and “something occurred that should not have occurred if people had been of sober minds”. He also said “it wasn’t a situation where Mr Miko was waiting in the corner silently and sinisterly waiting for someone to get drunk and to take advantage. This was an evolving situation”.
The injured party was “wronged”, Mr Nicholas said, and Miko is full of upset and remorse over what occurred.
Judge Gerald Keys said he would impose sentence on on March 4th.


theirishtimes--2020-02-20--Court of Appeal increases sentences for high-end assault cases

The courts should not shy away from starting at five years ’ imprisonment when it comes to sentencing individuals for “ high-end ” cases of assault causing harm , according to the Court of Appeal .
Mr Justice George Birmingham , president of the Court of Appeal , made the observation after three people jailed for three separate assaults in Waterford were found to have been given “ unduly lenient ” sentences .
In each case , the appeal court president said the maximum available sentence of five years ’ imprisonment for section 3 assault ( assault causing harm ) @ @ @ @ @ @ @ point , or headline sentence , before adjusting the sentence down to take account of the mitigating factors .
The courts generally reserve maximum headline sentences for the worst types of cases , but the “ overall architecture of assault-type offences ” meant that some section 3 assaults were “ borderline ” section 4 assaults ( recklessly or intentionally causing serious harm ) , Mr Justice Birmingham said .
The maximum available sentence for so-called section 4 assaults is life imprisonment .
“ Certainly , judges should not operate on the basis that @ @ @ @ @ @ @ not generally available and that it should only be considered .
.
.
in exceptional circumstances.
” He observed that judges may be “ too reluctant to consider ” starting at five years ’ imprisonment for section 3 assaults but it should not be “ excluded ” for “ high-end ” assaults .
As the facts of the three cases before the court showed , some section 3 assaults “ can be very serious indeed ” .
Martina McGrath ( 27 ) , with an address at Connolly Place , Waterford city , @ @ @ @ @ @ @ jail by the Court of Appeal on Thursday for stabbing a pregnant woman in broad daylight on the city ’ s Quays in June 2018 .
The Director of Public Prosecutions had appealed her original 18-month jail term on grounds it was “ unduly lenient ” .
Dale Brazil ( 25 ) , with an address at Gracedieu , in Waterford city , was given an extra year in jail following an appeal by prosecutors for attacking a man with a metal bar , after threatening his mother at a dwelling where the @ @ @ @ @ @ @ was found to be too lenient .
Mark Dolan ( 32 ) , of Clonard Park , Ballybeg , in Waterford , was told that his original six-month jail term for smashing a glass into a talented rugby player ’ s face was too lenient .
But Dolan avoided being sent back to jail as he was said to have “ completely turned his life around ” in the meantime , as had been submitted by his barrister , Mairéad Deevy BL .
Conor O ’ Doherty BL , counsel for the Director @ @ @ @ @ @ @ cases , submitted that the headline sentences selected in each case were “ too low ” and , thereafter , the ultimate sentences had to be seen as “ unduly lenient ” .
In each of the three cases before the Court of Appeal , Mr Justice Birmingham said consideration should have been given to headline sentences of five years ’ imprisonment .
He said factors that would tend to aggravate section 3 assaults include the infliction of significant injuries , the use of a weapon , the involvement of two or more @ @ @ @ @ @ @ .
In the case of Martina McGrath , a weapon was used , there were two assailants , very significant injuries were inflicted and the offence was committed by someone with a “ significant prior record ” which included directly relevant previous convictions for violent assault .
In the case of Dale Brazil , Mr Justice Birmingham said the attack on the injured party was pre-planned .
It involved making an approach to the dwelling where the offence occurred , the use of weapons by two assailants , and the infliction of injuries @ @ @ @ @ @ @ victim ’ s quality of life .
He said the assault by Mark Dolan in a Waterford nightclub involved extreme violence , the use of a weapon and the infliction of permanent scarring on the victim ’ s left cheek .
At the time of the incident , he said the victim had been training with the Ireland U-19 rugby team but , because of the injuries sustained , he was unable to play or train for a period and lost his place with the squad .
Mr Justice Birmingham , who sat @ @ @ @ @ @ @ Justice Isobel Kennedy , said the appeals were not linked or connected in any way , but there was some merit in giving a single judgment on all three cases , “ as that course of action may provide greater assistance in the context of future cases ” .
He said the court was in “ no doubt ” that in each of the three cases , there was an error in identifying the starting or pre-mitigation headline figure and , in each case , the sentences that were actually imposed were “ @ @ @ @

Mark Dolan, of Clonard Park, Ballybeg, Waterford, was told that his original six-month jail term for smashing a glass into a talented rugby player’s face was too lenient. Photograph: Collins Courts
The courts should not shy away from starting at five years’ imprisonment when it comes to sentencing individuals for “high-end” cases of assault causing harm, according to the Court of Appeal.
Mr Justice George Birmingham, president of the Court of Appeal, made the observation after three people jailed for three separate assaults in Waterford were found to have been given "unduly lenient" sentences.
In each case, the appeal court president said the maximum available sentence of five years’ imprisonment for section 3 assault (assault causing harm) should have been considered as a starting point, or headline sentence, before adjusting the sentence down to take account of the mitigating factors.
The courts generally reserve maximum headline sentences for the worst types of cases, but the “overall architecture of assault-type offences” meant that some section 3 assaults were “borderline” section 4 assaults (recklessly or intentionally causing serious harm), Mr Justice Birmingham said. The maximum available sentence for so-called section 4 assaults is life imprisonment.
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“Certainly, judges should not operate on the basis that a starting point of five years is not generally available and that it should only be considered . . . in exceptional circumstances.”
He observed that judges may be “too reluctant to consider” starting at five years’ imprisonment for section 3 assaults but it should not be “excluded” for “high-end” assaults. As the facts of the three cases before the court showed, some section 3 assaults “can be very serious indeed”.
Stabbing
Martina McGrath (27), with an address at Connolly Place, Waterford city, was given an extra two years in jail by the Court of Appeal on Thursday for stabbing a pregnant woman in broad daylight on the city's Quays in June 2018. The Director of Public Prosecutions had appealed her original 18-month jail term on grounds it was "unduly lenient".
Dale Brazil (25), with an address at Gracedieu, in Waterford city, was given an extra year in jail following an appeal by prosecutors for attacking a man with a metal bar, after threatening his mother at a dwelling where the assault occurred. His original two-year sentence was found to be too lenient.
Mark Dolan (32), of Clonard Park, Ballybeg, in Waterford, was told that his original six-month jail term for smashing a glass into a talented rugby player's face was too lenient. But Dolan avoided being sent back to jail as he was said to have "completely turned his life around" in the meantime, as had been submitted by his barrister, Mairéad Deevy BL.
Conor O’Doherty BL, counsel for the Director of Public Prosecutions in each of the cases, submitted that the headline sentences selected in each case were “too low” and, thereafter, the ultimate sentences had to be seen as “unduly lenient”.
In each of the three cases before the Court of Appeal, Mr Justice Birmingham said consideration should have been given to headline sentences of five years’ imprisonment.
He said factors that would tend to aggravate section 3 assaults include the infliction of significant injuries, the use of a weapon, the involvement of two or more assailants as well as planning or premeditation.
Significant injuries
In the case of Martina McGrath, a weapon was used, there were two assailants, very significant injuries were inflicted and the offence was committed by someone with a “significant prior record” which included directly relevant previous convictions for violent assault.
In the case of Dale Brazil, Mr Justice Birmingham said the attack on the injured party was pre-planned. It involved making an approach to the dwelling where the offence occurred, the use of weapons by two assailants, and the infliction of injuries which had a significant impact on the victim’s quality of life.
He said the assault by Mark Dolan in a Waterford nightclub involved extreme violence, the use of a weapon and the infliction of permanent scarring on the victim's left cheek. At the time of the incident, he said the victim had been training with the Ireland U-19 rugby team but, because of the injuries sustained, he was unable to play or train for a period and lost his place with the squad.
Mr Justice Birmingham, who sat with Mr Justice John Edwards and Ms Justice Isobel Kennedy, said the appeals were not linked or connected in any way, but there was some merit in giving a single judgment on all three cases, "as that course of action may provide greater assistance in the context of future cases".
He said the court was in “no doubt” that in each of the three cases, there was an error in identifying the starting or pre-mitigation headline figure and, in each case, the sentences that were actually imposed were “unduly lenient”.


theirishtimes--2020-02-20--Double marriage proposals for newly-commissioned army officers in Dublin Castle

Two Maltese officer-cadets sprung surprise proposals on their partners at their commissioning ceremony in Dublin on Thursday .
The commissioning ceremony for the Cadet School has changed little since it was introduced in 1929 .
Each officer-cadet is called by name , the oath of commissioning is read and sworn by the cadets .
They then received their sword and rank markings followed by their commission parchment .
Thursday ’ s ceremony at Dublin Castle was distinguished by being the biggest in the history of the State with 91 cadets becoming commissioned officers .
It included nine women cadets .
@ @ @ @ @ @ @ be held in Dublin Castle , once the seat of British rule in Ireland and the place where power was handed over from the British authorities to the Irish in January 1922 .
The class of 2019/20 included six Maltese recruits who had trained at the Cadet School in the Curragh .
Second Lieutenant Neil Spiteri ( 30 ) and Second Lieutenant Aaron Zammit ( 24 ) hatched a plan to propose to their respective girlfriends at the end of the ceremony .
Their now fiancées , Nadesh Barbara ( 27 ) and @ @ @ @ @ @ @ , fortunately for the men involved , and both were in tears and shaking at the end of it .
The proposal was watched by Second Lieutenant Spiteri and Ms Barbara ’ s son Lydon .
“ We thought about it two months ago and we said , ‘ why not ?
’ I ’ ve been with Nadesh now for eight years so it was time , ” said a clearly delighted and relieved Second Lieutenant Spiteri .
The happy couples were flying back to Malta on Wednesday following the completion of @ @ @ @ @ @ @ ’ t easy , Lieutenant Spiteri , admitted training outdoors in a wet and cold county like Ireland when you come from a sunny Mediterranean island like Malta .
It was a proud day for Lieutenant Robert Sheehan ( 24 ) from Cork city , the fourth generation of his family to serve in the Defence Forces going back to his grandfather Timmy who had been in the old IRA a century ago .
Robert ’ s father Patrick Sheehan is a retired captain and his grandfather Tom Sheehan a retired commandant from @ @ @ @ @ @ @ in Dublin Castle .
“ They were a big influence in joining .
I was always interested from an early age .
I hope to serve overseas in a year or two , ” said Robert .
“ Every day is different .
You ’ re never stuck behind a desk .
You ’ re out and about .
You are encouraged to stay fit.
” Lieutenant Turlough Gallagher ( 28 ) from Tattyreach , Co Tyrone received the claidheamh gasciochta - the “ hero ’ s sword ” for coming top of @ @ @ @ @ @ @ Kehoe could not be there because of Dáil commitments .
Instead his speech was read on his behalf by the Secretary General of the Department of Defence Maurice Quinn .
In the speech , Mr Kehoe acknowledged that “ there was no quick fix ” regarding the issues of recruitment and retention in the Defence Forces .
He said the Government had already provided €10 million to deal with the pay issue which was a priority .
He acknowledged that many Defence Forces across Europe had trouble recruiting because of full employment in @ @ @ @ @ @ @

Lieutenant Neil Spiteri (30) and Second Lieutenant Aaron Zammit (24) propose to Nadesh Barbara (27) and Amy Zammit (20) at the commissioning ceremony in Dublin Castle on Thursday.
Two Maltese officer-cadets sprung surprise proposals on their partners at their commissioning ceremony in Dublin on Thursday.
The commissioning ceremony for the Cadet School has changed little since it was introduced in 1929.
Each officer-cadet is called by name, the oath of commissioning is read and sworn by the cadets. They then received their sword and rank markings followed by their commission parchment.
Thursday’s ceremony at Dublin Castle was distinguished by being the biggest in the history of the State with 91 cadets becoming commissioned officers. It included nine women cadets.
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It was also only the third to be held in Dublin Castle, once the seat of British rule in Ireland and the place where power was handed over from the British authorities to the Irish in January 1922.
The class of 2019/20 included six Maltese recruits who had trained at the Cadet School in the Curragh.
Second Lieutenant Neil Spiteri (30) and Second Lieutenant Aaron Zammit (24) hatched a plan to propose to their respective girlfriends at the end of the ceremony.
Their now fiancées, Nadesh Barbara (27) and Amy Zammit (20) said yes, fortunately for the men involved, and both were in tears and shaking at the end of it.
The proposal was watched by Second Lieutenant Spiteri and Ms Barbara’s son Lydon.
“We thought about it two months ago and we said, ‘why not?’ I’ve been with Nadesh now for eight years so it was time,” said a clearly delighted and relieved Second Lieutenant Spiteri.
The happy couples were flying back to Malta on Wednesday following the completion of the 15-month cadet course. It wasn't easy, Lieutenant Spiteri, admitted training outdoors in a wet and cold county like Ireland when you come from a sunny Mediterranean island like Malta.
Fourth generation
It was a proud day for Lieutenant Robert Sheehan (24) from Cork city, the fourth generation of his family to serve in the Defence Forces going back to his grandfather Timmy who had been in the old IRA a century ago.
Robert's father Patrick Sheehan is a retired captain and his grandfather Tom Sheehan a retired commandant from the Irish army. Both were present in Dublin Castle.
“They were a big influence in joining. I was always interested from an early age. I hope to serve overseas in a year or two,” said Robert.
“Every day is different. You’re never stuck behind a desk. You’re out and about. You are encouraged to stay fit.”
Lieutenant Turlough Gallagher (28) from Tattyreach, Co Tyrone received the claidheamh gasciochta - the "hero's sword" for coming top of his class.
Minister for Defence Paul Kehoe could not be there because of Dáil commitments. Instead his speech was read on his behalf by the Secretary General of the Department of Defence Maurice Quinn.
In the speech, Mr Kehoe acknowledged that “there was no quick fix” regarding the issues of recruitment and retention in the Defence Forces.
He said the Government had already provided €10 million to deal with the pay issue which was a priority.
He acknowledged that many Defence Forces across Europe had trouble recruiting because of full employment in many economies including Ireland's.


theirishtimes--2020-02-20--Woman left in middle of nowhere after being raped by three Dublin teenagers, court told

A woman has told the Central Criminal Court that she was left in the middle of nowhere after being raped by three Dublin teenagers .
The three men , who can not be named for legal reasons , have pleaded not guilty at the Central Criminal Court to raping a woman at Bull Island , Dollymount , Dublin , on January 5 , 2016 .
The woman was aged 18 at the time and the accused were aged 17 to 18 .
In her opening speech to the jury , Anne-Marie Lawlor SC , prosecuting , said the jury would @ @ @ @ @ @ @ accused in an internet cafe on the evening in question .
Ms Lawlor said the woman claims they brought her to Dollymount Strand where she was raped by each of the men in turn .
The woman told Ms Lawlor earlier in the trial that the men said they were going for a drive and they would bring her back to where she was .
She said she did not want to go at first , but agreed to go for a walk and got into the car with the three men .
@ @ @ @ @ @ @ in the middle of nowhere and was basically out at the sea .
She said the driver asked “ are we going to have some fun ” ?
The woman said that the three men got out of the car and then the man who had been in the front passenger seat got in beside her .
He asked were they going to do anything and she said no .
She said the man pulled down his trousers , put on a condom and pulled down her trousers .
She said she did @ @ @ @ @ @ @ got on top of her and put his penis inside her vagina .
The woman said that after the man was finished , he left the car and the another man came over .
She said she did not want to go through that again before this man put on a condom and put his penis inside her .
She said that after the second man was finished , he called over his friend and handed him a condom .
The third man then pushed himself on her and kissed her .
She @ @ @ @ @ @ @ .
The woman said she felt horrible , shocked and disgusted .
She said her door had a child lock on it and she could not get out of the car the whole time she was there .
She said she was told that another person was going to pick her up and bring her home .
She said the car headed off very quickly .
The woman said another car arrived containing three men .
She said they asked if she was going to have sex with them and she said she @ @ @ @ @ @ @ the driver pulled down her trousers , got a hold of her head and put his penis inside her .
She said that another man was standing there with a light on his phone and she was sure that it was being video recorded .
The woman said that the men all got into the car , laughed and they drove away , leaving her in the middle of nowhere .
She said she walked away until she found a closed Chinese restaurant and asked people there to call gardaí .
The trial @ @ @ @ @ @ @ a jury .
The jury was empanelled earlier this month but there has been lengthy legal argument and the trial only resumed in evidence on Thursday .

The woman was aged 18 at the time of the alleged offence and the accused were aged 17 to 18.
A woman has told the Central Criminal Court that she was left in the middle of nowhere after being raped by three Dublin teenagers.
The three men, who cannot be named for legal reasons, have pleaded not guilty at the Central Criminal Court to raping a woman at Bull Island, Dollymount, Dublin, on January 5, 2016. The woman was aged 18 at the time and the accused were aged 17 to 18.
In her opening speech to the jury, Anne-Marie Lawlor SC, prosecuting, said the jury would hear that the complainant met the three accused in an internet cafe on the evening in question.
Ms Lawlor said the woman claims they brought her to Dollymount Strand where she was raped by each of the men in turn.
READ MORE
The woman told Ms Lawlor earlier in the trial that the men said they were going for a drive and they would bring her back to where she was. She said she did not want to go at first, but agreed to go for a walk and got into the car with the three men.
She said that the car ended up in the middle of nowhere and was basically out at the sea. She said the driver asked “are we going to have some fun”?
The woman said that the three men got out of the car and then the man who had been in the front passenger seat got in beside her. He asked were they going to do anything and she said no.
She said the man pulled down his trousers, put on a condom and pulled down her trousers. She said she did not want to do anything and he got on top of her and put his penis inside her vagina.
Child lock
The woman said that after the man was finished, he left the car and the another man came over. She said she did not want to go through that again before this man put on a condom and put his penis inside her.
She said that after the second man was finished, he called over his friend and handed him a condom. The third man then pushed himself on her and kissed her. She said she did not consent to it.
The woman said she felt horrible, shocked and disgusted. She said her door had a child lock on it and she could not get out of the car the whole time she was there.
She said she was told that another person was going to pick her up and bring her home. She said the car headed off very quickly.
The woman said another car arrived containing three men. She said they asked if she was going to have sex with them and she said she did not want to.
She said the driver pulled down her trousers, got a hold of her head and put his penis inside her. She said that another man was standing there with a light on his phone and she was sure that it was being video recorded.
The woman said that the men all got into the car, laughed and they drove away, leaving her in the middle of nowhere. She said she walked away until she found a closed Chinese restaurant and asked people there to call gardaí.
The trial continues before Mr Justice Alexander Owens and a jury.
The jury was empanelled earlier this month but there has been lengthy legal argument and the trial only resumed in evidence on Thursday.


theirishtimes--2020-02-20--Dublin City Council retains high ground in planning war

In the on-going multi-storey War of the Docklands , Dublin City Council has won the latest and possibly most significant battle yet .
On his third attempt , after being slapped down by the council both through the planning process and the courts , developer Johnny Ronan last year secured permission from An Bord Pleanála for his 13-storey residential tower at Spencer Dock beside Salesforce ’ s new European headquarters .
In an unprecedented move , and one which city planner John O ’ Hara said he regretted having to make , the council took Judicial Review proceedings against the @ @ @ @ @ @ @ on Thursday told the court it would not contest the case .
The court quashed the board ’ s decision , and gave it six weeks to issue a new one .
The issue at play was that Mr Ronan ’ s site is within a Strategic Development Zone ( SDZ ) .
The SDZ planning scheme sets a range of uses , and of heights , for different landbanks .
While this restricts landowners in what they can do with their lands , it also affords them the security of knowing that @ @ @ @ @ @ @ the terms of the SDZ scheme , their application will secure permission .
On the site in question the council set heights of between five and seven storeys for commercial/residential development .
Mr Ronan was granted permission by the council in 2018 for apartments and an apart-hotel up to seven storeys tall .
However , later that year Minister for Housing Eoghan Murphy issued new height guidelines , effectively removing caps on the height , and Mr Ronan decided to ask the council to allow him build up to 13 storeys .
The @ @ @ @ @ @ @ Minister ’ s height guidelines required the council to “ carry out a review ” to ensure those guidelines were “ reflected ” in the SDZ scheme .
Mr Ronan took the council to court , last May he lost .
The council , just a few days later , submitted its review of heights in the SDZ to An Bord Pleanála .
The council recommended the heights on this particular site be six - 10 storeys residential with the potential for two 12 storey “ landmark ” buildings .
An Bord Pleanála @ @ @ @ @ @ @ the council ’ s SDZ amendments .
Nevertheless .
Mr Ronan , following his court defeat last May made an application directly to the board under the Strategic Housing Development ( SHD ) process for his 13 storeys , removing the apart-hotel element in favour of a co-living block to qualify for SHD designation which allows applications for large scale residential developments to be made directly to the board , by-passing the council .
The board ’ s inspector Stephen Rhys Thomas last November recommended refusal .
He said the current height limits @ @ @ @ @ @ @ board issued its decision on the SDZ amendments .
“ I see no value in second guessing what the outcome of this process might be , and it would be imprudent to advise the Board to make a positive decision on this planning application in advance of deciding the outcome of the Planning Scheme amendment process .
In short , I find the proposed development premature pending the outcome of this formal amendment process .
Permission should be refused for this reason alone , ” he said .
However , the board granted @ @ @ @ @ @ @ that was the subject of the judicial review .
The council ’ s action was against the board , not the developer , but of course Mr Ronan and his residential scheme are the collateral damage .
He ’ s not taking it well .
It was , according to a statement from his company “ a perverse outcome ” which meant construction work would have to cease .
“ This will delay delivery of 548 badly needed residential units , including 47 social housing units , in the middle of a housing @ @ @ @ @ @ @ People have a right to expect better from Dublin City Council , and the planning process.
” From the council ’ s point of view it might appear to be a rather short hill to be willing to die on , given its intention is to allow 12 storeys – pending the board ’ s approval – and Mr Ronan wants 13 , but according to Mr O ’ Hara , a principle of democracy was at stake .
“ The city council was very reluctant to take judicial review proceedings but the @ @ @ @ @ @ @ it was essential to ensure the integrity of the plan making process was maintained .
”

Construction has already begun on the development at Spencer Dock, but according to a statement from the company it will now have to cease.
In the on-going multi-storey War of the Docklands, Dublin City Council has won the latest and possibly most significant battle yet.
On his third attempt, after being slapped down by the council both through the planning process and the courts, developer Johnny Ronan last year secured permission from An Bord Pleanála for his 13-storey residential tower at Spencer Dock beside Salesforce's new European headquarters.
In an unprecedented move, and one which city planner John O’Hara said he regretted having to make, the council took Judicial Review proceedings against the board’s decision. The board on Thursday told the court it would not contest the case. The court quashed the board’s decision, and gave it six weeks to issue a new one.
The issue at play was that Mr Ronan’s site is within a Strategic Development Zone (SDZ). The SDZ planning scheme sets a range of uses, and of heights, for different landbanks. While this restricts landowners in what they can do with their lands, it also affords them the security of knowing that, as long as they comply with the terms of the SDZ scheme, their application will secure permission.
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On the site in question the council set heights of between five and seven storeys for commercial/residential development. Mr Ronan was granted permission by the council in 2018 for apartments and an apart-hotel up to seven storeys tall.
However, later that year Minister for Housing Eoghan Murphy issued new height guidelines, effectively removing caps on the height, and Mr Ronan decided to ask the council to allow him build up to 13 storeys.
The council said no. It argued the Minister’s height guidelines required the council to “carry out a review” to ensure those guidelines were “reflected” in the SDZ scheme.
Review of heights
Mr Ronan took the council to court, last May he lost. The council, just a few days later, submitted its review of heights in the SDZ to An Bord Pleanála. The council recommended the heights on this particular site be six - 10 storeys residential with the potential for two 12 storey “landmark” buildings.
An Bord Pleanála has yet to make a decision on the council’s SDZ amendments.
Nevertheless. Mr Ronan, following his court defeat last May made an application directly to the board under the Strategic Housing Development (SHD) process for his 13 storeys, removing the apart-hotel element in favour of a co-living block to qualify for SHD designation which allows applications for large scale residential developments to be made directly to the board, by-passing the council.
The board's inspector Stephen Rhys Thomas last November recommended refusal. He said the current height limits of five-seven storeys still applied until the board issued its decision on the SDZ amendments.
“I see no value in second guessing what the outcome of this process might be, and it would be imprudent to advise the Board to make a positive decision on this planning application in advance of deciding the outcome of the Planning Scheme amendment process.
In short, I find the proposed development premature pending the outcome of this formal amendment process. Permission should be refused for this reason alone,” he said.
Judicial review
However, the board granted permission, and it is this decision that was the subject of the judicial review.
The council’s action was against the board, not the developer, but of course Mr Ronan and his residential scheme are the collateral damage. He’s not taking it well.
It was, according to a statement from his company “a perverse outcome” which meant construction work would have to cease.
“This will delay delivery of 548 badly needed residential units, including 47 social housing units, in the middle of a housing crisis.”
The statement added: "People have a right to expect better from Dublin City Council, and the planning process."
From the council’s point of view it might appear to be a rather short hill to be willing to die on, given its intention is to allow 12 storeys – pending the board’s approval – and Mr Ronan wants 13, but according to Mr O’Hara, a principle of democracy was at stake.
“The city council was very reluctant to take judicial review proceedings but the SDZ is a democratically made plan and it was essential to ensure the integrity of the plan making process was maintained.”


theirishtimes--2020-02-20--Harris signs order to designate coronavirus as a notifiable disease

The coronavirus , Covid-19 , has been officially designated a notifiable disease in Ireland .
On foot of an order signed on Thursday by the Minister for Health Simon Harris doctors will be obliged to routinely notify the HSE when a case of Covid-19 is diagnosed .
The Department of Health is also understood to be looking at bringing the condition under legislation that would allow for a person with the virus to be detained and isolated .
The HSE said on Thursday that there was no confirmed case of Covid 19 in Ireland at present .
Some 78 people @ @ @ @ @ @ @ to last Monday .
Speaking after signing the order making Covid 19 a notifiable disease , Mr Harris said : “ Ireland is well positioned to detect and respond to a case of the Covid-19 ( coronavirus ) that might arise here .
This measure , to include Covid-19 on the list of notifiable diseases , is common practice when dealing with a newly emerging infectious disease .
This was also done for the SARS epidemic in 2002.
” The Department of Health chief medical officer Dr Tony Holohan said : “ Ireland @ @ @ @ @ @ @ remains unchanged .
We are in a containment phase .
Anyone returning from China in the last 14 days , and experiencing symptoms associated with Covid-19 ( coronavirus ) , is instructed to self- isolate and contact the health service via phone or email.
” At a HSE briefing on Thursday Dr Sarah Doyle said Covid-19 was a new virus and that the situation was evolving with a lot still unknown .
However she said : “ You are extremely unlikely to catch novel coronavirus 19 from someone in Ireland at present ” @ @ @ @ @ @ @ in Ireland in the future , health professionals will contact anyone who has been in close contact with the infected person to give information and advice.
” She said that Ireland and Europe were currently in the containment phase of control in relation to the current coronavirus outbreak .
“ A strategy of containment is likely to continue following the importation of the first cases of coronavirus 19 into Ireland , if they occur .
This would be appropriate if the number of introductions remains limited and there is no sustained community transmission @ @ @ @ @ @ @ sporadic contained clusters .
Dr Doyle said the issue of isolating or detaining of people with particular infectious conditions was covered by the 1947 Health Act .
She said these provisions applied to a narrow number of infections such as TB .
She said she understood the new virus would be added to that list but that the provisions of the legislation would only be used as a last resort .

The HSE said on Thursday that there was no confirmed case of Covid 19 in Ireland at present. It said 78 people had been tested for the virus up until last Monday. Photograph: iStock
The coronavirus, Covid-19, has been officially designated a notifiable disease in Ireland.
On foot of an order signed on Thursday by the Minister for Health Simon Harris doctors will be obliged to routinely notify the HSE when a case of Covid-19 is diagnosed.
The Department of Health is also understood to be looking at bringing the condition under legislation that would allow for a person with the virus to be detained and isolated.
The HSE said on Thursday that there was no confirmed case of Covid 19 in Ireland at present. Some 78 people had been tested for the virus up to last Monday.
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Speaking after signing the order making Covid 19 a notifiable disease, Mr Harris said: “Ireland is well positioned to detect and respond to a case of the Covid-19 (coronavirus) that might arise here. This measure, to include Covid-19 on the list of notifiable diseases, is common practice when dealing with a newly emerging infectious disease. This was also done for the SARS epidemic in 2002.”
The Department of Health chief medical officer Dr Tony Holohan said: "Ireland's public health response to Covid-19 remains unchanged. We are in a containment phase. Anyone returning from China in the last 14 days, and experiencing symptoms associated with Covid-19 (coronavirus), is instructed to self- isolate and contact the health service via phone or email."
Evolving situation
At a HSE briefing on Thursday Dr Sarah Doyle said Covid-19 was a new virus and that the situation was evolving with a lot still unknown.
However she said: “You are extremely unlikely to catch novel coronavirus 19 from someone in Ireland at present”.
“If there is a case in Ireland in the future, health professionals will contact anyone who has been in close contact with the infected person to give information and advice.”
She said that Ireland and Europe were currently in the containment phase of control in relation to the current coronavirus outbreak.
“A strategy of containment is likely to continue following the importation of the first cases of coronavirus 19 into Ireland, if they occur. This would be appropriate if the number of introductions remains limited and there is no sustained community transmission of the virus or transmission only within sporadic contained clusters.
Dr Doyle said the issue of isolating or detaining of people with particular infectious conditions was covered by the 1947 Health Act. She said these provisions applied to a narrow number of infections such as TB. She said she understood the new virus would be added to that list but that the provisions of the legislation would only be used as a last resort.


theirishtimes--2020-02-20--Patricia O’Connor murder trial: Jury asked to park ‘shocking’ nature of case outside door

A judge has told the jury in the trial of a man accused of murdering his partner ’ s mother , whose dismembered remains were found scattered across the Dublin and Wicklow mountains , that they can consider the issue of self-defence .
Mr Justice Paul McDermott will continue charging the jury on Friday in the Central Criminal Court trial of Kieran Greene ( 35 ) , who has pleaded not guilty to murdering Patricia O ’ Connor ( 61 ) at her home in Mountainview Park , Rathfarnham , Dublin 14 on May 29 , 2017 .
The deceased @ @ @ @ @ @ @ ( 41 ) and granddaughter Stephanie O ’ Connor ( 22 ) , both of Millmount Court , Dundrum Road , Dublin 14 , and Louise O ’ Connor ’ s ex-partner Keith Johnston ( 43 ) , of Avonbeg Gardens , Tallaght , Dublin 24 are all charged with impeding the apprehension or prosecution of Kieran Greene , knowing or believing him to have committed an arrestable offence on May 29 , 2017 .
The six-week trial has heard that the body of Mrs O ’ Connor was dismembered into 15 separate @ @ @ @ @ @ @ locations over a 30km range in the Dublin and Wicklow mountains between June 10 and 14 , 2017 .
Former Depute State Pathologist , Dr Michael Curtis , has given evidence that Mrs O ’ Connor ’ s head was struck a minimum of three blows with a solid implement and the cause of death was blunt force trauma to the head .
In an interview with gardaí in June 2017 , Mr Greene said he was in the bathroom when Mrs O ’ Connor walked in and hit him with a hurl @ @ @ @ @ @ @ out , Get out ’ .
Mr Greene said he grabbed the hurl from her , hit her and did not know want happened next as when he woke up there was blood everywhere and he panicked .
The trial has heard that six months after he was charged with her murder , Mr Greene changed his account of killing and dismembering his partner ’ s mother .
He told gardaí in December 2017 that he had taken “ the rap ” and felt he was being set-up , as his girlfriend Louise @ @ @ @ @ @ @ out with her ex-boyfriend Mr Johnston .
Mr Greene also told detectives in his December interview that Mrs O ’ Connor attacked him with a hurley .
However , he said Mrs O ’ Connor ’ s husband , Augustine ‘ Gus ’ O ’ Connor , came into the bathroom after he fell to the ground and gave out to his wife saying : “ What the f**k are you doing ?
” Mr Greene told detectives that Mr O ’ Connor had killed his wife using a crowbar and he [ @ @ @ @ @ @ @ .
Continuing his charge to the jury on Thursday , Mr Justice McDermott said they had heard that Augustine ‘ Gus ’ O ’ Connor had entered a guilty plea in relation to impeding the apprehension or prosecution of an offender in October 2018 .
Whilst this was “ the same type of offence ” which Louise O ’ Connor , her daughter Stephanie O ’ Connor and Keith Johnston are charged with , he warned the jury that this was “ totally irrelevant ” to them .
It was not evidence in @ @ @ @ @ @ @ regarded as such , he said .
The trial has heard that Augustine ‘ Gus ’ O ’ Connor was originally part of the trial but shortly before it began , he pleaded guilty to reporting his wife Mrs O ’ Connor as a missing person to gardaí at Rathfarnham Garda Station , Dublin 14 on June 1 , 2017 , when he knew that she was already dead .
Furthermore , the judge said the nature of this case could be described as “ shocking ” because of the manner in which @ @ @ @ @ @ @ was desecrated and asked the jury to “ park this ” and “ leave it outside the door ” .
He told the jury not to allow emotion get in the way during their deliberations and to carry out a “ clinical analysis ” of the case by relying solely on the facts .
Mr Justice McDermott said it was up to the jury to decide what weight they gave the interviews of the four accused in the case .
“ It is your determination what you accept and reject in those interviews @ @ @ @ @ @ @ fact that what one accused said about another co-accused was not evidence against that other person .
“ If an accused makes an admission to guilt that can not be used as to the guilt of his co-accused , ” he warned .
He said each offence was separate and in effect there were four separate trials .
“ Compartmentalise what is said , ” he advised .
The judge said the prosecution had relied on lies told by each accused in interviews to gardaí .
He said people lie for many reasons @ @ @ @ @ @ @ behaviour , a desire to conceal disgraceful behaviour from one ’ s partner and out of panic or confusion .
The prosecution had to establish that there was no “ innocent explanation for the lie ” , he said .
Mr Justice McDermott said the prosecution must have established beyond a reasonable doubt what is alleged against each of the four accused .
“ If you come to the conclusion that statements tending to indicate innocence may reasonable be true , you will acquit , ” he indicated .
The offence of murder @ @ @ @ @ @ @ and the prosecution must establish that a human being was killed by another , he said .
The judge pointed out that it was an issue in the case whether Mr Greene had killed Mrs O ’ Connor as he made a statement to gardaí in December saying he did not kill her .
If the jury was not satisfied that Mr Greene had killed Mrs O ’ Connor then that was the end of the case and they must return a not guilty verdict , he outlined .
The judge highlighted that @ @ @ @ @ @ @ heavily on the second statement he made to gardaí in December , which the judge said was suggestive of the fact that Mr Greene did not kill Mrs O ’ Connor and her husband Mr O ’ Connor was the person who struck the fatal blow .
If the jury chose not to rely upon the December interview and they were satisfied that Mr Greene had killed Mrs O ’ Connor , they would have to consider if Mr Greene intended to kill or cause serious injury or if there was a defence @ @ @ @ @ @ @ evidence .
Mr Justice McDermott stressed to the jury that Mr Greene ’ s defence was that he did not do it and he [ the judge ] was not seeking to undermine his defence with self-defence .
However , the issue of self-defence fell to be considered as a result of Mr Greene ’ s acceptance of hitting Mrs O ’ Connor repeatedly in his June interview , said the judge , and therefore he was putting it to the jury as part of his obligation in relation to the fairness of @ @ @ @ @ @ @ they would need to consider the circumstances of his June interview , where Mr Greene said Mrs O ’ Connor attacked him with a hurley and his response to that .
If Mr Greene used more force than he knew to be reasonably necessary , he was guilty of murder and manslaughter was not available to him .
However , if he used the necessary force required in the circumstances , he was guilty of manslaughter .
The judge said the issue of self-defence depended very much on the jury ’ s assessment @ @ @ @ @ @ @ made .
The judge said there were three verdicts the jury could return in relation to the murder charge against Mr Greene , namely ; guilty of murder , not guilty of murder but guilty of manslaughter or not guilty .
“ If Mr O ’ Connor did not do it , did Mr Greene have the requisite intent to do it or was he acting in self-defence , which reduced the count of murder to manslaughter , ” he summarised .
The judge said the other offence of impeding an investigation , @ @ @ @ @ @ @ O ’ Connor and Keith Johnston were charged with , was a separate offence and entirely distinct from the murder charge .
He said there were three verdicts the jury could return in relation to this charge of impeding the apprehension or prosecution of Mr Greene , knowing or believing him to have committed an arrestable offence .
These were : not guilty , guilty of knowing that Mr Greene had committed murder or in the alternative , guilty of knowing that Mr Greene had committed manslaughter .
Mother-of-five Louise O ’ Connor @ @ @ @ @ @ @ or acquiescing in her daughter Stephanie O ’ Connor disguising herself as Patricia O ’ Connor at Mountainview Park , Rathfarnham , Dublin 14 on May 29 , 2017 in order to conceal the fact that Patricia O ’ Connor was dead .
Stephanie O ’ Connor has pleaded not guilty to disguising herself as Mrs O ’ Connor at Mountainview Park , Rathfarnham , Dublin 14 at a point in time after her murder on May 29 , 2017 in order to conceal the fact that she was already dead .
Mr @ @ @ @ @ @ @ Mr Greene in the purchase of various implements at Woodie ’ s , Mr Price , B & Q and Shoe Zone , Tallaght , Dublin 24 on June 9 , 2017 , which were to be used in the concealment of the remains of Mrs O ’ Connor .
Mr Justice McDermott will continue his charge to the jury on Friday morning at 10.30am

Patricia O’Connor’s head was struck a minimum of three blows with a solid implement and the cause of death was blunt force trauma to the head, the court heard.
A judge has told the jury in the trial of a man accused of murdering his partner's mother, whose dismembered remains were found scattered across the Dublin and Wicklow mountains, that they can consider the issue of self-defence.
Mr Justice Paul McDermott will continue charging the jury on Friday in the Central Criminal Court trial of Kieran Greene (35), who has pleaded not guilty to murdering Patricia O'Connor (61) at her home in Mountainview Park, Rathfarnham, Dublin 14 on May 29, 2017.
The deceased's daughter Louise O'Connor (41) and granddaughter Stephanie O'Connor (22), both of Millmount Court, Dundrum Road, Dublin 14, and Louise O'Connor's ex-partner Keith Johnston (43), of Avonbeg Gardens, Tallaght, Dublin 24 are all charged with impeding the apprehension or prosecution of Kieran Greene, knowing or believing him to have committed an arrestable offence on May 29, 2017.
The six-week trial has heard that the body of Mrs O’Connor was dismembered into 15 separate parts that were found at nine different locations over a 30km range in the Dublin and Wicklow mountains between June 10 and 14, 2017.
READ MORE
Former Depute State Pathologist, Dr Michael Curtis, has given evidence that Mrs O’Connor’s head was struck a minimum of three blows with a solid implement and the cause of death was blunt force trauma to the head.
In an interview with gardaí in June 2017, Mr Greene said he was in the bathroom when Mrs O’Connor walked in and hit him with a hurl on the wrist, saying ‘Get out, Get out’. Mr Greene said he grabbed the hurl from her, hit her and did not know want happened next as when he woke up there was blood everywhere and he panicked.
The trial has heard that six months after he was charged with her murder, Mr Greene changed his account of killing and dismembering his partner’s mother. He told gardaí in December 2017 that he had taken “the rap” and felt he was being set-up, as his girlfriend Louise O’Connor subsequently started going back out with her ex-boyfriend Mr Johnston.
Mr Greene also told detectives in his December interview that Mrs O’Connor attacked him with a hurley. However, he said Mrs O’Connor’s husband, Augustine ‘Gus’ O’Connor, came into the bathroom after he fell to the ground and gave out to his wife saying: “What the f**k are you doing?” Mr Greene told detectives that Mr O’Connor had killed his wife using a crowbar and he [Mr Greene] had taken the blame.
‘Shocking’
Continuing his charge to the jury on Thursday, Mr Justice McDermott said they had heard that Augustine ‘Gus’ O’Connor had entered a guilty plea in relation to impeding the apprehension or prosecution of an offender in October 2018.
Whilst this was “the same type of offence” which Louise O’Connor, her daughter Stephanie O’Connor and Keith Johnston are charged with, he warned the jury that this was “totally irrelevant” to them. It was not evidence in the case and it cannot be regarded as such, he said.
The trial has heard that Augustine ‘Gus’ O’Connor was originally part of the trial but shortly before it began, he pleaded guilty to reporting his wife Mrs O’Connor as a missing person to gardaí at Rathfarnham Garda Station, Dublin 14 on June 1, 2017, when he knew that she was already dead.
Furthermore, the judge said the nature of this case could be described as “shocking” because of the manner in which Mrs O’Connor’s body was desecrated and asked the jury to “park this” and “leave it outside the door”. He told the jury not to allow emotion get in the way during their deliberations and to carry out a “clinical analysis” of the case by relying solely on the facts.
Mr Justice McDermott said it was up to the jury to decide what weight they gave the interviews of the four accused in the case. “It is your determination what you accept and reject in those interviews,” he remarked, repeating the fact that what one accused said about another co-accused was not evidence against that other person. “If an accused makes an admission to guilt that cannot be used as to the guilt of his co-accused,” he warned.
‘Compartmentalise’
He said each offence was separate and in effect there were four separate trials. “Compartmentalise what is said,” he advised.
The judge said the prosecution had relied on lies told by each accused in interviews to gardaí. He said people lie for many reasons, including shame about one’s behaviour, a desire to conceal disgraceful behaviour from one’s partner and out of panic or confusion. The prosecution had to establish that there was no “innocent explanation for the lie”, he said.
Mr Justice McDermott said the prosecution must have established beyond a reasonable doubt what is alleged against each of the four accused. “If you come to the conclusion that statements tending to indicate innocence may reasonable be true, you will acquit,” he indicated.
The offence of murder is a “most serious charge” and the prosecution must establish that a human being was killed by another, he said. The judge pointed out that it was an issue in the case whether Mr Greene had killed Mrs O’Connor as he made a statement to gardaí in December saying he did not kill her. If the jury was not satisfied that Mr Greene had killed Mrs O’Connor then that was the end of the case and they must return a not guilty verdict, he outlined.
The judge highlighted that Mr Greene’s defence had relied heavily on the second statement he made to gardaí in December, which the judge said was suggestive of the fact that Mr Greene did not kill Mrs O’Connor and her husband Mr O’Connor was the person who struck the fatal blow. If the jury chose not to rely upon the December interview and they were satisfied that Mr Greene had killed Mrs O’Connor, they would have to consider if Mr Greene intended to kill or cause serious injury or if there was a defence of self-defence open to him in the evidence.
Verdicts
Mr Justice McDermott stressed to the jury that Mr Greene’s defence was that he did not do it and he [the judge] was not seeking to undermine his defence with self-defence. However, the issue of self-defence fell to be considered as a result of Mr Greene’s acceptance of hitting Mrs O’Connor repeatedly in his June interview, said the judge, and therefore he was putting it to the jury as part of his obligation in relation to the fairness of the trial.
He told the jury they would need to consider the circumstances of his June interview, where Mr Greene said Mrs O’Connor attacked him with a hurley and his response to that. If Mr Greene used more force than he knew to be reasonably necessary, he was guilty of murder and manslaughter was not available to him. However, if he used the necessary force required in the circumstances, he was guilty of manslaughter. The judge said the issue of self-defence depended very much on the jury’s assessment of the statements which Mr Greene had made.
The judge said there were three verdicts the jury could return in relation to the murder charge against Mr Greene, namely; guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.
“If Mr O’Connor did not do it, did Mr Greene have the requisite intent to do it or was he acting in self-defence, which reduced the count of murder to manslaughter,” he summarised.
The judge said the other offence of impeding an investigation, which Louise O’Connor, Stephanie O’Connor and Keith Johnston were charged with, was a separate offence and entirely distinct from the murder charge.
He said there were three verdicts the jury could return in relation to this charge of impeding the apprehension or prosecution of Mr Greene, knowing or believing him to have committed an arrestable offence. These were: not guilty, guilty of knowing that Mr Greene had committed murder or in the alternative, guilty of knowing that Mr Greene had committed manslaughter.
Mother-of-five Louise O’Connor has pleaded not guilty to agreeing to or acquiescing in her daughter Stephanie O’Connor disguising herself as Patricia O’Connor at Mountainview Park, Rathfarnham, Dublin 14 on May 29, 2017 in order to conceal the fact that Patricia O’Connor was dead.
Stephanie O’Connor has pleaded not guilty to disguising herself as Mrs O’Connor at Mountainview Park, Rathfarnham, Dublin 14 at a point in time after her murder on May 29, 2017 in order to conceal the fact that she was already dead.
Mr Johnston has pleaded not guilty to assisting Mr Greene in the purchase of various implements at Woodie’s, Mr Price, B&Q and Shoe Zone, Tallaght, Dublin 24 on June 9, 2017, which were to be used in the concealment of the remains of Mrs O’Connor.
Mr Justice McDermott will continue his charge to the jury on Friday morning at 10.30am