theirishtimes--2020-02-24--Next-door neighbours agree to mediation in row over laneway access

Next-door neighbours who have levelled accusations of intimidation and harassment at one another , after having fallen out over access to the backs of their terraced houses , have agreed to allow a mediator try to settle their disputes .
The Circuit Civil Court heard on Monday that architects Rob Curley and Alfonso Bonilla , who live at 51 Drumcondra Road Lower , Dublin , sought to restrain their neighbours Michael Caulfield ( living at number 49 ) and his brother Anthony Caulfield ( at number 47 ) from blocking access to a laneway in July last year .
Conor @ @ @ @ @ @ @ and Mr Bonilla , told Judge Gerard Griffin that related injunctive proceedings had been adjourned on the basis of undertakings given by all parties until the hearing of Monday ’ s trial over access , alleged harassment and claims of assault .
He said the Caulfield brothers had made similar allegations against his architect clients in a defence and counterclaim in which they were looking for the same remedies and restraints against both Mr Curley and Mr Bonilla .
Both sets of parties were alleging they had been videoed by the other on @ @ @ @ @ @ @ who appeared with barrister MP Guinness and Cormac O ’ Ceallaigh Solicitors for the architects , told the court that difficulties had arisen after Mr Curley and Mr Bonilla had purchased their home at number 51 and sought access via a narrow laneway which ran along the back of all three houses .
They had claimed access to the laneway had been blocked by parked cars , while in a counterclaim it was alleged a car belonging to one of the Caulfields had been scratched and damaged by a wheelbarrow being pushed past @ @ @ @ @ @ @ appeared with barrister Fiachra Breathnach and Lawlor Partners for the Caulfields , said the issues between the neighbours were crying out for mediation and he hoped that matters of complaints of assault could be dealt with by adult caution by gardaí and the matter then proceed to mediation .
Mr Justice Griffin said if complaints of assault were to proceed to the criminal courts they could have serious repercussions for anyone involved who might in the future wish to travel to the US or Canada .
He would not allow matters of outstanding @ @ @ @ @ @ @ .
It would be only on the basis of acceptance of adult cautions or a complete withdrawal of claims of assault that he would allow the case to go to mediation .
“ I take it from having read the pleadings that the alleged assaults consist of no more than pushing and shoving , ” Mr Justice Griffin said .
The judge said that on the motion of the court itself he would refer the matter to mediation on the basis that all undertakings already given to the court by the parties would @ @ @ @ @ @

Next-door neighbours who have levelled accusations of intimidation and harassment at one another, after having fallen out over access to the backs of their terraced houses, have agreed to allow a mediator try to settle their disputes.
The Circuit Civil Court heard on Monday that architects Rob Curley and Alfonso Bonilla, who live at 51 Drumcondra Road Lower, Dublin, sought to restrain their neighbours Michael Caulfield (living at number 49) and his brother Anthony Caulfield (at number 47) from blocking access to a laneway in July last year.
Conor Bowman SC, counsel for Mr Curley and Mr Bonilla, told Judge Gerard Griffin that related injunctive proceedings had been adjourned on the basis of undertakings given by all parties until the hearing of Monday's trial over access, alleged harassment and claims of assault.
He said the Caulfield brothers had made similar allegations against his architect clients in a defence and counterclaim in which they were looking for the same remedies and restraints against both Mr Curley and Mr Bonilla.
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Both sets of parties were alleging they had been videoed by the other on their own property.
Mr Bowman, who appeared with barrister MP Guinness and Cormac O’Ceallaigh Solicitors for the architects, told the court that difficulties had arisen after Mr Curley and Mr Bonilla had purchased their home at number 51 and sought access via a narrow laneway which ran along the back of all three houses.
They had claimed access to the laneway had been blocked by parked cars, while in a counterclaim it was alleged a car belonging to one of the Caulfields had been scratched and damaged by a wheelbarrow being pushed past it.
Adult caution
John Donnelly SC, who appeared with barrister Fiachra Breathnach and Lawlor Partners for the Caulfields, said the issues between the neighbours were crying out for mediation and he hoped that matters of complaints of assault could be dealt with by adult caution by gardaí and the matter then proceed to mediation.
Mr Justice Griffin said if complaints of assault were to proceed to the criminal courts they could have serious repercussions for anyone involved who might in the future wish to travel to the US or Canada. He would not allow matters of outstanding alleged criminality to go before a mediator. It would be only on the basis of acceptance of adult cautions or a complete withdrawal of claims of assault that he would allow the case to go to mediation.
“I take it from having read the pleadings that the alleged assaults consist of no more than pushing and shoving,” Mr Justice Griffin said.
The judge said that on the motion of the court itself he would refer the matter to mediation on the basis that all undertakings already given to the court by the parties would continue. He reserved costs.


theirishtimes--2020-02-24--Nurse who stole from patients is struck off by High Court

A psychiatric nurse who stole money from four patients has had her registration cancelled by the president of the High Court over findings of professional misconduct .
The court heard that between 2012 and 2014 the woman , who worked as a psychiatric nurse for almost 20 years , took amounts totalling several thousand euro from the bank accounts of four users of a mental health service .
The monies were withdrawn on several occasions in amounts ranging from approximately €100 to €900 without the consent of the service users .
The woman was also found to have retained the @ @ @ @ @ @ @ .
The application to have the woman , who can not be identified for legal reasons , struck off the register was made by Dean Kelly Bl on behalf of the Nursing and Midwifery Board of Ireland ( NMB ) on Monday .
The application , which was heard by High Court President Mr Justice Peter Kelly , was not opposed .
Counsel told the court that following an investigation by the NMB ’ s Fitness to Practice Committee the nurse was found guilty of professional misconduct and non-compliance with with the NMB @ @ @ @ @ @ @ respect of the allegations against her .
The NMB determined that while the woman had shown insight , regret , and remorse for her actions , and had repaid the monies , that her registration should be cancelled .
However while her actions were deemed to be serious the NMB determined that her name should not be publicly disclosed .
Confirming the board ’ s decision , Mr Justice Kelly said the nurse ’ s conduct against vulnerable service users with psychiatric difficulties was such that her registration should be cancelled .
“ @ @ @ @ @ @ @ of the nursing profession , the judge said , adding that in this case the trust had been breached .

The High Court heard that between 2012 and 2014 the woman, who worked as a psychiatric nurse for almost 20 years, took amounts totalling several thousand euro from the bank accounts of four users of a mental health service.
A psychiatric nurse who stole money from four patients has had her registration cancelled by the president of the High Court over findings of professional misconduct.
The court heard that between 2012 and 2014 the woman, who worked as a psychiatric nurse for almost 20 years, took amounts totalling several thousand euro from the bank accounts of four users of a mental health service.
The monies were withdrawn on several occasions in amounts ranging from approximately €100 to €900 without the consent of the service users.
The woman was also found to have retained the monies for her own use and benefit.
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The application to have the woman, who cannot be identified for legal reasons, struck off the register was made by Dean Kelly Bl on behalf of the Nursing and Midwifery Board of Ireland (NMBI) on Monday.
The application, which was heard by High Court President Mr Justice Peter Kelly, was not opposed.
Counsel told the court that following an investigation by the NMBI's Fitness to Practice Committee the nurse was found guilty of professional misconduct and non-compliance with with the NMBI's code of professional conduct in respect of the allegations against her.
The NMBI determined that while the woman had shown insight, regret, and remorse for her actions, and had repaid the monies, that her registration should be cancelled.
However, while her actions were deemed to be serious the NMBI determined that her name should not be publicly disclosed.
Confirming the board’s decision, Mr Justice Kelly said the nurse’s conduct against vulnerable service users with psychiatric difficulties was such that her registration should be cancelled.
“Enormous trust” is placed in members of the nursing profession, the judge said, adding that in this case the trust had been breached.


theirishtimes--2020-02-24--Coronavirus: Questions over Ireland’s readiness for what might come

Over the past few days the world appears to have reached a turning point in the two-month battle against novel coronavirus .
The Covid-19 disease is now in active transmission in a number of countries outside China , where it originated .
In many cases it is clear cases are occurring that have no direct connection with China .
Even more worrying , there is evidence of under-reporting in some countries and a failure in some instances to identify the root cause of local outbreaks .
And the virus has shown it can spread rapidly in a contained environment such @ @ @ @ @ @ @ are multiplying for the outbreak to be designated a pandemic , although the World Health Organisation ( WHO ) no longer formally uses this term .
With countries as diverse as Italy , Iran and South Korea now in the throes of their own outbreaks , the definition of a pandemic – an epidemic spreading worldwide – seems to have been fulfilled .
Yet far more important than quibbles over definitions is the approach countries need to take in response to the growing threat posed by the disease .
Up to now the @ @ @ @ @ @ @ by China .
It imposed a lockdown on Hubei province where the outbreak started that shut schools and businesses , banned most travel and forced millions of people to stay indoors for weeks .
In Ireland , containment has involved the early identification of suspect cases and their separation from the rest of the population .
Fortunately , of the scores of tests so far carried out here all have proved negative .
But in a situation where the virus is spreading rapidly in multiple centres , where information is lacking on its @ @ @ @ @ @ @ systems are threatened with overload , it may make more sense to switch to a policy of mitigation .
This means the focus switches from prevention to an attempt to slow down the spread of the disease through the population .
Ireland might seem to be a long way off needing mitigation measures , but consider how quickly the Italian authorities have had to react over the weekend to a massive surge in cases there .
Their actions – effectively placing the residents of a dozen towns in quarantine and cancelling many public @ @ @ @ @ @ @ a game-changer in European terms , with obvious knock-on implications for the rest of the continent .
Expect to hear a lot in the coming days about the need for “ social distancing ” , which may mean the cancellation of mass events and the curtailment of travel plans , especially ones involving Italy .
Not all the news is bad .
The number of cases in Hubei is in decline thanks to the stringent measures taken by the Chinese authorities .
The disease may not be as dangerous as first thought because @ @ @ @ @ @ @ the radar .
Covid-19 hardly affects children , and is not serious for most people under age 60 .
We remain in a race against time .
The longer Ireland can avoid having a case , the more time the health service has to be prepared .
With time scientists will discover more about the virus and about treatment options and , eventually , a vaccine .
Though doubts have been expressed about the ability of the Irish health service to cope with a large number of coronavirus cases , at least it @ @ @ @ @ @ @ might happen .
That can not be said for other sections of society .
Are schools and colleges ready for long closures , even if for precautionary reasons ?
How will businesses cope if key staff are unable to come to work for health reasons ?
Could we not do more to highlight essential hygiene measures such as handwashing and not touching your face ?
Shouldn ’ t hand sanitisers be provided in all public places ?
Public health experts say that when trying to anticipate infectious disease outbreaks , we hope for @ @ @ @ @ @ @ .
So far , we ’ ve been fortunate on the first count , yet it ’ s questionable whether Irish society has truly readied itself for what might be to come .

Over the past few days the world appears to have reached a turning point in the two-month battle against novel coronavirus.
The Covid-19 disease is now in active transmission in a number of countries outside China, where it originated. In many cases it is clear cases are occurring that have no direct connection with China.
Even more worrying, there is evidence of under-reporting in some countries and a failure in some instances to identify the root cause of local outbreaks.
And the virus has shown it can spread rapidly in a contained environment such as cruise ships and prisons.
READ MORE
Calls are multiplying for the outbreak to be designated a pandemic, although the World Health Organisation (WHO) no longer formally uses this term. With countries as diverse as Italy, Iran and South Korea now in the throes of their own outbreaks, the definition of a pandemic – an epidemic spreading worldwide – seems to have been fulfilled.
Yet far more important than quibbles over definitions is the approach countries need to take in response to the growing threat posed by the disease.
Up to now the approach has been one of containment led by China. It imposed a lockdown on Hubei province where the outbreak started that shut schools and businesses, banned most travel and forced millions of people to stay indoors for weeks.
In Ireland, containment has involved the early identification of suspect cases and their separation from the rest of the population. Fortunately, of the scores of tests so far carried out here all have proved negative.
See Statista.com
Multiple centres
But in a situation where the virus is spreading rapidly in multiple centres, where information is lacking on its origins and its transmissibility, and where systems are threatened with overload, it may make more sense to switch to a policy of mitigation.
This means the focus switches from prevention to an attempt to slow down the spread of the disease through the population.
Ireland might seem to be a long way off needing mitigation measures, but consider how quickly the Italian authorities have had to react over the weekend to a massive surge in cases there. Their actions – effectively placing the residents of a dozen towns in quarantine and cancelling many public gatherings in the wider region – are a game-changer in European terms, with obvious knock-on implications for the rest of the continent.
Expect to hear a lot in the coming days about the need for “social distancing”, which may mean the cancellation of mass events and the curtailment of travel plans, especially ones involving Italy.
Not all the news is bad. The number of cases in Hubei is in decline thanks to the stringent measures taken by the Chinese authorities. The disease may not be as dangerous as first thought because less serious cases may be passing under the radar. Covid-19 hardly affects children, and is not serious for most people under age 60.
Italian carabinieri officers stand guard outside a town closed by the government due to coronavirus. Photograph: Guglielmo Mangiapane/Reuters
Health service
We remain in a race against time. The longer Ireland can avoid having a case, the more time the health service has to be prepared. With time scientists will discover more about the virus and about treatment options and, eventually, a vaccine.
Though doubts have been expressed about the ability of the Irish health service to cope with a large number of coronavirus cases, at least it seems to have prepared itself for what might happen. That cannot be said for other sections of society.
Are schools and colleges ready for long closures, even if for precautionary reasons?
How will businesses cope if key staff are unable to come to work for health reasons?
Could we not do more to highlight essential hygiene measures such as handwashing and not touching your face? Shouldn’t hand sanitisers be provided in all public places?
Public health experts say that when trying to anticipate infectious disease outbreaks, we hope for the best but prepare for the worst. So far,we’ve been fortunate on the first count, yet it’s questionable whether Irish society has truly readied itself for what might be to come.


theirishtimes--2020-02-24--Brazilian family ‘so happy’ after father facing deportation is released

The partner of a Brazilian man due to be deported from the country on Tuesday has described a revocation of his deportation as the “ best day ” of her life .
Lucivaldo Araujo da Silva ( 35 ) , the father of an undocumented family of five living in Athenry , Co Galway , had been arrested in early February and held in Cloverhill Prison ahead of his planned deportation .
Speaking after his release on Monday , his partner , Danielle Martins Ribeiro , said the family were “ so happy ” with the news .
“ It @ @ @ @ @ @ @ , ” she said .
In a statement , a spokesman said Minister for Justice Charlie Flanagan “ became aware of this case in recent days and followed up promptly with his officials ” .
“ There is no imminent threat of deportation in this case .
The Minister will have further opportunity to review the case and any new information the applicant wishes to submit , ” the spokesman said .
The family ’ s three children , Stephany Bianka Martins Ribeiro ( 12 ) , Bryan Martins Araujo ( 9 ) @ @ @ @ @ @ @ , were all born in Ireland .
Speaking to The Irish Times on her 12th birthday on Sunday , Stephany appealed for Mr Flanagan to intervene to halt her father ’ s deportation .
Both Stephany and her mother had also been told they were subject to deportation orders .
“ I ’ m from Athenry , they told me I have a deportation order , I ’ m very confused .
.
.
I have never stepped my foot out of here , I ’ ve spent my whole life here .
@ @ @ @ @ @ @ I ’ m a Galway girl from the fields of Athenry .
I don ’ t want to go to Brazil , ” Stephany said .
In 2004 a referendum to remove the automatic right to citizenship of children born in the country to non-Irish parents was passed by a large majority .
Mr Araujo da Silva said the weeks since his arrest had been “ very painful.
” He was 22-years-old when he came to Ireland and has lived here for 13 years .
He met Danielle a year after he came @ @ @ @ @ @ @ , and the pair have raised their family in the town .
The family ’ s three children “ only know Ireland ” as their home , and “ everything I do I do for them , their life here , their education , ” he told The Irish Times .
“ I feel here is my home , I like Ireland , I like the cold weather , ” he said .
Ms Martins Ribeiro said she hoped the deportation orders hanging over the family would be fully revoked by Mr Flanagan @ @ @ @ @ @ @ for my family , ” she said .
When she phoned Stephany with the news about her father on Monday “ she was so happy she screamed , ” Ms Martins Ribeiro said .
Fianna Fáil TD for Galway East Anne Rabbitte had made representations on behalf of the family , and barrister Lorraine Lally had provided legal assistance on the case .
On Monday morning Mr Araujo da Silva had been told in Cloverhill Prison to change into his own clothes , which sparked fears he was about to be deported from @ @ @ @ @ @ @ Lally said .
However , he was then released from prison and instructed to sign on at an immigration office once a month .

The partner of a Brazilian man due to be deported from the country on Tuesday has described a revocation of his deportation as the “best day” of her life.
Lucivaldo Araujo da Silva (35), the father of an undocumented family of five living in Athenry, Co Galway, had been arrested in early February and held in Cloverhill Prison ahead of his planned deportation.
Speaking after his release on Monday, his partner, Danielle Martins Ribeiro, said the family were "so happy" with the news. "It is the best day of my life," she said.
In a statement, a spokesman said Minister for Justice Charlie Flanagan "became aware of this case in recent days and followed up promptly with his officials".
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“There is no imminent threat of deportation in this case. The Minister will have further opportunity to review the case and any new information the applicant wishes to submit,” the spokesman said.
The family's three children, Stephany Bianka Martins Ribeiro (12), Bryan Martins Araujo (9) and Nicole Martins Ribeiro (2), were all born in Ireland.
Speaking to The Irish Times on her 12th birthday on Sunday, Stephany appealed for Mr Flanagan to intervene to halt her father’s deportation.
Both Stephany and her mother had also been told they were subject to deportation orders.
"I'm from Athenry, they told me I have a deportation order, I'm very confused . . . I have never stepped my foot out of here, I've spent my whole life here. I was born in Galway hospital. I'm a Galway girl from the fields of Athenry. I don't want to go to Brazil, " Stephany said.
In 2004 a referendum to remove the automatic right to citizenship of children born in the country to non-Irish parents was passed by a large majority.
Mr Araujo da Silva said the weeks since his arrest had been “very painful.” He was 22-years-old when he came to Ireland and has lived here for 13 years. He met Danielle a year after he came to Ireland in a pub in Athenry, and the pair have raised their family in the town.
The family’s three children “only know Ireland” as their home, and “everything I do I do for them, their life here, their education,” he told The Irish Times. “I feel here is my home, I like Ireland, I like the cold weather,” he said.
Ms Martins Ribeiro said she hoped the deportation orders hanging over the family would be fully revoked by Mr Flanagan. “I hope for his compassion for my family,” she said.
When she phoned Stephany with the news about her father on Monday “she was so happy she screamed,” Ms Martins Ribeiro said.
Fianna Fáil TD for Galway East Anne Rabbitte had made representations on behalf of the family, and barrister Lorraine Lally had provided legal assistance on the case.
On Monday morning Mr Araujo da Silva had been told in Cloverhill Prison to change into his own clothes, which sparked fears he was about to be deported from the country a day early, Ms Lally said. However, he was then released from prison and instructed to sign on at an immigration office once a month.


theirishtimes--2020-02-24--Decision on venue for Soldier F’s trial over Bloody Sunday deaths put back

A decision on whether to move the trial of Soldier F from Derry to Belfast has been adjourned for a month to allow the former soldier ’ s defence team to respond to concerns raised in a letter from a relative of one of the victims .
The former member of the British Army ’ s Parachute Regiment faces two charges of murder and five of attempted murder in Derry on Bloody Sunday .
He is accused of the murders of James Wray and William McKinney , as well as the attempted murders of four of the injured - Joseph @ @ @ @ @ @ @ and Patrick O ’ Donnell .
The fifth charge relates to the attempted murder of persons unknown .
Thirteen civilians died when members of the elite regiment opened fire on an anti-internment march on January 30th , 1972 .
A 14th person died later .
Mickey McKinney , the brother of William McKinney , said he could not see “ any reason why this shouldn ’ t happen in Derry , and all the families feel the same .
“ This is where the crime was committed , not half a mile from @ @ @ @ @ @ @ We ’ re the victims , the people standing here are the victims , and this is where the case should be heard , not Belfast because of one man.
” Soldier F , he said , “ should be brought to this courthouse and tried ” .
At an earlier hearing in Bishop Street courthouse in Derry in January , district judge Mr Barney McElholm said that because of security concerns and issues around the suitability of the city ’ s courthouse he was “ afraid Belfast looks like the venue ” @ @ @ @ @ @ @ this month that he had received a letter from James Wray ’ s brother , Liam , who appealed on behalf of the families of those killed on Bloody Sunday for the trial to be held in Derry .
He said that the relatives and the majority of witnesses were from Derry , and were now of an age where it would be difficult for them to travel to Belfast every day for any trial .
He also said that it was important that justice be seen to be done in the city @ @ @ @ @ @ @ had been expected to rule on the venue on Monday and a number of relatives of those killed on Bloody Sunday were in court for the brief hearing .
Defence QC Mark Mulholland asked for a further adjournment , saying that Soldier F ’ s defence team had now had an opportunity to consider the content of this correspondence and intended to make submissions in regard to venue .
However , he said they needed a little time to address this fully .
Judge McElholm adjourned the case until March 26th , when @ @ @ @ @ @ @ the exact dates for the Preliminary Inquiry - the next stage of the court process - would be established .
“ A lot of work has been going on in the background in regards to assessing the feasibility of different venues with regards to space and the need to accommodate as many people who wish to obviously participate as possible , ” he said .
“ Those things are not simple , ” he said , adding that the submissions of the families and of the defence would be taken into account .

A decision on whether to move the trial of Soldier F from Derry to Belfast has been adjourned for a month to allow the former soldier’s defence team to respond to concerns raised in a letter from a relative of one of the victims.
The former member of the British Army’s Parachute Regiment faces two charges of murder and five of attempted murder in Derry on Bloody Sunday.
He is accused of the murders of James Wray and William McKinney, as well as the attempted murders of four of the injured - Joseph Friel, Michael Quinn, Joe Mahon and Patrick O'Donnell. The fifth charge relates to the attempted murder of persons unknown.
Thirteen civilians died when members of the elite regiment opened fire on an anti-internment march on January 30th, 1972. A 14th person died later.
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Mickey McKinney, the brother of William McKinney, said he could not see “any reason why this shouldn’t happen in Derry, and all the families feel the same.
“This is where the crime was committed, not half a mile from where we’re standing here. We’re the victims, the people standing here are the victims, and this is where the case should be heard, not Belfast because of one man.”
Soldier F, he said, “should be brought to this courthouse and tried”.
At an earlier hearing in Bishop Street courthouse in Derry in January, district judge Mr Barney McElholm said that because of security concerns and issues around the suitability of the city’s courthouse he was “afraid Belfast looks like the venue”.
Judge McElholm told the court earlier this month that he had received a letter from James Wray’s brother, Liam, who appealed on behalf of the families of those killed on Bloody Sunday for the trial to be held in Derry.
Difficult
He said that the relatives and the majority of witnesses were from Derry, and were now of an age where it would be difficult for them to travel to Belfast every day for any trial. He also said that it was important that justice be seen to be done in the city where the murders happened.
Judge McElholm had been expected to rule on the venue on Monday and a number of relatives of those killed on Bloody Sunday were in court for the brief hearing.
Defence QC Mark Mulholland asked for a further adjournment, saying that Soldier F's defence team had now had an opportunity to consider the content of this correspondence and intended to make submissions in regard to venue. However, he said they needed a little time to address this fully.
Judge McElholm adjourned the case until March 26th, when he said a decision on venue and the exact dates for the Preliminary Inquiry - the next stage of the court process - would be established.
“A lot of work has been going on in the background in regards to assessing the feasibility of different venues with regards to space and the need to accommodate as many people who wish to obviously participate as possible,” he said.
“Those things are not simple,” he said, adding that the submissions of the families and of the defence would be taken into account.


theirishtimes--2020-02-24--KBC may bring proceedings that could see Strokestown siblings jailed

The High Court has granted KBC Bank permission to bring proceedings that could result in three siblings being jailed over their alleged failure to comply with an order to vacate a Co Roscommon farm that was the centre of a controversial eviction .
Ms Justice Leonie Reynolds granted the bank permission on Monday and made directions in a motion seeking the attachment and committal to prison of siblings Michael Anthony , David and Geraldine McGann .
In its proceedings KBC , represented by Rossa Fanning SC , claims that the McCanns have not complied with a court order directing them @ @ @ @ @ @ @ , near Strokestown .
The bank last October secured an injunction giving the family until noon on November 12th to leave and cease trespassing on the property .
Mr Fanning told the court that this was “ a sensitive case ” and the bank had done everything it could to avoid making this application “ in the hope that sense would prevail ” .
However , he said the defendants remain in breach of the order and his side was seeking various directions in regards to the service of the motion for attachment @ @ @ @ @ @ @ Justice Reynolds made various orders in regards to the service of the documents including that any personal service of the McGanns should be carried out with members of An Garda Síochána present .
That motion will return before the court next month .
The property was the subject of a loan agreement between KBC and the farm ’ s registered owner , Michael Anthony McGann .
He fell into arrears on repayments and owed the bank some €431,000 .
KBC obtained a possession order in respect of the property in 2012 , which @ @ @ @ @ @ @ on the loan to KBC was made by the borrower in February 2014 , it was claimed .
In a separate , but related , application the judge also allowed solicitors that had previously represented David and Geraldine McGann during the injunction proceedings to come off record and cease being their legal representatives .
Michael Anthony McGann was not legally represented nor present during the injunction proceedings .
The motion to come off record was brought because the solicitors , Carter Anhold & Co , have been unable to obtain instructions from the @ @ @ @ @ @ @ present in court on Monday , however the court noted correspondence which said they were objecting to the solicitors coming off record .
The judge accepted that the relationship between David and Geraldine McGann and their lawyers had “ broken down , ” and allowed the firm come off record .
However , she directed that they write to their former clients informing them of the court ’ s decision and that the seriousness of the situation be explained to them .
KBC last year secured an injunction requiring the McGanns to vacate @ @ @ @ @ @ @ ruled they had no entitlement to be on the property .
He also held that the bank had obtained and executed a valid possession order over the property , and that the McGanns are trespassers there .
The bank sought the injunction after it obtained an order allowing it to execute the possession order over the property .
The McGanns had opposed the application .
The case centers around events in December 2018 when the McGann family were evicted from the farm on foot of a repossession order KBC obtained in respect of @ @ @ @ @ @ @ eviction gained national media attention after private security operatives were forced from the property by a group of masked men .
Gardaí subsequently launched an investigation after the security personnel were attacked , several of whom required medical treatment , several vehicles were burnt and a dog had to be put down due to injuries it sustained .
The McGanns , who were not involved in those incidents , subsequently returned to the property and have remained there since .

The High Court has granted KBC Bank permission to bring proceedings that could result in three siblings being jailed over their alleged failure to comply with an order to vacate a Co Roscommon farm.
The High Court has granted KBC Bank permission to bring proceedings that could result in three siblings being jailed over their alleged failure to comply with an order to vacate a Co Roscommon farm that was the centre of a controversial eviction.
Ms Justice Leonie Reynolds granted the bank permission on Monday and made directions in a motion seeking the attachment and committal to prison of siblings Michael Anthony, David and Geraldine McGann.
In its proceedings KBC, represented by Rossa Fanning SC, claims that the McCanns have not complied with a court order directing them to vacate their family home at Falsk, near Strokestown.
The bank last October secured an injunction giving the family until noon on November 12th to leave and cease trespassing on the property.
READ MORE
Mr Fanning told the court that this was “a sensitive case” and the bank had done everything it could to avoid making this application “in the hope that sense would prevail”.
However, he said the defendants remain in breach of the order and his side was seeking various directions in regards to the service of the motion for attachment and committal on the McGanns.
Ms Justice Reynolds made various orders in regards to the service of the documents including that any personal service of the McGanns should be carried out with members of An Garda Síochána present. That motion will return before the court next month.
The property was the subject of a loan agreement between KBC and the farm’s registered owner, Michael Anthony McGann. He fell into arrears on repayments and owed the bank some €431,000. KBC obtained a possession order in respect of the property in 2012, which was not appealed.
Repayment
The last repayment on the loan to KBC was made by the borrower in February 2014, it was claimed.
In a separate, but related, application the judge also allowed solicitors that had previously represented David and Geraldine McGann during the injunction proceedings to come off record and cease being their legal representatives.
Michael Anthony McGann was not legally represented nor present during the injunction proceedings.
The motion to come off record was brought because the solicitors, Carter Anhold & Co, have been unable to obtain instructions from the two McGanns.
The McGanns were not present in court on Monday, however the court noted correspondence which said they were objecting to the solicitors coming off record.
The judge accepted that the relationship between David and Geraldine McGann and their lawyers had “broken down,” and allowed the firm come off record. However, she directed that they write to their former clients informing them of the court’s decision and that the seriousness of the situation be explained to them.
No entitlement
KBC last year secured an injunction requiring the McGanns to vacate their home after Mr Justice Senan Allen ruled they had no entitlement to be on the property. He also held that the bank had obtained and executed a valid possession order over the property, and that the McGanns are trespassers there.
The bank sought the injunction after it obtained an order allowing it to execute the possession order over the property. The McGanns had opposed the application.
The case centers around events in December 2018 when the McGann family were evicted from the farm on foot of a repossession order KBC obtained in respect of the property several years ago.
The eviction gained national media attention after private security operatives were forced from the property by a group of masked men.
Gardaí subsequently launched an investigation after the security personnel were attacked, several of whom required medical treatment, several vehicles were burnt and a dog had to be put down due to injuries it sustained.
The McGanns, who were not involved in those incidents, subsequently returned to the property and have remained there since.


theirishtimes--2020-02-24--Consultant who did research on women patients without informing them goes to court to stop his dismi

Consultant who did research on women patients without informing them goes to court to stop his dismissal

A consultant at St Luke ’ s Hospital , Kilkenny , who carried out research on five women patients during routine gynaecological procedures has gone to court in a bid to stop his dismissal .
Obstetrician and gynaecologist Prof Ray O ’ Sullivan was on Monday granted leave by the High Court to mount a legal challenge to the proposal by the HSE to remove him from his position .
Professor O ’ Sullivan who was described in court by his counsel Eoin Clifford SC as outspoken in relation to patient rights and particularly the rights of pregnant women has @ @ @ @ @ @ @ Luke ’ s Hospital , Kilkenny since 2006 .
In his proceedings against the HSE he is seeking an order quashing the decision made by it to propose he be removed from his employment .
Prof O ’ Sullivan was told in a letter at the end of last month of the intention to propose his dismissal .
He is also seeking an order restraining the HSE from taking any further steps in the disciplinary process which started in July 2019 and an order directing the HSE to terminate his suspension and that @ @ @ @ @ @ @ to bring the judicial review , Mr Justice Charles Meenan listed the case for March 24th next as he said it was a very serious matter for the parties involved .
In an affidavit grounding his application , Prof O ’ Sullivan referred to procedures of September 4th and 5th , 2018 in which a small pressure pad measuring 10mm by 10mm was placed inside the entrance of the vaginas of the five patients .
He said it is accepted by him in hindsight that he should have informed the patients that he @ @ @ @ @ @ @ water solution in the vaginas during the routine procedure and that he may or may not have used this information subsequently to make a research application .
He said at no time during the procedures was there any risk to the patients health over and above the standard risks and side effects which had been explained to each patient .
An expert report on the matter concluded in December 2019 that Prof O ’ Sullivan ’ s overall conduct had fallen below , but not seriously below the standard of conduct expected among @ @ @ @ @ @ @ O ’ Sullivan said the HSE has sought to dismiss him “ from the moment it learned of my error of judgement ” and he alleged the process to date “ has been tainted by bias.
” Prof O ’ Sullivan has also claimed that in the course of his work at the Kilkenny hospital he has on a number of occasions taken issue with the manner in which the hospital was being managed and has spoken publicly regarding the lack of beds for women in the hospital .
He said he has @ @ @ @ @ @ @ cutbacks to the maternity unit at St Luke ’ s Hospital .

Obstetrician and gynaecologist Prof Ray O’Sullivan was on Monday granted leave by the High Court to mount a legal challenge to the proposal by the HSE to remove him from his position at St Luke’s Hospital, Kilkenny.
A consultant at St Luke’s Hospital, Kilkenny, who carried out research on five women patients during routine gynaecological procedures has gone to court in a bid to stop his dismissal.
Obstetrician and gynaecologist Prof Ray O'Sullivan was on Monday granted leave by the High Court to mount a legal challenge to the proposal by the HSE to remove him from his position.
Professor O’Sullivan who was described in court by his counsel Eoin Clifford SC as outspoken in relation to patient rights and particularly the rights of pregnant women has been a consultant obstetrician gynaecologist at St Luke’s Hospital, Kilkenny since 2006.
In his proceedings against the HSE he is seeking an order quashing the decision made by it to propose he be removed from his employment. Prof O’Sullivan was told in a letter at the end of last month of the intention to propose his dismissal.
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He is also seeking an order restraining the HSE from taking any further steps in the disciplinary process which started in July 2019 and an order directing the HSE to terminate his suspension and that he be immediately reinstated.
Granting leave to bring the judicial review, Mr Justice Charles Meenan listed the case for March 24th next as he said it was a very serious matter for the parties involved.
In an affidavit grounding his application, Prof O’Sullivan referred to procedures of September 4th and 5th, 2018 in which a small pressure pad measuring 10mm by 10mm was placed inside the entrance of the vaginas of the five patients.
Should have informed patients
He said it is accepted by him in hindsight that he should have informed the patients that he was monitoring the pressure of the sterile water solution in the vaginas during the routine procedure and that he may or may not have used this information subsequently to make a research application.
He said at no time during the procedures was there any risk to the patients health over and above the standard risks and side effects which had been explained to each patient.
An expert report on the matter concluded in December 2019 that Prof O’Sullivan’s overall conduct had fallen below, but not seriously below the standard of conduct expected among doctors.
In his affidavit, Prof O’Sullivan said the HSE has sought to dismiss him “from the moment it learned of my error of judgement” and he alleged the process to date “has been tainted by bias.”
Prof O’Sullivan has also claimed that in the course of his work at the Kilkenny hospital he has on a number of occasions taken issue with the manner in which the hospital was being managed and has spoken publicly regarding the lack of beds for women in the hospital. He said he has been critical of the HSE for making cutbacks to the maternity unit at St Luke’s Hospital.


theirishtimes--2020-02-24--Caterpillars, snails and false nails: all found in food in Ireland last year

A snail in a chicken , a caterpillar in pork chops and a moth in fresh cream were among the complaints investigated by the Food Safety Authority of Ireland ( FSAI ) last year .
Hair was reported several times as being present in a number of foods , as well as false nails , stone , metal and plastic .
Complaints regarding poor hygiene standards in food premises included live mice and evidence of rodent activity throughout food handling and storage areas ; staff failing to wash their hands when cooking and serving food ; pigeons in the deli @ @ @ @ @ @ @ premises .
The FSAI handled 3,460 complaints in 2019 , with over half of those relating to unfit food and poor hygiene standards .
There was a spike of 25 per cent in people complaining about non-display of allergen information , a 19 per cent rise in complaints relating to poor hygiene standards and suspected food poisoning incidents were up by 8 per cent .
FSAI chief executive Dr Pamela Byrne said the volume of complaints from consumers regarding pest infestation has prompted the agency to add a “ frequently asked questions ” @ @ @ @ @ @ @ .
She warned that a failure to deal promptly with pests can cause lasting reputational damage to a food business .
“ Pest control is critical because pests can carry harmful bacteria that can contaminate foods .
This can cause illness or spoil food .
Pests can also cause financial damage to food businesses and affect their reputation .
This new webpage will act as a valuable resource for food businesses concerned about pests , ” she said .
Consumers are becoming “ increasingly attentive as to how food establishements are expected to @ @ @ @ @ @ @ Ireland , ” she added .
“ By reporting their incidents around hygiene , labelling , food safety practices and pest control , members of the public and people working in the food sector provide us with the information we need to do our work effectively .
“ In 2019 , we noticed a significant increase in complaints around incorrect allergen information , which continues to be a concern to us .
“ The importance of food businesses having correct allergen information displayed can not be underestimated , as failures in this area @ @ @ @ @ @ @ of some consumers .
It is also a legal requirement.
” Consumer complaints ranged from reports of food unfit to eat , to non-display of allergen information .
In total there were :

Some of the complaints received by the FSAI last year included reports of live mice and rodents in food handling and storage areas. File photograph: iStock
A snail in a chicken, a caterpillar in pork chops and a moth in fresh cream were among the complaints investigated by the Food Safety Authority of Ireland (FSAI) last year.
Hair was reported several times as being present in a number of foods, as well as false nails, stone, metal and plastic.
Complaints regarding poor hygiene standards in food premises included live mice and evidence of rodent activity throughout food handling and storage areas; staff failing to wash their hands when cooking and serving food; pigeons in the deli area; and flies noted throughout a premises.
The FSAI handled 3,460 complaints in 2019, with over half of those relating to unfit food and poor hygiene standards.
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There was a spike of 25 per cent in people complaining about non-display of allergen information, a 19 per cent rise in complaints relating to poor hygiene standards and suspected food poisoning incidents were up by 8 per cent.
FSAI chief executive Dr Pamela Byrne said the volume of complaints from consumers regarding pest infestation has prompted the agency to add a "frequently asked questions" section for pest control to their website.
She warned that a failure to deal promptly with pests can cause lasting reputational damage to a food business.
“Pest control is critical because pests can carry harmful bacteria that can contaminate foods. This can cause illness or spoil food. Pests can also cause financial damage to food businesses and affect their reputation. This new webpage will act as a valuable resource for food businesses concerned about pests,” she said.
Allergen information
Consumers are becoming "increasingly attentive as to how food establishements are expected to operate in terms of food safety in Ireland, " she added.
“By reporting their incidents around hygiene, labelling, food safety practices and pest control, members of the public and people working in the food sector provide us with the information we need to do our work effectively.
“In 2019, we noticed a significant increase in complaints around incorrect allergen information, which continues to be a concern to us.
“The importance of food businesses having correct allergen information displayed cannot be underestimated, as failures in this area can have serious consequences for the health of some consumers. It is also a legal requirement.”
Consumer complaints ranged from reports of food unfit to eat, to non-display of allergen information. In total there were:


theirishtimes--2020-02-24--Man jailed for using dogs as ‘quasi weapons’ during attempted arrest

A man has been jailed for six months for using his two Alsatian dogs as “ quasi weapons ” when gardaí attempted to arrest him .
Frank McCarthy ( 45 ) , of Ballyhandle , Crossbarry , Co Cork , pleaded guilty to obstructing two members of An Garda Síochána , namely Garda Darren Cahalane and Garda Matthew Galvin , on November 23rd , 2017 .
The father of two appeared before Cork Circuit Criminal Court for sentencing in connection with the offence on Monday .
Sgt Tom Lehane told the court that Garda Cahalane and Garda Galvin stopped McCarthy @ @ @ @ @ @ @ day of the offence in Crossbarry .
It was a routine stop but Sgt Lehane said McCarthy failed to stop and drove off towards his home .
Gardaí pursued him to the house and the court heard McCarthy then proceeded “ to shout and roar ” when they arrived .
“ He then lay down on the ground behind the gardaí patrol car so that the car could not reverse .
He closed the gate across the exit , ” Sgt Lehane said .
The court heard that McCarthy had two Alsatian dogs @ @ @ @ @ @ @ and were used by him to prevent the gardaí from arresting him .
The officer had to phone for back up and six members of the armed support unit were dispatched to the scene .
Officers had to use incapacitant spray and a taser in order to arrest McCarthy , who the court heard continued to cause problems even after his arrest .
Donal O ’ Sullivan , barrister for McCarthy , said his client was impacted cognitively on the day of the offence as a result of a head injury he sustained @ @ @ @ @ @ @ his behaviour was appalling and atrocious and he can not understand why he behaved in that way .
He has expressed remorse , ” Mr O ’ Sullivan said .
Judge O ’ Callaghan said the incident was very serious and that the dogs were used as “ quasi weapons against An Garda Síochána.
” He jailed McCarthy , who has five previous convictions , for six months .

A man has been jailed for six months for using his two Alsatian dogs as ‘quasi weapons’ when gardaí attempted to arrest him. File photograph: iStock
A man has been jailed for six months for using his two Alsatian dogs as “quasi weapons” when gardaí attempted to arrest him.
Frank McCarthy (45), of Ballyhandle, Crossbarry, Co Cork, pleaded guilty to obstructing two members of An Garda Síochána, namely Garda Darren Cahalane and Garda Matthew Galvin, on November 23rd, 2017.
The father of two appeared before Cork Circuit Criminal Court for sentencing in connection with the offence on Monday.
Sgt Tom Lehane told the court that Garda Cahalane and Garda Galvin stopped McCarthy in his car at 7.40pm on the day of the offence in Crossbarry.
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It was a routine stop but Sgt Lehane said McCarthy failed to stop and drove off towards his home.
Gardaí pursued him to the house and the court heard McCarthy then proceeded “to shout and roar” when they arrived.
“He then lay down on the ground behind the gardaí patrol car so that the car could not reverse. He closed the gate across the exit,” Sgt Lehane said.
Aggression
The court heard that McCarthy had two Alsatian dogs that acted with aggression at the scene and were used by him to prevent the gardaí from arresting him.
The officer had to phone for back up and six members of the armed support unit were dispatched to the scene. Officers had to use incapacitant spray and a taser in order to arrest McCarthy, who the court heard continued to cause problems even after his arrest.
Donal O’Sullivan, barrister for McCarthy, said his client was impacted cognitively on the day of the offence as a result of a head injury he sustained a month earlier.
“He acknowledges his behaviour was appalling and atrocious and he cannot understand why he behaved in that way. He has expressed remorse,” Mr O’Sullivan said.
Judge O’Callaghan said the incident was very serious and that the dogs were used as “quasi weapons against An Garda Síochána.”
He jailed McCarthy, who has five previous convictions, for six months.


theirishtimes--2020-02-24--Garda warning after €500,000 of ‘movie money’ found in circulation

Fake money used in films with a nominal value of almost half a million euro has been found in circulation , An Gard Síochána has said .
Businesses dealing with cash were on Monday advised to keep an eye out for the currency , also dubbed “ prop money ” .
“ An Garda Síochána and the Office of the Revenue Commissioners wish to highlight that there has been a significant increase in the detection of novelty euro notes , ” the force said in a statement .
“ These notes are often marked as ‘ movie money ’ or @ @ @ @ @ @ @ strong resemblance to genuine Euro notes , however they do not contain the security features .
“ Revenue Officers have seized notes in varying denominations representing a value of €430,895 in recent mail centre detections.
” Any attempt to use fraudulent currency is an offence under the Criminal Justice ( Theft and Fraud Offences ) Act 2001 and has a potential prison sentence of 10 years , a Garda spokesman siad .
Det Supt Michael Cryan of the Garda National Economic Crime Bureau said people should exercise particular care and attention when handling @ @ @ @ @ @ @ night .
“ These notes are easily identifiable if precautionary checks are made .
Also people who try to tender such notes as real face prosecution , a possible prison sentence and a conviction , which is for life , ” he said .

Fake money used in films with a nominal value of almost half a million euro has been found in circulation, An Gard Síochána has said. Image: Garda Facebook Page.
Fake money used in films with a nominal value of almost half a million euro has been found in circulation, An Gard Síochána has said.
Businesses dealing with cash were on Monday advised to keep an eye out for the currency, also dubbed “prop money”.
"An Garda Síochána and the Office of the Revenue Commissioners wish to highlight that there has been a significant increase in the detection of novelty euro notes," the force said in a statement.
“These notes are often marked as ‘movie money’ or ‘prop money’ and bear a strong resemblance to genuine Euro notes, however they do not contain the security features.
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“Revenue Officers have seized notes in varying denominations representing a value of €430,895 in recent mail centre detections.”
Any attempt to use fraudulent currency is an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 and has a potential prison sentence of 10 years, a Garda spokesman siad.
Det Supt Michael Cryan of the Garda National Economic Crime Bureau said people should exercise particular care and attention when handling money at busy times and late at night.
“These notes are easily identifiable if precautionary checks are made. Also people who try to tender such notes as real face prosecution, a possible prison sentence and a conviction, which is for life,” he said.


theirishtimes--2020-02-24--Creche worker accused of sex assault had ‘excellent’ relations with kids

A childcare worker accused of sexually assaulting four girls in a creche was concerned about children sitting on his knee as he felt it made him “ vulnerable to complaints ” , his trial has heard .
Dublin Circuit Criminal Court heard on Monday that a performance appraisal a issued by the creche in September 2014 found the man had an “ excellent relationship with the children ” .
“ Children of all ages hang on to your every word and in some cases hang on to you physically , ” stated the report .
The creche owner agreed with @ @ @ @ @ @ @ this was a positive comment in relation to the man ’ s relationship with the children .
“ It showed they wanted to be in his company and they enjoyed his company , ” she said .
“ They had a good relationship with him.
” The creche owner , who can not be named for legal reasons , was being cross-examined by defence counsel in the trial of the 29-year-old man .
He has pleaded not guilty to 23 counts of sexually assaulting the girls between February 2015 and December 2016 .
@ @ @ @ @ @ @ years old at the time .
The offences allegedly took place in various locations within the Leinster creche , including in an afterschool room and a bathroom , as well as on a bus owned by the creche , the court heard .
No parties in the case can be named for legal reasons .
The creche owner told the court it seemed “ unlikely ” that the man could have repeatedly sexually assaulted one complainant in a bathroom in the creche without someone noticing .
In relation to one complainant , the @ @ @ @ @ @ @ sexually assaulting her .
Mr Guerin told the court that these assaults allegedly happened in an upstairs toilet in the creche .
The court heard the man allegedly repeatedly took the child out of her designated room , walked her down a corridor that had a CCTV camera , took her into the bathroom and sexually assaulted her in an area outside the cubicles .
The jury was told this bathroom area is also covered by a CCTV camera , except for an area just inside the door .
This door has a @ @ @ @ @ @ @ have been “ easily visible ” to anyone walking by , Mr Guerin said .
He put it to the creche owner that it was “ extremely unlikely ” that this could have occurred without anyone noticing .
She also agreed that she would “ expect someone to notice ” if the man was regularly taking an afterschool child to the toilet .
The trial has heard that the creche policy was that afterschool children went to the toilet by themselves .
The court heard the man raised concerns with management about the @ @ @ @ @ @ @ him ” .
“ He was uncomfortable with children sitting on his knees .
It made him vulnerable to complaints , ” Mr Guerin said .
After the man raised his concerns , a written interactions policy advising workers not to allow children to sit on their knees was subsequently issued in April 2015 , the court heard .
The jury was brought through two of the man ’ s work performance appraisals from his time working in the creche between September 2013 and December 2016 .
The appraisals noted the parents were @ @ @ @ @ @ @ and gave “ excellent feedback ” on his performance .
An October 2014 report found the man made the children feel “ valued ” and had excellent knowledge of child-related information on science fiction , gaming , Lego and comics that no other staff member had .
It found he dealt with situations “ sensibly and calmly ” and that he was “ respectful and friendly to everyone ” .
A performance appraisal dated January 2016 noted it had been a “ constant struggle ” for the man to complete his childcare training @ @ @ @ @ @ @ man was eventually due to be let go at the end of 2016 after he failed to complete the required training course .
In this report , the man said what he liked most about his job was “ building a relationship with younger children in the creche ” .
“ Parents have a huge respect and appreciation for you , ” the report said of the man .
It noted the man “ always treats kids with respect , how you would have wanted to be treated as a child ” .
@ @ @ @ @ @ @ the allegations against him , he was “ very distressed ” and became “ physically upset ” , the court heard .

A creche worker has pleaded not guilty to 23 counts of sexually assaulting four girls between February 2015 and December 2016. File photograph: Matt Kavanagh/The Irish Times.
A childcare worker accused of sexually assaulting four girls in a creche was concerned about children sitting on his knee as he felt it made him “vulnerable to complaints”, his trial has heard.
Dublin Circuit Criminal Court heard on Monday that a performance appraisal a issued by the creche in September 2014 found the man had an “excellent relationship with the children”.
“Children of all ages hang on to your every word and in some cases hang on to you physically,” stated the report.
The creche owner agreed with Seán Guerin SC, defending, that this was a positive comment in relation to the man’s relationship with the children.
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“It showed they wanted to be in his company and they enjoyed his company,” she said. “They had a good relationship with him.”
The creche owner, who cannot be named for legal reasons, was being cross-examined by defence counsel in the trial of the 29-year-old man.
He has pleaded not guilty to 23 counts of sexually assaulting the girls between February 2015 and December 2016. They were aged between five and eight years old at the time.
The offences allegedly took place in various locations within the Leinster creche, including in an afterschool room and a bathroom, as well as on a bus owned by the creche, the court heard. No parties in the case can be named for legal reasons.
‘Unlikely’
The creche owner told the court it seemed “unlikely” that the man could have repeatedly sexually assaulted one complainant in a bathroom in the creche without someone noticing.
In relation to one complainant, the man is charged with eight counts of sexually assaulting her. Mr Guerin told the court that these assaults allegedly happened in an upstairs toilet in the creche.
The court heard the man allegedly repeatedly took the child out of her designated room, walked her down a corridor that had a CCTV camera, took her into the bathroom and sexually assaulted her in an area outside the cubicles.
The jury was told this bathroom area is also covered by a CCTV camera, except for an area just inside the door. This door has a glass panel, meaning the man would have been “easily visible” to anyone walking by, Mr Guerin said.
He put it to the creche owner that it was “extremely unlikely” that this could have occurred without anyone noticing.
“It seems unlikely,” the owner replied.
She also agreed that she would “expect someone to notice” if the man was regularly taking an afterschool child to the toilet. The trial has heard that the creche policy was that afterschool children went to the toilet by themselves.
The court heard the man raised concerns with management about the children “being too physically close to him”.
“He was uncomfortable with children sitting on his knees. It made him vulnerable to complaints,” Mr Guerin said.
Interactions policy
After the man raised his concerns, a written interactions policy advising workers not to allow children to sit on their knees was subsequently issued in April 2015, the court heard.
The jury was brought through two of the man’s work performance appraisals from his time working in the creche between September 2013 and December 2016. The appraisals noted the parents were “very happy” with the man and gave “excellent feedback” on his performance.
An October 2014 report found the man made the children feel “valued” and had excellent knowledge of child-related information on science fiction, gaming, Lego and comics that no other staff member had. It found he dealt with situations “sensibly and calmly” and that he was “respectful and friendly to everyone”.
A performance appraisal dated January 2016 noted it had been a “constant struggle” for the man to complete his childcare training project. The trial has heard the man was eventually due to be let go at the end of 2016 after he failed to complete the required training course.
In this report, the man said what he liked most about his job was “building a relationship with younger children in the creche”.
“Parents have a huge respect and appreciation for you,” the report said of the man. It noted the man “always treats kids with respect, how you would have wanted to be treated as a child”.
When the man was made aware of the allegations against him, he was “very distressed” and became “physically upset”, the court heard.
The trial continues on Tuesday.


theirishtimes--2020-02-24--Man jailed for ‘horrific’ false imprisonment and rape of ex-partner

A man who imprisoned his ex-partner and three-year-old child and threatened to burn the house down before assaulting and raping the woman has been jailed for 12 years .
The man pleaded guilty to carrying out a number of offences , including assaulting the woman and fracturing her jaw during the May 2016 incident .
However , he continues to deny he raped her , a Central Criminal Court sentencing hearing heard .
He was found guilty of raping the woman by unanimous jury verdict following a trial in December .
Passing sentence on Monday , Mr Justice Michael White @ @ @ @ @ @ @ “ utmost seriousness ” , which was all the more serious because it was inflicted on the man ’ s former partner and the mother of his child .
The judge said the offending was aggravated by the horrific nature of the violence inflicted on the woman .
He said a further aggravating factor was the man harassing his former partner for six weeks after the offences .
He said he did not consider the guilty pleas of the man to be “ really that beneficial ” as the victim had to give @ @ @ @ @ @ @ He said the only mitigation taken into account were the sad circumstances of the man ’ s life when he was a young child .
He sentenced the man to 12 years imprisonment .
In a victim impact statement read out in court , the woman said she had changed since enduring the “ horrific ” false imprisonment and sexual assault at the hands of her ex-partner .
“ I ’ m not me any more and I don ’ t know if I ever will be again , ” she said .
@ @ @ @ @ @ @ you showed me none.
” She said she continues to have nightmares of being raped in a burning home as her child screams “ mammy ” .
She no longer leaves her home unless she has to , has been unable to return to work and has lost friends who were intimidated by the man , she said .
She already dreads him being released from custody .
The 32-year-old , who can not be named to protect his victim ’ s anonymity , pleaded guilty in July 2018 to assaulting the woman @ @ @ @ @ @ @ carjack handle in the course of an assault at her home in Co Westmeath on May 14th , 2016 .
He also pleaded guilty to harassing her between May 14th , 2016 and June 30th , 2016 .
The man stood trial in July 2018 and was found guilty by a jury of falsely imprisoning the woman , threatening to kill her , threatening to burn her house down and producing knives in the course of the assault .
He was found guilty of rape following a separate trial last year .
He @ @ @ @ @ @ @ for assault and false imprisonment .
At an earlier sentencing hearing , a local garda told Paul Carroll SC , prosecuting , that the man and woman had been in a relationship and had a child together , before breaking up .
The man had spent a number of years in prison during this time , the court heard .
On the day in question , the man arrived at the woman ’ s home saying he had some money for the child , who was also present .
He had been drinking @ @ @ @ @ @ @ the house , the court heard .
He started making advances on the woman , which she rejected , and then became “ enraged ” , the court heard .
He locked all the doors and windows in the house , started punching the fridge and damaging kitchen implements before he threatened to burn the house down with all three of them in it .
He flicked lighter fuel at her in front of the child , as the woman begged him to stop .
He then put a bread knife to her @ @ @ @ @ @ @ kill her .
He smashed her phone and jumped on it to ensure it was unusable .
The man then started assaulting the woman — beating her with a car jack handle to the face and hitting her with a dog lead – while the upset child repeatedly asked him to stop .
The man eventually stopped and things calmed down temporarily , the garda said .
The woman brought the child upstairs to sleep and lay down .
The man then came in to the room and raped the woman while their @ @ @ @ @ @ @ morning , the woman managed to get a sim card into another phone in the house and alerted her sister , who came over to the house immediately .
The man then fled the scene .
He continued to harass the woman over the following six-week period , phoning her more than 100 times .
During his trial , he took the stand and told the jury the woman was “ having a go at him ” .

A man who imprisoned his ex-partner and three-year-old child and threatened to burn the house down before assaulting and raping the woman has been jailed for 12 years at the Central Criminal Court. File photograph: Matt Kavanagh/The Irish Times.
A man who imprisoned his ex-partner and three-year-old child and threatened to burn the house down before assaulting and raping the woman has been jailed for 12 years.
The man pleaded guilty to carrying out a number of offences, including assaulting the woman and fracturing her jaw during the May 2016 incident.
However, he continues to deny he raped her, a Central Criminal Court sentencing hearing heard. He was found guilty of raping the woman by unanimous jury verdict following a trial in December.
Passing sentence on Monday, Mr Justice Michael White said this was an incident of the “utmost seriousness”, which was all the more serious because it was inflicted on the man’s former partner and the mother of his child.
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The judge said the offending was aggravated by the horrific nature of the violence inflicted on the woman. He said a further aggravating factor was the man harassing his former partner for six weeks after the offences.
He said he did not consider the guilty pleas of the man to be “really that beneficial” as the victim had to give evidence in two separate jury trials. He said the only mitigation taken into account were the sad circumstances of the man’s life when he was a young child. He sentenced the man to 12 years imprisonment.
In a victim impact statement read out in court, the woman said she had changed since enduring the “horrific” false imprisonment and sexual assault at the hands of her ex-partner.
“I’m not me any more and I don’t know if I ever will be again,” she said. “I was at your mercy and you showed me none.”
Nightmares
She said she continues to have nightmares of being raped in a burning home as her child screams “mammy”.
She no longer leaves her home unless she has to, has been unable to return to work and has lost friends who were intimidated by the man, she said. She already dreads him being released from custody.
The 32-year-old, who cannot be named to protect his victim’s anonymity, pleaded guilty in July 2018 to assaulting the woman, damaging her phone and producing a carjack handle in the course of an assault at her home in Co Westmeath on May 14th, 2016. He also pleaded guilty to harassing her between May 14th, 2016 and June 30th, 2016.
The man stood trial in July 2018 and was found guilty by a jury of falsely imprisoning the woman, threatening to kill her, threatening to burn her house down and producing knives in the course of the assault.
He was found guilty of rape following a separate trial last year. He has 28 previous convictions, including convictions for assault and false imprisonment.
At an earlier sentencing hearing, a local garda told Paul Carroll SC, prosecuting, that the man and woman had been in a relationship and had a child together, before breaking up. The man had spent a number of years in prison during this time, the court heard.
On the day in question, the man arrived at the woman’s home saying he had some money for the child, who was also present. He had been drinking and continued to drink vodka while in the house, the court heard.
‘Enraged’
He started making advances on the woman, which she rejected, and then became “enraged”, the court heard.
He locked all the doors and windows in the house, started punching the fridge and damaging kitchen implements before he threatened to burn the house down with all three of them in it.
He flicked lighter fuel at her in front of the child, as the woman begged him to stop. He then put a bread knife to her face, saying he was going to kill her. He smashed her phone and jumped on it to ensure it was unusable.
The man then started assaulting the woman — beating her with a car jack handle to the face and hitting her with a dog lead – while the upset child repeatedly asked him to stop.
The man eventually stopped and things calmed down temporarily, the garda said. The woman brought the child upstairs to sleep and lay down. The man then came in to the room and raped the woman while their child slept beside them.
The following morning, the woman managed to get a sim card into another phone in the house and alerted her sister, who came over to the house immediately. The man then fled the scene.
He continued to harass the woman over the following six-week period, phoning her more than 100 times. During his trial, he took the stand and told the jury the woman was “having a go at him”.


theirishtimes--2020-02-28--Pakistani man wins appeal over refusal to enlist him in Defence Forces

A young Pakistani man who got subsidiary protection after coming here as an unaccompanied minor has won his appeal over being refused enlistment in the Defence Forces .
He was refused because he could not show he is entitled to reside here for the 12-year enlistment period .
The three judge Court of Appeal said the man “ is entitled to seek and enter employment in the same way as an Irish citizen would be ” and can not be discriminated against because of his status as a person entitled to subsidiary protection .
Its judgment on Friday has implications @ @ @ @ @ @ @ said that if the Minister for Defence has a “ genuine ” concern about people with restricted or limited rights of residence , he may opt to amend the relevant regulations .
The court will decide later what orders it should make in case .
Now in his 20s , the man came here as an unaccompanied minor in 2012 .
He got subsidiary protection in 2014 and permission to remain until 2017 , later extended to June 2020 .
He unsuccessfully applied in August 2015 and April 2016 to join the general @ @ @ @ @ @ @ May 2016 , he applied to the Naval Service , was enlisted in that in December 2016 and began training in early January 2017 .
Some two weeks later , he left the Naval Service , having purchased his discharge as he was confident he would get a place in the general service , his preference .
He could not apply to the general service while in the naval service .
He was selected for enlistment with the general service but was verbally told at the Curragh Camp in April 2017 he was @ @ @ @ @ @ @ a minimum 12 years permission to remain in the State or an open-ended permission .
An email was also sent to him in May 2017 on Defence Forces headed notepaper concerning residency requirements .
His solicitor was told in a January 2018 letter from the Department the man ’ s “ attestation ” in the Naval Service was “ administratively incorrect ” under current legislation and he did not have a residency permission that would allow him satisfy Defence Forces induction criteria concerning residency .
The man took proceedings against the Minister and @ @ @ @ @ @ @ the High Court refused to overturn the refusal to enlist him .
In a unanimous Court of Appeal judgment on Friday , Ms Justice Donnelly , with whom Ms Justice Mary Faherty and Ms Justice Ann Power agreed , allowed his appeal .
The Minister has power to review the Defence Forces decision set out in the May 2017 email refusing enlistment and the January 2018 decision of the Department is amenable to judicial review , the judge found .
She rejected the Minister ’ s arguments that section 53.1 of the Defence @ @ @ @ @ @ @ made under that prevent the man ’ s enlistment .
Section 53 provides , inter alia , a person , including a minor , may be enlisted as a member of the Permanent Defence Force for a period of 12 years or for a lesser period as may from time to time be prescribed .
The Minister , the judge noted , took the view the statutory intention behind the time limitation was designed to ensure enlisted persons have an allegiance to the State which is reflected in an entitlement to reside in @ @ @ @ @ @ @ or at least for the period of enlistment concerned .
There was “ confusion and lack of clarity ” by the Department of Defence as to the meaning of section 53 and the Minister has placed an interpretation on section 53 which that provision “ does not bear ” , she said .
The reason for the confusion is that section 53 simply provides those who are enlisting must sign up for a prescribed time , she said .
Those unwilling to sign up to such a period could not be enlisted but @ @ @ @ @ @ @ are otherwise not disqualified by recruiting regulations , are entitled to be enlisted .
If their entitlement to reside in the State ceases , the applicable rules concerning rights of residence will come into play and they will be liable to discharge , she said .
Until that occurs , they are obliged to serve in line with their enlistment .
Although a Defence Forces regulation provides that 13 categories of persons , include homeless persons , are ineligible for enlistment , that list does not include persons who do not have permission @ @ @ @ @ @ @ she also noted .

A young Pakistani man who got subsidiary protection after coming here as an unaccompanied minor has won his appeal over being refused enlistment in the Defence Forces.
He was refused because he could not show he is entitled to reside here for the 12-year enlistment period.
The three judge Court of Appeal said the man “is entitled to seek and enter employment in the same way as an Irish citizen would be” and cannot be discriminated against because of his status as a person entitled to subsidiary protection.
Its judgment on Friday has implications for enlistment but Ms Justice Aileen Donnelly said that if the Minister for Defence has a “genuine” concern about people with restricted or limited rights of residence, he may opt to amend the relevant regulations.
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The court will decide later what orders it should make in case.
Now in his 20s, the man came here as an unaccompanied minor in 2012. He got subsidiary protection in 2014 and permission to remain until 2017, later extended to June 2020.
He unsuccessfully applied in August 2015 and April 2016 to join the general service of the Defence Forces.
In May 2016, he applied to the Naval Service, was enlisted in that in December 2016 and began training in early January 2017. Some two weeks later, he left the Naval Service, having purchased his discharge as he was confident he would get a place in the general service, his preference. He could not apply to the general service while in the naval service.
He was selected for enlistment with the general service but was verbally told at the Curragh Camp in April 2017 he was not eligible to enlist because he required a minimum 12 years permission to remain in the State or an open-ended permission. An email was also sent to him in May 2017 on Defence Forces headed notepaper concerning residency requirements.
His solicitor was told in a January 2018 letter from the Department the man’s “attestation” in the Naval Service was “administratively incorrect” under current legislation and he did not have a residency permission that would allow him satisfy Defence Forces induction criteria concerning residency.
The man took proceedings against the Minister and appealed to the Court of Appeal after the High Court refused to overturn the refusal to enlist him.
In a unanimous Court of Appeal judgment on Friday, Ms Justice Donnelly, with whom Ms Justice Mary Faherty and Ms Justice Ann Power agreed, allowed his appeal.
The Minister has power to review the Defence Forces decision set out in the May 2017 email refusing enlistment and the January 2018 decision of the Department is amenable to judicial review, the judge found.
She rejected the Minister’s arguments that section 53.1 of the Defence Forces Act 1954 and/or Defence Force regulations made under that prevent the man’s enlistment.
Section 53 provides, inter alia, a person, including a minor, may be enlisted as a member of the Permanent Defence Force for a period of 12 years or for a lesser period as may from time to time be prescribed.
The Minister, the judge noted, took the view the statutory intention behind the time limitation was designed to ensure enlisted persons have an allegiance to the State which is reflected in an entitlement to reside in the State on an open-ended basis, or at least for the period of enlistment concerned.
There was “confusion and lack of clarity” by the Department of Defence as to the meaning of section 53 and the Minister has placed an interpretation on section 53 which that provision “does not bear”, she said.
The reason for the confusion is that section 53 simply provides those who are enlisting must sign up for a prescribed time, she said. Those unwilling to sign up to such a period could not be enlisted but those willing to sign up, who are otherwise not disqualified by recruiting regulations, are entitled to be enlisted.
If their entitlement to reside in the State ceases, the applicable rules concerning rights of residence will come into play and they will be liable to discharge, she said. Until that occurs, they are obliged to serve in line with their enlistment.
Although a Defence Forces regulation provides that 13 categories of persons, include homeless persons, are ineligible for enlistment, that list does not include persons who do not have permission to reside here for 12 years, she also noted.


theirishtimes--2020-02-28--Tree-felling ‘conscientious protector’ convicted of timber theft

A woman who described herself as “ a conscientious protector of the environment ” has been convicted of stealing €500 worth of timber from Coillte after she cut down 250 Sitka spruce trees in a west Cork forest .
Welsh-born Sionad Jones ( 61 ) from Maughnaclea , Kealkill , Bantry , Co Cork , denied two charges when she was arraigned at Cork Circuit Criminal Court on Thursday .
Jones had denied causing criminal damage without lawful excuse by felling the trees and ringmarking another 250 spruce trees belonging to Coillte at Maughnaclea , Kealkill between October 4th and @ @ @ @ @ @ @ a second charge that she did dishonestly appropriate felled spruce worth €500 without the consent of Coillte at Maughnaclea , Kealkill , between October 4th and December 4th 2018 .
Today Judge Seán Ó Donnabháin directed the jury of four men and eight women to find Jones not guilty of criminal damage following legal argument in their absence .
But he allowed the theft charge go to the jury .
And it took just 38 minutes to find Jones , who has been living at Maughnaclea in Kealkill since 1987 , guilty of @ @ @ @ @ @ @ worth €500 from Coillte .
He allowed the matter stand to allow Jones ’ s barrister , Peter O ’ Flynn , to see if his client was willing to give an undertaking to the court she would stop cutting down Sitka spruce or else she would face a jail sentence for the theft offence .
Jones explained that Sitka spruce was not native to Ireland .
She said it was having a huge detrimental effect on Irish biodiversity as the trees spread out as they grew and their branches interlinked , blocking @ @ @ @ @ @ @ Sitka spruce plantations were devoid of plant and animal life , with plants such as orchids and bilberry plants no longer able to survive there while insect and bird life was also negatively affected , she said .
The other problem with the Sitka spruce plantation at Maulnaclea was that the pine needles from the trees led to acidification of the water courses which had in turn led to the water in her well become acidic .
Broadleaf trees have the opposite effect of making the water courses alkaline so that was another @ @ @ @ @ @ @ broadleaves as well as trying to restore the biodiversity associated with native Irish forests .
Cross-examined by prosecution barrister Brendan Kelly , Jones described herself as “ a conscientious protector of the environment ” which she said had the same legal standing as conscientious objectors who refused to go to war .
Asked if she accepted Coillte owned the Maughnaclea plantat ion , Jones replied that she acknowledged the State agency managed it on behalf of Irish taxpayers .
But she believed the forest belonged to the people of Ireland and should be @ @ @ @ @ @ @ managing the forest for at least 20 years because of Coillte ’ s neglect of its duties to the Irish people .
I took over as a concerned citizen who has a duty of care to ensure biodiversity , ” she said .

Sionad Jones: ‘I’ve been managing the forest for at least 20 years because of Coillte’s neglect of its duties to the Irish people.’ Photograph: Gary O’ Neill
A woman who described herself as “a conscientious protector of the environment” has promised not to cut down any more Sitka spruce after a judge warned her she faced jail if she didn’t stop such activity.
Sionad Jones (61) from Maughnaclea, Kealkill, Bantry, Co Cork had been convicted by a jury of stealing €500 worth of Sitka spruce belonging to Coillte after she felled some 250 trees at the remote plantation at Maughnaclea.
Jones had been charged with two offences arising out of her actions in 2018 during which she cut down 250 Sitka spruce, ring marked another 250 causing them to die and planted broadleaves in their place at the plantation.
Judge Seán Ó Donnabháin had directed the jury at Cork Circuit Criminal Court to find her not guilty of causing criminal damage following legal argument.
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But the jury of four men and eight women took just 38 minutes to find Welsh native Jones guilty of dishonestly, appropriating or stealing 250 logs worth €500 from Coillte.
The judge said he wanted Jones to give an undertaking that there would be no repeat of her behaviour. And he also said she should not cut down, remove and burn any trees from the plantation.
“I understand that I am not to do that again without the permission of Coillte. I understand that and I take it seriously,” said Jones after her barrister, Peter O’Flynn, said she was willing to comply with any order of the court.
The judge said he was still baffled by her behaviour after hearing evidence how she had cut down the trees with a chainsaw and then burned the logs at her home and yet claims to be a protector of the environment.
“I don’t understand how a hero of the greenery can go around with a chainsaw in one hand and a burning log in the other and claim to be a protector of the environment. Where is the protection of the environment in that? he asked.
He also said that he was less than impressed by Jones and a group of her supporters who mounted a protest outside the Anglesea Street Courthouse, using his court as “a platform for idle political engagement”.
He noted Jones had abided by a previous undertaking she had given – when convicted of cultivating cannabis – not to grow any more cannabis plants. And he adjourned the case until October 30th to see she abides by her undertaking.
Garda Fintan Coffey had told the court that he visited the Maughnaclea plantation on December 4th, 2018, when he encountered Jones driving out of the forestry in her green Toyota Starlet. So he stopped her.
She was covered in sawdust when she got out of her car and he noticed she had a chainsaw in the car. After he cautioned her she told him that she had been felling spruce trees in the forest which she knew belonged to Coillte.
He said he saw a large clearing of spruce trees in the forest where he noticed recently felled stumps, stacked logs and ring-marked trees as well as broadleaf trees which had been planted in the ground.
Jones agreed to come into Bantry Garda Station where she made a voluntary statement, admitting she felled Sitka spruce trees and replaced them with 46 native Irish broadleaves including birch, oak, hazel, alder and rowan.
“This morning I was sawing down a few Spruce trees in order to create space to plant different trees, proper trees, native trees,” said Jones adding that she had been cutting down spruce there for 20 years and planting broadleaves.
Jones explained during her trial that Sitka spruce is not native to Ireland and is having a huge detrimental effect on biodiversity. She said trees spread out as they grow and branches interlink, blocking light.
Acidifying water courses
It meant Sitka spruce plantations are devoid of plant and animal life with plants such as orchids and bilberry no longer able to survive there while insects and native species are badly affected.
The other particular problem with the Sitka spruce plantation at Maughnaclea was that the pine needles led to acidification of the water courses, which had in turn led to the water in her well become acidic.
Broadleaf trees have the opposite effect so that was another reason why she had taken to planting them, as well as trying to restore the biodiversity associated with native Irish forests.
Cross-examined by prosecution barrister Brendan Kelly, Jones described herself as “a conscientious protector of the environment” which she said had the same legal standing as conscientious objectors who refused to go to war.
Asked if she accepted Coillte owned the Maughnaclea plantion, Jones replied she acknowledged the State agency managed it on behalf of taxpayers. But she believed the forest belonged to the people of Ireland and should be protected.
“I’ve been managing the forest for at least 20 years because of Coillte’s neglect of its duties to the Irish people. I took over as a concerned citizen who has a duty of care to ensure biodiversity,” she said.


theirishtimes--2020-02-28--Joshua Allen jailed for 15 months for drugs offences

The teenage son of celebrity chef Rachel Allen has been jailed for 15 months after a judge said his level of culpability in possessing €22,000-worth of drugs for sale or supply was significant .
Joshua Allen ( 19 ) of Ballinamona , Shanagarry , Co Cork had pleaded guilty last year to three drug offences , including one of possessing 1.134 kilos of cannabis for sale or supply at Ballymaloe Cookery School on 30 August 2018 .
Det Sgt Michael O ’ Halloran told Cork Circuit Criminal Court that customs officers had intercepted a package containing 1.134 kilos of cannabis @ @ @ @ @ @ @ 27th , 2018 .
The drugs , which had a street value of €22,694 , were addressed to Joshua Allen at Ballymaloe Cookery School and gardaí organised a controlled delivery of the package to Allen on August 30th , 2018 at Ballymaloe Cookery School .
Allen signed for and accepted the package outside the shop at the cookery school and gardaí watched him open the package before moving in and arrested him for questioning about the drugs .
Det Sgt O ’ Halloran said Allen told gardaí it was the third or fourth @ @ @ @ @ @ @ obtaining the drugs from a woman in California he had met some time previously in East Cork .
He had been reluctant to wire money to the woman so he had gone to London and paid for the drugs there , handing over €2,000 in cash , said Det O ’ Halloran , adding that Allen had co-operated fully with gardaí in their investigation .
Judge Sean O Donnabhain had remanded Allen in custody for a month saying he was not impressed with Allen ’ s attitude towards drugs in a probation report @ @ @ @ @ @ @ a residential drugs treatment course .
On Friday , senior counsel Siobhán Lankford SC submitted a probation report and a report from both the Cuan Mhuire Drug Treatment Centre where Allen has spent the past three months getting treatment for cannabis addiction .
Ms Lankford pleaded for leniency , pointing out that Allen ’ s drug addiction was such that he had taken cannabis prior to his first court appearance and had actually tested positive when he attended at Cuan Mhuire for the first time .
But she said that since then he @ @ @ @ @ @ @ and she asked the court to treat him no differently to anyone else who came before the court with no previous convictions and who had entered an early guilty plea .
Judge O Donnabhain prefaced his remarks at sentencing by saying : “ Any suggestion that I would treat this accused differently to anyone else is very offensive – he has been treated the same as anyone else.
” He said he disagreed with a defence suggestion that there was a certain amateurishness to Allen ’ s offending , pointing out that he @ @ @ @ @ @ @ organise the drug deal from the United States .
He said the Probation Service and Cuan Mhuire reports were both positive but they only brought Allen to the place he should have been last November when he [ the judge ] made no promises that he would avoid a custodial sentence .
Judge O Donnabhain said he accepted Allen had no previous convictions , had entered an early guilty plea and had a supportive family but he noted the probation report found he was at a moderate risk of re-offending .
He noted @ @ @ @ @ @ @ that he had left school at the age of 15 before completing his Junior Certificate without any qualifications , but the level of culpability was significant notwithstanding his age .
He sentenced Allen to 30 months in jail but suspended the final 15 months , leaving Allen with 15 months to serve and he backdated the sentence to November 8th when Allen first went into custody .

The teenage son of celebrity chef Rachel Allen has been jailed for 15 months after a judge said his level of culpability in possessing €22,000-worth of drugs for sale or supply was significant.
Joshua Allen (19) of Ballinamona, Shanagarry, Co Cork had pleaded guilty last year to three drug offences, including one of possessing 1.134 kilos of cannabis for sale or supply at Ballymaloe Cookery School on 30 August 2018.
Det Sgt Michael O’Halloran told Cork Circuit Criminal Court that customs officers had intercepted a package containing 1.134 kilos of cannabis at the Portlaoise Sorting Office on August 27th, 2018.
The drugs, which had a street value of €22,694, were addressed to Joshua Allen at Ballymaloe Cookery School and gardaí organised a controlled delivery of the package to Allen on August 30th, 2018 at Ballymaloe Cookery School.
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Allen signed for and accepted the package outside the shop at the cookery school and gardaí watched him open the package before moving in and arrested him for questioning about the drugs.
Det Sgt O’Halloran said Allen told gardaí it was the third or fourth such delivery that he had organised, obtaining the drugs from a woman in California he had met some time previously in East Cork.
He had been reluctant to wire money to the woman so he had gone to London and paid for the drugs there, handing over €2,000 in cash, said Det O’Halloran, adding that Allen had co-operated fully with gardaí in their investigation.
Judge Sean O Donnabhain had remanded Allen in custody for a month saying he was not impressed with Allen’s attitude towards drugs in a probation report but he later released him to attend a residential drugs treatment course.
On Friday, senior counsel Siobhán Lankford SC submitted a probation report and a report from both the Cuan Mhuire Drug Treatment Centre where Allen has spent the past three months getting treatment for cannabis addiction.
Ms Lankford pleaded for leniency, pointing out that Allen’s drug addiction was such that he had taken cannabis prior to his first court appearance and had actually tested positive when he attended at Cuan Mhuire for the first time.
But she said that since then he had a different attitude towards drugs, and she asked the court to treat him no differently to anyone else who came before the court with no previous convictions and who had entered an early guilty plea.
Judge O Donnabhain prefaced his remarks at sentencing by saying: “Any suggestion that I would treat this accused differently to anyone else is very offensive – he has been treated the same as anyone else.”
He said he disagreed with a defence suggestion that there was a certain amateurishness to Allen’s offending, pointing out that he had gone to London with €2,000 to organise the drug deal from the United States.
He said the Probation Service and Cuan Mhuire reports were both positive but they only brought Allen to the place he should have been last November when he [the judge]made no promises that he would avoid a custodial sentence.
Judge O Donnabhain said he accepted Allen had no previous convictions, had entered an early guilty plea and had a supportive family but he noted the probation report found he was at a moderate risk of re-offending.
He noted that Allen had a sad background in that he had left school at the age of 15 before completing his Junior Certificate without any qualifications, but the level of culpability was significant notwithstanding his age.
He sentenced Allen to 30 months in jail but suspended the final 15 months, leaving Allen with 15 months to serve and he backdated the sentence to November 8th when Allen first went into custody.