theirishtimes--2020-01-28--Political parties rule out student loans to fund third level

All major political parties have ruled out a student loan scheme as a way of funding higher education over the coming years .
The comments were made at a debate on the future of higher education involving the spokespeople for the main political parties at Trinity College Dublin on Tuesday moderated by Newstalk ’ s Shane Coleman .
Minister of State for higher education and Fine Gael TD Mary Mitchell O ’ Connor said student registration charges - currently €3,000 a year - will be frozen and additional public funding will be invested in the sector if her party is @ @ @ @ @ @ @ whether the sector was underfunded , she conceded that the sector still requires “ extra funding ” , and this would be drawn from the exchequer and a levy on employers , known as the National Training Fund .
Fianna Fáil ’ s education spokesman Thomas Byrne TD also pledged free registration charges and promised to invest an additional €100 million in funding for the sector .
In addition , he said Fianna Fáil would establish a new department of higher education and research in order to give more focus and dedication at @ @ @ @ @ @ @ TD of People Before Profit said he supported a fully publicly-funded system of higher education which is free for all .
Instead , he said , governments have made college less affordable by “ slashing funding , cutting grants and increasing registration fees ” .
“ State grants aid for horses ?
€6,915 per year .
State grant aid per student ?
€4,396 per year .
That ’ s how seriously successive governments take you as students and higher education , ” he said .
Sinn Féin ’ s Donnchadh Ó Laoghaire TD @ @ @ @ @ @ @ said the last four years have been “ time lost ” for higher education .
He said the party supported a fully publicly-funded higher education system along with additional investment in grants to make going to college more affordable .
Labour Senator Ivana Bacik said her party ’ s preference is for a fully publicly-funded higher education system and for the €3,000 student registration charge to be abolished .
She said she felt this could be implemented over the lifetime of the next government , and pointed to Labour ’ s move to @ @ @ @ @ @ @ a sign that it was possible with “ political will ” .
Ms Bacik also warned that the current approach to providing targeted additional funding in selected programmes or skills areas could lead to the “ destruction of arts and humanities by stealth ” and pledged to end this policy .
Cllr Nessa Hourigan of the Green Party said a key priority would be boosting access to higher education for under-represented groups as well as improving terms and conditions for third level staff on precarious contracts .
The Social Democrats , according to @ @ @ @ @ @ @ that the current approach to third level funding was a “ recipe for disaster ” and also supported a public-funded system .
In the meantime , he said the party would support a cut in the student registration charge and making college more affordable for all .
At the beginning of the debate , Trinity provost Patrick Prendergast has warned that under-funding of the sector was a “ time-bomb ” that needed to be addressed .
“ We are sitting on a time bomb .
.
.
The country depends on cutting edge @ @ @ @ @ @ @ in the global ranking by institutions around the world with better public funding , ” he said .

Minister of State Mary Mitchell O’Connor, TD Fine Gael, Deputy Thomas Byrne (FF) Senator Ivana Bacik (Labour), Deputy Donnchadh O’Laoghaire (SF) Cllr Neasa Hourigan, (GP) Deputy Richard Boyd Barrett (PBP)and Aengus O’Maolain, (Social Democrats), at the election debate on the future funding of higher education and research in Ireland at the TCD Business School, in Dublin. Photograph: Dara Mac Dónaill / The Irish Times
All major political parties have ruled out a student loan scheme as a way of funding higher education over the coming years.
The comments were made at a debate on the future of higher education involving the spokespeople for the main political parties at Trinity College Dublin on Tuesday moderated by Newstalk's Shane Coleman.
Minister of State for higher education and Fine Gael TD Mary Mitchell O'Connor said student registration charges - currently €3,000 a year - will be frozen and additional public funding will be invested in the sector if her party is returned to government.
When pressed on whether the sector was underfunded, she conceded that the sector still requires “extra funding”, and this would be drawn from the exchequer and a levy on employers, known as the National Training Fund.
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Fianna Fáil's education spokesman Thomas Byrne TD also pledged free registration charges and promised to invest an additional €100 million in funding for the sector.
In addition, he said Fianna Fáil would establish a new department of higher education and research in order to give more focus and dedication at a political level.
Richard Boyd Barrett TD of People Before Profit said he supported a fully publicly-funded system of higher education which is free for all.
Instead, he said, governments have made college less affordable by “slashing funding, cutting grants and increasing registration fees”.
“State grants aid for horses? €6,915 per year. State grant aid per student? €4,396 per year. That’s how seriously successive governments take you as students and higher education,” he said.
Sinn Féin’s Donnchadh Ó Laoghaire TD also ruled out a loan scheme and said the last four years have been “time lost” for higher education.
He said the party supported a fully publicly-funded higher education system along with additional investment in grants to make going to college more affordable.
Abolish registration fee
Labour Senator Ivana Bacik said her party's preference is for a fully publicly-funded higher education system and for the €3,000 student registration charge to be abolished.
She said she felt this could be implemented over the lifetime of the next government, and pointed to Labour’s move to abolish third level fees in 1996 as a sign that it was possible with “political will”.
Ms Bacik also warned that the current approach to providing targeted additional funding in selected programmes or skills areas could lead to the “destruction of arts and humanities by stealth” and pledged to end this policy.
Cllr Nessa Hourigan of the Green Party said a key priority would be boosting access to higher education for under-represented groups as well as improving terms and conditions for third level staff on precarious contracts.
The Social Democrats, according to party representative Aengus Ó Maoláin, warned that the current approach to third level funding was a “recipe for disaster” and also supported a public-funded system.
In the meantime, he said the party would support a cut in the student registration charge and making college more affordable for all.
At the beginning of the debate, Trinity provost Patrick Prendergast has warned that under-funding of the sector was a "time-bomb" that needed to be addressed.
“We are sitting on a time bomb . . . The country depends on cutting edge research. Our universities are being overtaken in the global ranking by institutions around the world with better public funding,” he said.


theirishtimes--2020-01-28--Homeless woman wins appeal over failure to pay her Jobseeker’s Allowance

A woman who held onto her part-time job after becoming homeless , has won her appeal over the State ’ s failure to pay her Jobseeker ’ s Allowance for several months .
The court heard the issue arose because she did not show she was “ currently residing ” in the relevant social welfare catchment area .
The Court of Appeal ruled that failure was outside the power of the Minister for Social Protection .
It also expressed concern it had heard “ nothing ” from the Minister ’ s side that addressed the “ simple ” question as @ @ @ @ @ @ @ to apply for Jobseeker ’ s Allowance in the future .
Giving the three judge court ’ s judgment on Tuesday , Mr Justice Robert Haughton said the woman is an EU citizen who came here from Latvia nine years ago and her position over the relevant months , April to September 2016 , was a “ sad one ” .
In 2016 , she was earning between €60-180 weekly as a sales assistant in a Dublin shop .
Due to her low means , she was entitled to access social welfare payments @ @ @ @ @ @ @ becoming homeless in early 2016 , she resorted to “ couch surfing ” with friends in Dublin and other locations , used hostels other nights when she had money to do so and also slept rough in Dublin Airport and two rail stations .
It was “ little wonder ” her mental and physical health were affected by the stress of being homeless , and it was a “ testament ” to her , during this time , she continued to work part-time .
Rejecting the Minister ’ s arguments the case was @ @ @ @ @ @ @ s Allowance were later paid to the woman , he said the court would make declarations to ensure “ all possible support ” to homeless persons who have entitlements and because the woman might again find herself homeless and seeking Jobseeker ’ s Allowance in the future .
“ It is a distressing fact that in our society , there are many homeless people , most recent published estimates suggesting in excess of 10,000 , ” he said .
Some homeless people may find work while some working people , like this woman @ @ @ @ @ @ @ applying for Jobseeker ’ s Allowance when they can not prove they are “ currently residing ” within the relevant catchment area .
The judge said he was disposed to declare the Minister acted outside her powers in requiring the woman , when applying for Jobseeker ’ s Allowance while homeless , to prove she was “ currently residing ” in the particular catchment area .
He was also disposed to declare that , when the woman ’ s solicitor Eileen McCabe wrote to the Department on September 14th 2016 , the Minister @ @ @ @ @ @ @ place , or to publicise , any appropriate process for inviting , making , receiving and determining applications for Jobseeker ’ s Allowance from a homeless person .
The exact wording of the declarations will be decided later .
The judge refused damages on the basis there was insufficient evidence to dispute a €2,450 sum paid to the woman after her case was initiated did not amount to full payment of Jobseeker ’ s Allowance arrears .
General damages could not be pursued because no claim for misfeasance in public office was made @ @ @ @ @ @ @ Feichín McDonagh SC , with Brendan Hennessy BL , the woman appealed after losing High Court judicial review proceedings over not being paid Jobseeker ’ s Allowance between April and September 2016 .
She got the allowance in January 2017 , with payments back-dated to April 2016 .
In November 2015 , she moved to shared accommodation in Clondalkin and applied to have her Jobseeker ’ s Allowance processed by the Department ’ s Intreo office there .
She alleged delay processing her application and said she had to leave her Clondalkin accommodation @ @ @ @ @ @ @ afford the rent .
She claimed the Clondalkin office told her in May 2016 it could not deal with her case because she was homeless and she should contact the Department ’ s homeless unit which told her it did not process Jobseeker ’ s Allowance applications .
In July 2016 , when she looked for housing assistance from Dublin City Council , she was referred to South Dublin County Council which referred her back to Dublin City Council who put her in emergency accommodation .
Due to “ open drug use ” @ @ @ @ @ @ @ that to stay with friends and , if she had enough money , in hostels or elsewhere .
The Department denied it “ refused ” Jobseeker ’ s Allowance and argued her application was “ closed ” in May 2016 because she failed to provide necessary documents , including evidence she was living in the Clondalkin office ’ s catchment area .
It said it was unable to contact her and supplementary welfare payments were paid to her on various dates .

The court heard the payment failure was because the homeless woman did not show she was ’currently residing’ in the relevant social welfare catchment area. File photograph: Peter Muhly/AFP
A woman who held onto her part-time job after becoming homeless, has won her appeal over the State’s failure to pay her Jobseeker’s Allowance for several months. The court heard the issue arose because she did not show she was “currently residing” in the relevant social welfare catchment area.
The Court of Appeal ruled that failure was outside the power of the Minister for Social Protection. It also expressed concern it had heard “nothing” from the Minister’s side that addressed the “simple” question as to where a homeless person is meant to apply for Jobseeker’s Allowance in the future.
Giving the three judge court’s judgment on Tuesday, Mr Justice Robert Haughton said the woman is an EU citizen who came here from Latvia nine years ago and her position over the relevant months , April to September 2016, was a “sad one”.
In 2016, she was earning between €60-180 weekly as a sales assistant in a Dublin shop. Due to her low means, she was entitled to access social welfare payments while working her part-time job.
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After becoming homeless in early 2016, she resorted to “couch surfing” with friends in Dublin and other locations, used hostels other nights when she had money to do so and also slept rough in Dublin Airport and two rail stations.
It was “little wonder” her mental and physical health were affected by the stress of being homeless, and it was a “testament” to her, during this time, she continued to work part-time.
Rejecting the Minister’s arguments the case was now pointless because arrears of Jobseeker’s Allowance were later paid to the woman, he said the court would make declarations to ensure “all possible support” to homeless persons who have entitlements and because the woman might again find herself homeless and seeking Jobseeker’s Allowance in the future.
“It is a distressing fact that in our society, there are many homeless people, most recent published estimates suggesting in excess of 10,000,” he said.
Catchment Area
Some homeless people may find work while some working people, like this woman, might become homeless and find themselves applying for Jobseeker’s Allowance when they cannot prove they are “currently residing” within the relevant catchment area.
The judge said he was disposed to declare the Minister acted outside her powers in requiring the woman, when applying for Jobseeker’s Allowance while homeless, to prove she was “currently residing” in the particular catchment area.
He was also disposed to declare that, when the woman’s solicitor Eileen McCabe wrote to the Department on September 14th 2016, the Minister acted unlawfully in failing to have in place, or to publicise, any appropriate process for inviting, making, receiving and determining applications for Jobseeker’s Allowance from a homeless person.
The exact wording of the declarations will be decided later.
The judge refused damages on the basis there was insufficient evidence to dispute a €2,450 sum paid to the woman after her case was initiated did not amount to full payment of Jobseeker’s Allowance arrears. General damages could not be pursued because no claim for misfeasance in public office was made, he also held.
Represented by Feichín McDonagh SC, with Brendan Hennessy BL, the woman appealed after losing High Court judicial review proceedings over not being paid Jobseeker’s Allowance between April and September 2016. She got the allowance in January 2017, with payments back-dated to April 2016.
Processing delay
In November 2015, she moved to shared accommodation in Clondalkin and applied to have her Jobseeker’s Allowance processed by the Department’s Intreo office there. She alleged delay processing her application and said she had to leave her Clondalkin accommodation in February 2016 because she could not afford the rent.
She claimed the Clondalkin office told her in May 2016 it could not deal with her case because she was homeless and she should contact the Department’s homeless unit which told her it did not process Jobseeker’s Allowance applications.
In July 2016, when she looked for housing assistance from Dublin City Council, she was referred to South Dublin County Council which referred her back to Dublin City Council who put her in emergency accommodation. Due to "open drug use" and incidents of violence, she left that to stay with friends and, if she had enough money, in hostels or elsewhere.
The Department denied it “refused” Jobseeker’s Allowance and argued her application was “closed” in May 2016 because she failed to provide necessary documents, including evidence she was living in the Clondalkin office’s catchment area. It said it was unable to contact her and supplementary welfare payments were paid to her on various dates.


theirishtimes--2020-01-28--Boy who fell off a stage at a wedding is awarded €35,000

A child who fell off a stage at a wedding in a Co Donegal hotel has been awarded €35,000 .
@ @ @ @ @ aged just four at the time , suffered the accident at the Strand Hotel in @ @ @ @ @ 2017 .
The child appeared with his parents at Letterkenny Circuit Court where details of @ @ @ @ @ Barrister Peter Nolan told the court that the child fell off a stage during the @ @ @ @ @ .
He was rushed to Altnagelvin Hospital in Derry , where he was treated on @ @ @ @ @ read reports from two plastic surgeons whom the child has been attending .
Both said @ @ @ @ @ is around the child ’ s eyebrow , is visible but is expected to heal @ @ @ @ @ was happy to recommend that compensation of €35,000 be paid by the hotel .
He @ @ @ @ @ damages .
Judge John Aylmer said he was happy to recommend the sum for the @ @

A child who fell off a stage at a wedding in a Co Donegal hotel has been awarded €35,000. File photograph: Getty Images
A child who fell off a stage at a wedding in a Co Donegal hotel has been awarded €35,000.
The boy, who was aged just four at the time, suffered the accident at the Strand Hotel in Ballyliffin on September 9th, 2017.
The child appeared with his parents at Letterkenny Circuit Court where details of the incident were heard.
Barrister Peter Nolan told the court that the child fell off a stage during the wedding and suffered a laceration.
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He was rushed to Altnagelvin Hospital in Derry, where he was treated on the night.
Mr Nolan read reports from two plastic surgeons whom the child has been attending.
Both said that a scar, which is around the child’s eyebrow, is visible but is expected to heal well.
He said he was happy to recommend that compensation of €35,000 be paid by the hotel. He also recommended €846 in special damages.
Judge John Aylmer said he was happy to recommend the sum for the child.


theirishtimes--2020-01-28--Higgins says claim UN criticism of Israel is anti-Semitic ‘inappropriate’

President Michael D Higgins has criticised as “ completely inappropriate ” a claim by the World Jewish Conference ( WJC ) that the UN ’ s consistent criticism of Israel and its politics is disproportionate and anti-Semitic .
At Monday ’ s ceremony to mark the 75th anniversary of the liberation of Auschwitz , WJC president Ronald Lauder said that 81 per cent of UN resolutions criticising countries in the last seven years were directed at Israel .
The UN ignores dictators who kill their own people , Mr Lauder said , adding that “ anti-Zionism is nothing but anti-Semitism @ @ @ @ @ @ @ by Mr Lauder , the son of Hungarian Jewish emigrants to New York , created a sense of “ discord ” in the tent at the Birkenau event .
“ It was completely inappropriate , ” said Mr Higgins .
“ It was bad and a shame .
You sensed , too , in the long row in front of me a certain frisson.
” On Tuesday Mr Higgins learned about Krakow ’ s Jewish life starting in Ghetto Heroes ’ Square .
An installation of bronze chairs remembers the ghetto erected by @ @ @ @ @ @ @ from where Krakow ’ s Jews were deported to their deaths .
Mr Higgins also visited the Jewish Cultural Centre , offering facilities for the city ’ s 50 remaining Holocaust survivors as well as education , courses and library and other cultural activities .
The centre is open for all , including Poles who learn as adults of their Jewish identity , hidden by their parents .
This legacy of the communist era , said Rabbi Avi Baumol , makes it difficult to gauge the size of the Jewish community in Krakow @ @ @ @ @ @ @ every day is Holocaust remembrance day here ; on the other hand , we are working to build a future , ” he told Mr Higgins in a meeting .
Home to Jews since the 11th century , Krakow ’ s prewar 64,000-strong community – a quarter of the city ’ s population – was almost entirely obliterated under the Nazis .
Jonathan Ornstein , executive director of the Jewish Community Centre , said it was counterintuitive for many to conceive of a renaissance of Jewish life in a city one hour east @ @ @ @ @ @ @ first Jewish kindergarten to operate here since 1939 opened its doors and , with 20 children , is now full .
“ This miracle is happening here , with Jews and non-Jews working together , which is all the more important at this difficult time , ” said Mr Ornstein .
In Kazimierz , Krakow ’ s historic Jewish quarter , the President visited the city ’ s second-oldest synagogue .
Inside the 16th-century building , Rabbi Boaz Gadka offered a blessing for heads of state .
One of the most famous residents @ @ @ @ @ @ @ woman who took her family ’ s face cream recipe and built it into an international cosmetic empire – Helena Rubenstein .
At every stop on his tour of Jewish Krakow , Mr Higgins bumped into Irish well-wishers including Northern Irish broadcaster Gerry Kelly , who was visiting as part of a birthday trip for his wife , Helena .
“ You can read as much as you wish about Auschwitz , ” said Kelly , “ but being there will be something completely different .
”

President Michael D Higgins said the intervention by Ronald Lauder created a sense of ‘discord’ in the tent at the Birkenau event. Photograph: Nick Bradshaw
President Michael D Higgins has criticised as “completely inappropriate” a claim by the World Jewish Conference (WJC) that the UN’s consistent criticism of Israel and its politics is disproportionate and anti-Semitic.
At Monday’s ceremony to mark the 75th anniversary of the liberation of Auschwitz, WJC president Ronald Lauder said that 81 per cent of UN resolutions criticising countries in the last seven years were directed at Israel.
The UN ignores dictators who kill their own people, Mr Lauder said, adding that “anti-Zionism is nothing but anti-Semitism”.
Mr Higgins said the intervention by Mr Lauder, the son of Hungarian Jewish emigrants to New York, created a sense of “discord” in the tent at the Birkenau event.
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“It was completely inappropriate,” said Mr Higgins. “It was bad and a shame. You sensed, too, in the long row in front of me a certain frisson.”
On Tuesday Mr Higgins learned about Krakow’s Jewish life starting in Ghetto Heroes’ Square. An installation of bronze chairs remembers the ghetto erected by Nazi occupiers here in 1941, and from where Krakow’s Jews were deported to their deaths.
Mr Higgins also visited the Jewish Community Centre, offering facilities for the city’s 50 remaining Holocaust survivors as well as education, courses and library and other cultural activities.
Legacy
The centre is open for all, including Poles who learn as adults of their Jewish identity, hidden by their parents. This legacy of the communist era, said Rabbi Avi Baumol, makes it difficult to gauge the size of the Jewish community in Krakow.
“On the one hand, every day is Holocaust remembrance day here; on the other hand, we are working to build a future,” he told Mr Higgins in a meeting.
Home to Jews since the 11th century, Krakow’s prewar 64,000-strong community – a quarter of the city’s population – was almost entirely obliterated under the Nazis.
Jonathan Ornstein, executive director of the Jewish Community Centre, said it was counterintuitive for many to conceive of a renaissance of Jewish life in a city one hour east of Auschwitz. Yet in 2017 the first Jewish kindergarten to operate here since 1939 opened its doors and, with 20 children, is now full.
“This miracle is happening here, with Jews and non-Jews working together, which is all the more important at this difficult time,” said Mr Ornstein.
Blessing
In Kazimierz, Krakow’s historic Jewish quarter, the President visited the city’s second-oldest synagogue. Inside the 16th-century building, Rabbi Boaz Gadka offered a blessing for heads of state.
One of the most famous residents lived opposite the synagogue: a young woman who took her family’s face cream recipe and built it into an international cosmetic empire – Helena Rubenstein.
At every stop on his tour of Jewish Krakow, Mr Higgins bumped into Irish well-wishers including Northern Irish broadcaster Gerry Kelly, who was visiting as part of a birthday trip for his wife, Helena.
“You can read as much as you wish about Auschwitz,” said Kelly, “but being there will be something completely different.”


theirishtimes--2020-01-28--Woman unaware of cocaine worth €183k in bags at airport, court hears

A Latvian woman who spent two days wandering around Dublin Airport unaware that she had €183,000 worth of cocaine hidden in her luggage has been given a partly suspended sentence .
Maja Kajuka ( 58 ) , who has mental health difficulties , later told custom officers that she had been working for a design company in Latvia for seven years and her employer had asked her to travel to Brazil to deliver two folders of laminated photographs .
Garda Conor Garland told Dara Hayes BL , prosecuting , that Kajuka said she remained in Brazil for two weeks after @ @ @ @ @ @ @ there .
The folders of photographs were returned to her and she was instructed to travel further to Dublin .
She said she was advised to meet with another Brazilian man at the airport to hand over the photographs and he would provide her with her ticket home .
Gda Garland said Kajuka claimed she lost her mobile phone and was unable to contact the Brazilian man in Dublin Airport to arrange a rendezvous .
She had been wandering around on the landside of Dublin Airport having successfully passed through customs when she @ @ @ @ @ @ @ Gda Garland agreed with Fiona Murphy SC , defending , that it was “ very bizarre set of circumstances ” and her client was “ hanging around the airport because she didn ’ t know what to do with herself ” .
He accepted that she was “ clearly disorientated ” when she was discovered by officers in the airport and that she had been “ used by others ” .
Gda Garland told Judge Martin Nolan that he was satisfied that Kajuka was used as a courier and was unaware that there @ @ @ @ @ @ @ said he came to that conclusion based on the fact that she had cleared customs and was free to leave to Dublin Airport but instead she remained in the building .
Kajuka , who is originally from Riga in Latvia , pleaded guilty at Dublin Circuit Criminal Court to possession of 2.6Kg of cocaine at Dublin Airport on July 13th , 2019 .
She has no previous convictions and had been remanded in custody since .
The drugs were discovered concealed between two photographs that had been laminated together back to back , @ @ @ @ @ @ @ paired photographs which were contained in two folders .
Judge Nolan sentenced Kajuka to four and half years in prison but suspended the balance on condition that she leave Ireland and return to Latvia within two weeks .
He said she is not to be released from prison until she has firm arrangements to return to Latvia .
He said the very fair evidence of Gda Garland suggested that she displayed no knowledge of the fact that she had cocaine in her possession .
“ He says very candidly that this woman didn @ @ @ @ @ @ @ the cocaine , ” Judge Nolan said before he added that she unfortunately lost her phone and was “ at a loss of what to do ” .
He said she had “ very apparent psychiatric problems ” and noted that it would be best for her to return to Latvia to resume her treatment there .
“ Her moral culpability is very low and some person took advantage of her , knowing her vulnerability , ” Judge Nolan said before he added he thought it would “ be unjust to continue to @ @ @ @ @ @ @ Murphy handed in a report outlining her client ’ s serious mental health issues .
She said her client wished to ret urn to Latvia and the defence team could arrange for her flight home .

Woman had been wandering around on the landside of Dublin Airport having successfully passed through customs when she came to the attention of officers. File photograph: Kate Geraghty
A Latvian woman who spent two days wandering around Dublin Airport unaware that she had €183,000 worth of cocaine hidden in her luggage has been given a partly suspended sentence.
Maja Kajuka (58), who has mental health difficulties, later told custom officers that she had been working for a design company in Latvia for seven years and her employer had asked her to travel to Brazil to deliver two folders of laminated photographs.
Garda Conor Garland told Dara Hayes BL, prosecuting, that Kajuka said she remained in Brazil for two weeks after handing over the photographs to a contact there.
The folders of photographs were returned to her and she was instructed to travel further to Dublin. She said she was advised to meet with another Brazilian man at the airport to hand over the photographs and he would provide her with her ticket home.
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Gda Garland said Kajuka claimed she lost her mobile phone and was unable to contact the Brazilian man in Dublin Airport to arrange a rendezvous. She had been wandering around on the landside of Dublin Airport having successfully passed through customs when she came to the attention of officers.
Gda Garland agreed with Fiona Murphy SC, defending, that it was “very bizarre set of circumstances” and her client was “hanging around the airport because she didn’t know what to do with herself”.
He accepted that she was “clearly disorientated” when she was discovered by officers in the airport and that she had been “used by others”.
Gda Garland told Judge Martin Nolan that he was satisfied that Kajuka was used as a courier and was unaware that there were drugs in the folders.
He said he came to that conclusion based on the fact that she had cleared customs and was free to leave to Dublin Airport but instead she remained in the building.
Kajuka, who is originally from Riga in Latvia, pleaded guilty at Dublin Circuit Criminal Court to possession of 2.6Kg of cocaine at Dublin Airport on July 13th, 2019. She has no previous convictions and had been remanded in custody since.
The drugs were discovered concealed between two photographs that had been laminated together back to back, and there were 75 sets of these paired photographs which were contained in two folders.
Judge Nolan sentenced Kajuka to four and half years in prison but suspended the balance on condition that she leave Ireland and return to Latvia within two weeks. He said she is not to be released from prison until she has firm arrangements to return to Latvia.
He said the very fair evidence of Gda Garland suggested that she displayed no knowledge of the fact that she had cocaine in her possession.
“He says very candidly that this woman didn’t know about the presence of the cocaine,” Judge Nolan said before he added that she unfortunately lost her phone and was “at a loss of what to do”.
He said she had “very apparent psychiatric problems” and noted that it would be best for her to return to Latvia to resume her treatment there.
“Her moral culpability is very low and some person took advantage of her, knowing her vulnerability,” Judge Nolan said before he added he thought it would “be unjust to continue to imprison her in Ireland”.
Ms Murphy handed in a report outlining her client’s serious mental health issues. She said her client wished to ret urn to Latvia and the defence team could arrange for her flight home.


theirishtimes--2020-01-28--Intellectually disabled man challenges marriage ban and court wardship

An intellectually disabled man prevented by court order from entering into a civil legal marriage has initiated a significant challenge aimed at having the High Court ’ s entire wardship jurisdiction struck down as unconstitutional .
The man , aged in his forties , objects to being taken into wardship and to the ban on his marriage .
He is challenging two Acts - the Lunacy Regulation ( Ireland Act 1871 ) , which regulates the High Court ’ s wardship procedure , and the Marriage of Lunatics Act 1811 , under which any marriage entered into by a ward @ @ @ @ @ @ @ is claimed both are unconstitutional and/or incompatible with the European Convention on Human Rights .
He also wants declarations aimed at securing commencement of provisions of the Assisted Decision Making ( Capacity ) Act 2015 , which provides for replacement of the existing wards of court system and introduction of a new system of supported decision-making .
The man ’ s siblings and a charity providing residential and other services for him support wardship for reasons including six medical reports have all found he lacks capacity to make decisions about managing himself and @ @ @ @ @ @ @ inheritance .
His intended bride , who has an intellectual disability but is high functioning and not subject of any court order , also claims the order banning their marriage last summer breaches her rights .
The two have been in a relationship for more than 15 years .
When the wardship matter was mentioned on Tuesday before High Court president Mr Justice Peter Kelly , who manages the wards of court list , he was asked by Frank Callanan SC , for the man , to adjourn the wardship hearing pending clarification @ @ @ @ @ @ @ Those issues include whether the State will effectively immunise the man from any legal costs orders should he lose the challenge .
Having heard the sides , the judge said he will rule next week whether to grant the adjournment or proceed with the wardship inquiry .
In seeking the adjournment , Mr Callanan , with Patricia Brazil BL , instructed by the Free Legal Advice Centres ( Flac ) , said the constitutional proceedings , initiated last month , oppose the man being taken into wardship , maintain he has a right @ @ @ @ @ @ @ Regulation ( Ireland ) Act 1871 and Marriage of Lunatics Act 1811 .
His side had sought an undertaking from the State not to seek costs if the man loses that case but the Chief State Solicitor had indicated the undertaking application was premature .
As a result , an application for a protective costs order has been returned to next month , counsel said .
That order was sought because of concerns the man lacked capacity to understand the costs consequences should he lose the case .
If the costs order was @ @ @ @ @ @ @ to proceed , he indicated .
Ciaran Craven SC , for the intended bride , said she has important constitutional rights affected by the marriage ban .
Because the man ’ s constitutional case may decide many of the issues , they would await the outcome of Mr Callanan ’ s adjournment application .
Felix McEnroy SC , for the charity , said four consultant psychiatrists and two consultant psychologists have all reported the man meets the criteria for wardship in that he lacks capacity to manage himself and his finances .
Rights @ @ @ @ @ @ @ ’ s circumstances and there is no dispute this man is a vulnerable adult with disabilities who requires a high degree of protection , he said .
If the constitutional challenge proceeds , it will take a long time and the man ’ s welfare should not sit in this “ litigation vacuum ” pending the outcome , he added .
The man ’ s sister said she has known him for some 40 years and , while Flac say they are representing him , they are in “ no way representing his @ @ @ @ @ @ @ conflict and needs the protection of the court .
In reply , Mr Callanan said the charity appeared to have arrogated to itself a “ remarkable ” role seeking to stop the man pursuing the legal action he has initiated and also appeared to be seeking to diminish the gravity of the issues raised .
His side have a doctor ’ s report concluding the man has capacity to marry but not to manage his personal property , counsel added .

An intellectually disabled man prevented by court order from entering into a civil legal marriage has initiated a significant challenge aimed at having the High Court’s entire wardship jurisdiction struck down as unconstitutional.
The man, aged in his forties, objects to being taken into wardship and to the ban on his marriage.
He is challenging two Acts - the Lunacy Regulation (Ireland Act 1871), which regulates the High Court’s wardship procedure, and the Marriage of Lunatics Act 1811, under which any marriage entered into by a ward of court is automatically void.
It is claimed both are unconstitutional and/or incompatible with the European Convention on Human Rights.
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He also wants declarations aimed at securing commencement of provisions of the Assisted Decision Making (Capacity) Act 2015, which provides for replacement of the existing wards of court system and introduction of a new system of supported decision-making.
The man’s siblings and a charity providing residential and other services for him support wardship for reasons including six medical reports have all found he lacks capacity to make decisions about managing himself and his finances, which include a substantial inheritance.
His intended bride, who has an intellectual disability but is high functioning and not subject of any court order, also claims the order banning their marriage last summer breaches her rights. The two have been in a relationship for more than 15 years.
When the wardship matter was mentioned on Tuesday before High Court president Mr Justice Peter Kelly, who manages the wards of court list, he was asked by Frank Callanan SC, for the man, to adjourn the wardship hearing pending clarification of issues concerning the constitutional challenge.
Those issues include whether the State will effectively immunise the man from any legal costs orders should he lose the challenge.
Having heard the sides, the judge said he will rule next week whether to grant the adjournment or proceed with the wardship inquiry.
In seeking the adjournment, Mr Callanan, with Patricia Brazil BL, instructed by the Free Legal Advice Centres (Flac), said the constitutional proceedings, initiated last month, oppose the man being taken into wardship, maintain he has a right to marry, and challenge the Lunacy Regulation (Ireland) Act 1871 and Marriage of Lunatics Act 1811.
His side had sought an undertaking from the State not to seek costs if the man loses that case but the Chief State Solicitor had indicated the undertaking application was premature.
As a result, an application for a protective costs order has been returned to next month, counsel said. That order was sought because of concerns the man lacked capacity to understand the costs consequences should he lose the case. If the costs order was refused, the constitutional case was unlikely to proceed, he indicated.
Ciaran Craven SC, for the intended bride, said she has important constitutional rights affected by the marriage ban. Because the man’s constitutional case may decide many of the issues, they would await the outcome of Mr Callanan’s adjournment application.
Felix McEnroy SC, for the charity, said four consultant psychiatrists and two consultant psychologists have all reported the man meets the criteria for wardship in that he lacks capacity to manage himself and his finances.
Rights depend on the reality of an individual’s circumstances and there is no dispute this man is a vulnerable adult with disabilities who requires a high degree of protection, he said.
If the constitutional challenge proceeds, it will take a long time and the man’s welfare should not sit in this “litigation vacuum” pending the outcome, he added.
The man’s sister said she has known him for some 40 years and, while Flac say they are representing him, they are in “no way representing his views”. She said he dislikes conflict and needs the protection of the court.
In reply, Mr Callanan said the charity appeared to have arrogated to itself a “remarkable” role seeking to stop the man pursuing the legal action he has initiated and also appeared to be seeking to diminish the gravity of the issues raised.
His side have a doctor’s report concluding the man has capacity to marry but not to manage his personal property, counsel added.


theirishtimes--2020-01-28--Up to 150,000 Irish blood pressure patients ‘may not need drugs’

Up to 150,000 Irish blood pressure patients may not need additional drug treatment despite new guidelines suggesting they do , according to new research .
The study by the National Institute for Prevention and Cardiovascular Health ( NIPC ) in Galway and the National University of Ireland Galway calls into question the validity of recent changes to treatment recommendations for up to a quarter of the 600,000 Irish people who are being treated for high blood pressure .
US and European guidelines for treating hypertension were recently changed in that high blood pressure was redefined as 130/80 , instead of @ @ @ @ @ @ @ a result , as many as 150,000 patients with a bottom blood pressure number of over 80 , but a normal top blood pressure number below 130 , are potentially at risk of being overtreated , according to the US-Irish research .
This is because the study found that this specific type of blood pressure pattern does not appear to be adversely affecting their health .
Blood pressure levels are denoted by two numbers , with the top number known as the systolic , and the bottom number as the diastolic reading .
@ @ @ @ @ @ @ the pressure is at its highest , ie when the heart muscle squeezes out the blood .
The bottom number is when the heart relaxes and allows the blood to flow back into the heart .
The study , published in the Journal of the American Medical Association , found the recommendation to lower the diastolic threshold for hypertension from 90 to 80 was based on expert opinion – a relatively weak type of evidence – not on results from clinical trials .
Prof J William McEvoy , medical and research director of @ @ @ @ @ @ @ them in the definition of high blood pressure , US and European guidelines both recommend the target of 130/80 be achieved for those receiving treatment to lower their blood pressure .
As a result , their doctors could be aiming to get the diastolic ( lower ) number to less than 80 despite the patient having a normal systolic ( top ) blood pressure of below 130 .
“ This is a concern , because our team found no adverse health outcomes from a diagnosis of isolated diastolic hypertension [ normal top number @ @ @ @ @ @ @ new guideline criteria are used .
“ The absence of negative health outcomes in this group challenges the need to intensify the blood pressure treatment of these adults with higher diastolic blood pressure .
Instead the main focus should be on getting the top number [ systolic blood pressure ] under control.
” High blood pressure , which usually has no symptoms , is regarded as a major risk factor for heart disease and stroke .

As many as 150,000 patients with a bottom blood pressure number of over 80, but a normal top blood pressure number below 130, are potentially at risk of being overtreated, according to research.
Up to 150,000 Irish blood pressure patients may not need additional drug treatment despite new guidelines suggesting they do, according to new research.
The study by the National Institute for Prevention and Cardiovascular Health (NIPC) in Galway and the National University of Ireland Galway calls into question the validity of recent changes to treatment recommendations for up to a quarter of the 600,000 Irish people who are being treated for high blood pressure.
US and European guidelines for treating hypertension were recently changed in that high blood pressure was redefined as 130/80, instead of the previous level of 140/90.
As a result, as many as 150,000 patients with a bottom blood pressure number of over 80, but a normal top blood pressure number below 130, are potentially at risk of being overtreated, according to the US-Irish research.
READ MORE
This is because the study found that this specific type of blood pressure pattern does not appear to be adversely affecting their health.
Blood pressure levels are denoted by two numbers, with the top number known as the systolic, and the bottom number as the diastolic reading. The top number records blood pressure when the pressure is at its highest, ie when the heart muscle squeezes out the blood. The bottom number is when the heart relaxes and allows the blood to flow back into the heart.
The study, published in the Journal of the American Medical Association, found the recommendation to lower the diastolic threshold for hypertension from 90 to 80 was based on expert opinion – a relatively weak type of evidence – not on results from clinical trials.
Target
Prof J William McEvoy, medical and research director of the NIPC, said despite differences between them in the definition of high blood pressure, US and European guidelines both recommend the target of 130/80 be achieved for those receiving treatment to lower their blood pressure.
As a result, their doctors could be aiming to get the diastolic (lower) number to less than 80 despite the patient having a normal systolic (top) blood pressure of below 130.
“This is a concern, because our team found no adverse health outcomes from a diagnosis of isolated diastolic hypertension [normal top number but higher bottom number] when the new guideline criteria are used.
“The absence of negative health outcomes in this group challenges the need to intensify the blood pressure treatment of these adults with higher diastolic blood pressure. Instead the main focus should be on getting the top number [systolic blood pressure] under control.”
High blood pressure, which usually has no symptoms, is regarded as a major risk factor for heart disease and stroke.


theirishtimes--2020-01-28--Det Adrian Donohoe killed in raid carried out for ‘base’ criminal motive of money

Detective Garda Adrian Donohoe was murdered as part of a sophisticated , well-planned robbery in Co Louth seven years ago , the trial of his alleged killer said .
Opening the trial of Aaron Brady at the Central Criminal Court on Tuesday morning , the prosecution said the veteran detective was “ blasted in the face ” by a shotgun at close range and was killed instantly during a robbery which lasted 58 seconds .
The raiders deliberately targeted the armed detectives during the robbery of cash from the Lordship Credit Union near Dundalk , the jury heard , as @ @ @ @ @ @ @ which would have required meticulous planning .
“ It was done for money , nothing else , ” prosecution counsel Brendan Grehan SC said .
“ There is no suggestion of connection to any kind of cause.
” Det Gda Donohoe never had a chance to draw his weapon and his colleague , Det Gda Joe Ryan was pinned in his seat by the raiders until they made their getaway , Mr Grehan said .
Mr Grehan said it is the prosecution ’ s case that Mr Brady was the man who shot @ @ @ @ @ @ @ seen in the area on the day of the robbery and was spotted on CCTV driving past the Credit Union in the preceding hours , counsel said .
His phone and those of his two friends , who can not be named by court order , were switched off before the raid and only switched on afterwards , Mr Grehan said .
The accused also lied to gardaí about his alibi the next day , the jury heard .
Counsel said there will be evidence to show Mr Brady had money worries in @ @ @ @ @ @ @ had indicated to others these worries would soon go away .
The jury will also hear evidence that he left for New York shortly after as the investigation “ ramped up ” .
While there , “ believing he was beyond the long reach of the law , ” Mr Brady had conversations “ of a certain nature with people , ” Mr Grehan said .
The jury will hear about these conversations .
Mr Brady ( 28 ) from New Road , Crossmaglen , Co Armagh has pleaded “ not guilty ” @ @ @ @ @ @ @ garda in the course of their duties- on January 25th , 2013 at Lordship Credit Union , Bellurgan , Co Louth .
He also denies robbing about €7,000 in cash and assorted cheques from Pat Bellew on the same date .
The jury heard the crime of capital murder as a distinct offence derives from the unique nature of the Garda ’ s job .
“ When we are in trouble we call them and we expect them to answer .
While others run from danger they will run towards it , ” @ @ @ @ @ @ @ “ have to give their lives for that value as they patrol that thin blue line that keeps us all safe ” and that the legislature introduced the offence of capital murder in recognition of this .
Det Gda Donohoe ( 41 ) was a married father of two and 18 year Garda veteran .
The location of his death in the Credit Union car park occurred just across the road from the national school attended by his two children , the court heard .
January 25th , 2013 was a cold , @ @ @ @ @ @ @ Det Gda Donohoe and Det Gda Ryan were assigned to escort the delivery of money from four Credit Unions in the Carlingford Peninsula to a bank in Dundalk .
In a “ tragic coincidence ” , one of the gardaí who escorted staff on the first leg of the journey was Tony Golden who was himself shot dead two years later in an unrelated incident , the jury heard .
The Lordship Credit Union was the last of four pickups that night .
When the detectives arrived staff member Pat Bellew came out @ @ @ @ @ @ @ with €7,000 .
As he was about the join the convey , a car appeared and blocked the entrance while four “ athletic , masked ” men jumped over a wall simultaneously .
“ Without hesitation ” two of the raiders , one armed with a shotgun and one with a handgun , went straight for the Garda car while ignoring the staff members ’ vehicles , counsel said .
Det Gda Donohoe was shot in the face from about a car-length away .
He died instantly .
The raiders then pointed their @ @ @ @ @ @ @ : “ I ’ ll f**king kill you .
Don ’ t move .
I ’ ll shoot ” .
Another unarmed raider smashed the window of Mr Bellew ’ s car and took the cash bag while a fourth raider robbed a female staff member of her handbag .
One witness noticed they were using walkie talkies .
The raiders never tried to rob staff member Mary Hanlon who was in her car with the majority of the takings , about €27,000 in cash and cheques .
The four men then fled @ @ @ @ @ @ @ by a fifth person .
The car , which had been stolen “ to order ” two days before in Clougherhead , was later found burnt out in South Armagh .
The specially enlarged jury of eight men and seven women are due to hear 16 weeks of evidence with the trial expected to conclude by late May .

Aaron Brady has pleaded not guilty to the murder of Det Garda Adrian Donohoe on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth. Photograph: Collins.
Detective Garda Adrian Donohoe was murdered as part of a sophisticated, well-planned robbery in Co Louth seven years ago, the trial of his alleged killer said.
Opening the trial of Aaron Brady at the Central Criminal Court on Tuesday morning, the prosecution said the veteran detective was "blasted in the face" by a shotgun at close range and was killed instantly during a robbery which lasted 58 seconds.
The raiders deliberately targeted the armed detectives during the robbery of cash from the Lordship Credit Union near Dundalk, the jury heard, as part of a "slick" operation which would have required meticulous planning.
Det Garda Adrian Donohoe, a married father-of-two, was killed while on duty. File photograph: Dara Mac Dónaill/The Irish Times.
“It was done for money, nothing else,” prosecution counsel Brendan Grehan SC said. “There is no suggestion of connection to any kind of cause.”
READ MORE
Det Gda Donohoe never had a chance to draw his weapon and his colleague, Det Gda Joe Ryan was pinned in his seat by the raiders until they made their getaway, Mr Grehan said.
Mr Grehan said it is the prosecution’s case that Mr Brady was the man who shot Det Gda Donohoe. The accused was seen in the area on the day of the robbery and was spotted on CCTV driving past the Credit Union in the preceding hours, counsel said.
His phone and those of his two friends, who cannot be named by court order, were switched off before the raid and only switched on afterwards, Mr Grehan said.
The accused also lied to gardaí about his alibi the next day, the jury heard. Counsel said there will be evidence to show Mr Brady had money worries in the lead up to the robbery and had indicated to others these worries would soon go away.
The jury will also hear evidence that he left for New York shortly after as the investigation “ramped up”. While there, “ believing he was beyond the long reach of the law,” Mr Brady had conversations “of a certain nature with people,” Mr Grehan said. The jury will hear about these conversations.
Mr Brady (28) from New Road, Crossmaglen, Co Armagh has pleaded “not guilty” to capital murder- the murder of a garda in the course of their duties- on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth .
He also denies robbing about €7,000 in cash and assorted cheques from Pat Bellew on the same date.
The jury heard the crime of capital murder as a distinct offence derives from the unique nature of the Garda’s job. “When we are in trouble we call them and we expect them to answer. While others run from danger they will run towards it,” Mr Grehan said
He said sometimes gardaí “have to give their lives for that value as they patrol that thin blue line that keeps us all safe” and that the legislature introduced the offence of capital murder in recognition of this.
Det Garda Adrian Donohoe, a married father-of-two, was killed while on duty. File photograph: Dara Mac Dónaill/The Irish Times.
Det Gda Donohoe (41) was a married father of two and 18 year Garda veteran. The location of his death in the Credit Union car park occurred just across the road from the national school attended by his two children, the court heard.
January 25th, 2013 was a cold, wet night, Mr Grehan said. Det Gda Donohoe and Det Gda Ryan were assigned to escort the delivery of money from four Credit Unions in the Carlingford Peninsula to a bank in Dundalk.
In a “tragic coincidence”, one of the gardaí who escorted staff on the first leg of the journey was Tony Golden who was himself shot dead two years later in an unrelated incident, the jury heard.
The Lordship Credit Union was the last of four pickups that night. When the detectives arrived staff member Pat Bellew came out of the building and entered his car with €7,000. As he was about the join the convey, a car appeared and blocked the entrance while four “athletic, masked” men jumped over a wall simultaneously.
“Without hesitation” two of the raiders, one armed with a shotgun and one with a handgun, went straight for the Garda car while ignoring the staff members’ vehicles, counsel said.
Det Gda Donohoe was shot in the face from about a car-length away. He died instantly.
The raiders then pointed their weapons at Det Gda Ryan and said: “I’ll f**king kill you. Don’t move. I’ll shoot”.
Another unarmed raider smashed the window of Mr Bellew’s car and took the cash bag while a fourth raider robbed a female staff member of her handbag. One witness noticed they were using walkie talkies.
The raiders never tried to rob staff member Mary Hanlon who was in her car with the majority of the takings, about €27,000 in cash and cheques.
The four men then fled in the waiting car which was driven by a fifth person. The car, which had been stolen “to order” two days before in Clougherhead, was later found burnt out in South Armagh.
The specially enlarged jury of eight men and seven women are due to hear 16 weeks of evidence with the trial expected to conclude by late May.


theirishtimes--2020-01-28--Claim withdrawn after court shown video of man walking without wheelchair

A man has withdrawn a motor insurance claim after a court hearing was shown video evidence of him walking around without the crutches or wheelchair he had used in pursuing his case .
Constantin Iosca ( 40 ) , Scholar ’ s Walk , Lusk , Co Dublin , sued the Motor Insurers Bureau of Ireland ( MIBI ) which compensates victims of uninsured and untraced drivers .
On Tuesday Mr Iosca withdrew the action in which he claimed his bicycle was in 2016 struck by a car which could not be traced .
It is understood he was seeking @ @ @ @ @ @ @ claimed to have suffered serious back pain after his bike was struck by the car .
On Friday , after the court was shown video footage of Mr Iosca shot by a security firm on behalf of the MIBI , Mr Justice Kevin Cross adjourned the case until Tuesday and said the parties might discuss the matter .
The video showed the plaintiff walking to a car , removing crutches from plastic wrapping and picking up a wheelchair before placing it in the boot .
Later arriving in Dublin city centre , he @ @ @ @ @ @ @ being pushed to a building where his medical appointment is taking place , according to a breakdown of his movements provided by the MIBI .
It also shows him using the crutches to climb the steps but sometime after the medical appointment he is recorded in another part of the city walking unaided .
Later returning home , Mr Iosca lifts the wheelchair and crutches out of the car and brings them into the house .
On Tuesday , counsel for Mr Iosca told the court his client was withdrawing the case .
@ @ @ @ @ @ @ were looking for their costs against Mr Iosca .
Mr Justice Cross noted the case had been withdrawn and he awarded costs to the MIBI against Mr Iosca .
Last week , Mr Iosca told the court he suffered serious back pain and considerable disruption to his life as a result of the being hit by a car while cycling at or near Skerries Road in Lusk on June 1st , 2016 .
The car was never traced , the court heard .
He said he was brought by ambulance to the emergency @ @ @ @ @ @ @ he was kept overnight for observation and discharged the following day on crutches .
In the video shown to court he was shown walking his dog and walking near his home in November 2018 .
In another video taken in January 2019 , he was being pushed in a wheelchair to an office in Dublin city centre and using two crutches to mount some steps into the office with assistance from others .
Later , that day he is shown in another part of the city walking with two others without crutches and @ @ @ @ @ @ @ MIBI denied his claim .
In a statement issued after the case was withdrawn , MIBI chief executive David Fitzgerald said : “ Thanks to a comprehensive investigation , we were able to provide evidence which strongly rebutted the claim being made .
“ Suspicious claims simply won ’ t be accepted by the MIBI .
We will put considerable resources into establishing if the evidence actually supports a claim we believe is questionable.
” Established in 1955 , the role of the MIBI is to compensate victims of road traffic accidents caused @ @ @ @ @ @ @ insurers underwriting motor insurance in Ireland are required to be members .
It is funded entirely by motor insurance companies , ultimately through the premiums paid by drivers .
Legal representatives for Mr Iosca did not respond to a request for comment .
– Additional reporting : court reporters

Screengrabs of video footage of Constantin Iosca shot by a security firm on behalf of the MIBI.
A man has withdrawn a motor insurance claim after a court hearing was shown video evidence of him walking around without the crutches or wheelchair he had used in pursuing his case.
Constantin Iosca (40), Scholar's Walk, Lusk, Co Dublin, sued the Motor Insurers Bureau of Ireland (MIBI) which compensates victims of uninsured and untraced drivers.
On Tuesday Mr Iosca withdrew the action in which he claimed his bicycle was in 2016 struck by a car which could not be traced. It is understood he was seeking more than €60,000 in damages. He claimed to have suffered serious back pain after his bike was struck by the car.
On Friday, after the court was shown video footage of Mr Iosca shot by a security firm on behalf of the MIBI, Mr Justice Kevin Cross adjourned the case until Tuesday and said the parties might discuss the matter.
READ MORE
The video showed the plaintiff walking to a car, removing crutches from plastic wrapping and picking up a wheelchair before placing it in the boot.
Later arriving in Dublin city centre, he is seen getting into the wheelchair and being pushed to a building where his medical appointment is taking place, according to a breakdown of his movements provided by the MIBI.
It also shows him using the crutches to climb the steps but sometime after the medical appointment he is recorded in another part of the city walking unaided.
Later returning home, Mr Iosca lifts the wheelchair and crutches out of the car and brings them into the house.
On Tuesday, counsel for Mr Iosca told the court his client was withdrawing the case.
Costs
Counsel for the MIBI said his side were looking for their costs against Mr Iosca.
Mr Justice Cross noted the case had been withdrawn and he awarded costs to the MIBI against Mr Iosca.
Last week, Mr Iosca told the court he suffered serious back pain and considerable disruption to his life as a result of the being hit by a car while cycling at or near Skerries Road in Lusk on June 1st, 2016. The car was never traced, the court heard.
He said he was brought by ambulance to the emergency department at Beaumont Hospital in Dublin where he was kept overnight for observation and discharged the following day on crutches.
In the video shown to court he was shown walking his dog and walking near his home in November 2018.
In another video taken in January 2019, he was being pushed in a wheelchair to an office in Dublin city centre and using two crutches to mount some steps into the office with assistance from others.
Later, that day he is shown in another part of the city walking with two others without crutches and also driving his car home. The MIBI denied his claim.
Comprehensive investigation
In a statement issued after the case was withdrawn, MIBI chief executive David Fitzgerald said: "Thanks to a comprehensive investigation, we were able to provide evidence which strongly rebutted the claim being made. "Suspicious claims simply won't be accepted by the MIBI. We will put considerable resources into establishing if the evidence actually supports a claim we believe is questionable."
Established in 1955, the role of the MIBI is to compensate victims of road traffic accidents caused by uninsured and unidentified vehicles. All insurers underwriting motor insurance in Ireland are required to be members.
It is funded entirely by motor insurance companies, ultimately through the premiums paid by drivers.
Legal representatives for Mr Iosca did not respond to a request for comment. – Additional reporting: court reporters


theirishtimes--2020-01-28--Coronavirus: Number of cases of infectious disease likely to rise further

The novel coronavirus , first identified in the central Chinese city of Wuhan , continues to spread rapidly .
But it is also emerging in other countries : in Europe , France and Germany have confirmed cases of the new infectious disease .
As the numbers climb , the possibility of a worldwide pandemic of 2019- NCoV ( the official name given to the new virus ) increases .
So what are the most recent developments ?
Latest figures show 4,515 confirmed cases of 2019- NCoV , of which some 976 are considered examples of severe infection .
So far @ @ @ @ @ @ @ result of infection with the new virus .
And there are almost 7,000 suspected cases , with some 48,000 people , who were in close contact with confirmed cases , being carefully monitored to see if they develop symptoms .
Common signs of infection with the new coronavirus infection include fever , cough , shortness of breath and breathing difficulties .
In more severe cases , infection can cause pneumonia and severe acute respiratory syndrome , at which point the patient requires intensive care .
But an interesting feature has already emerged : @ @ @ @ @ @ @ coronavirus is not affecting the upper respiratory tract .
In other words , those affected do not experience a runny , stuffed-up nose , runny eyes or a sore throat .
It looks as if the new microbe preferentially attacks the lower respiratory tract , so that cough , shortness of breath and difficulty breathing are the symptoms to look out for .
Coronaviruses in humans usually spread from an infected person through the air via coughing and sneezing , touching or shaking hands , touching a surface exposed to the virus and @ @ @ @ @ @ @ nose or mouth .
It is clear that 2019-NCoV can spread directly from person to person .
What remains open to confirmation is whether the new virus can spread during its incubation period – before the newly infected person develops any symptoms .
What isn ’ t in doubt is the significant jump in cases that has occurred in recent days .
In China , some 1,771 cases were added , while the number of deaths increased by 26 to 106 .
This trend is likely to continue in the short term .
@ @ @ @ @ @ @ is significant from a transmission perspective : the patient has no history of travel to China , but was in contact with a Chinese colleague in Germany .
It is the first case of transmission occurring on the European continent .
As you would expect with an emerging infectious disease a number of key questions remain to be answered : Will it be possible to largely contain the virus within China ?
That ’ s very difficult to answer at this point .
Some experts have expressed the view that the more we @ @ @ @ @ @ @ possibility that transmission will not be able to be controlled with public health measures .
Agencies such as our own Health Protection Surveillance Centre ( HPSC ) need to plan for the possibility that the virus won ’ t be geographically containable .
How long between when someone gets infected and when they develop symptoms ( the incubation period ) ?
Research published by scientists in China estimate the incubation period to be between four and five days .
And a paper published last Friday in The Lancet , estimated the incubation period @ @ @ @ @ @ @ to be three to six days .
This would explain why a number of travellers who have imported the virus into other countries only realised they were sick a day or two after getting to their destination .
How lethal is the new infection ?
Although the numbers are relatively small in statistical terms , it seems that 2019-NCoV could be causing serious illness in a significant number of those infected .
Figures from China suggest about 17 per cent of total cases were severely ill .
The death rate is running at @ @ @ @ @ @ @ too early to draw conclusions about the lethality of the virus .

The novel coronavirus, first identified in the central Chinese city of Wuhan, continues to spread rapidly. But it is also emerging in other countries: in Europe, France and Germany have confirmed cases of the new infectious disease.
As the numbers climb, the possibility of a worldwide pandemic of 2019- NCoV (the official name given to the new virus) increases. So what are the most recent developments?
Latest figures show 4,515 confirmed cases of 2019- NCoV, of which some 976 are considered examples of severe infection. So far, 106 people have died as a result of infection with the new virus. And there are almost 7,000 suspected cases, with some 48,000 people, who were in close contact with confirmed cases, being carefully monitored to see if they develop symptoms.
Common signs of infection with the new coronavirus infection include fever, cough, shortness of breath and breathing difficulties. In more severe cases, infection can cause pneumonia and severe acute respiratory syndrome, at which point the patient requires intensive care.
READ MORE
But an interesting feature has already emerged: unlike most viral infections, the new coronavirus is not affecting the upper respiratory tract. In other words, those affected do not experience a runny, stuffed-up nose, runny eyes or a sore throat.
It looks as if the new microbe preferentially attacks the lower respiratory tract, so that cough, shortness of breath and difficulty breathing are the symptoms to look out for.
Coronaviruses in humans usually spread from an infected person through the air via coughing and sneezing, touching or shaking hands, touching a surface exposed to the virus and then making contact with the eyes, nose or mouth.
It is clear that 2019-NCoV can spread directly from person to person. What remains open to confirmation is whether the new virus can spread during its incubation period – before the newly infected person develops any symptoms.
What isn't in doubt is the significant jump in cases that has occurred in recent days. In China, some 1,771 cases were added, while the number of deaths increased by 26 to 106. This trend is likely to continue in the short term.
And the first confirmed case in Germany is significant from a transmission perspective: the patient has no history of travel to China, but was in contact with a Chinese colleague in Germany. It is the first case of transmission occurring on the European continent.
As you would expect with an emerging infectious disease a number of key questions remain to be answered:
Will it be possible to largely contain the virus within China?
That’s very difficult to answer at this point. Some experts have expressed the view that the more we learn about 2019-NCoV, the greater the possibility that transmission will not be able to be controlled with public health measures. Agencies such as our own Health Protection Surveillance Centre (HPSC) need to plan for the possibility that the virus won’t be geographically containable.
How long between when someone gets infected and when they develop symptoms (the incubation period)?
Research published by scientists in China estimate the incubation period to be between four and five days. And a paper published last Friday in The Lancet, estimated the incubation period in a cluster of six family members to be three to six days. This would explain why a number of travellers who have imported the virus into other countries only realised they were sick a day or two after getting to their destination.
How lethal is the new infection?
Although the numbers are relatively small in statistical terms, it seems that 2019-NCoV could be causing serious illness in a significant number of those infected. Figures from China suggest about 17 per cent of total cases were severely ill. The death rate is running at 3 per cent. But it is too early to draw conclusions about the lethality of the virus.


theirishtimes--2020-01-28--Girl (9) seeking ‘utterly irreplaceable’ pig teddy lost at Dublin Airport

Her head and tail have been sewn on countless times , her eyes are chipped and her blue heart has been “ sewed on by Mum ” .
Theodora is a much-cuddled pig teddy , “ once pink but now grey with love ” , who was lost at Dublin Airport .
Last seen between T2 security in the airport on January 23rd and US preclearance , the “ utterly irreplaceable ” toy should have departed on a flight to Seattle last Thursday but is now “ missed by a distraught child ” , Imogen ( 9 ) .
“ @ @ @ @ @ @ @ your readers might be able to help , ” appealed Catherine Hargreaves on behalf of her granddaughter .
The family has posted social media appeals describing Theodora and detailing her last known movements .
Imogen ’ s mother Elizabeth Gardner said : “ She is a pig teddy with a star on her foot and a sewn on heart to cover a hole ( from being cuddled so much ) her tail shows signs of repeated sewing back on , and so does her head.
” “ She was wearing a Knitted bright @ @ @ @ @ @ @ owner .
She ’ s missed by a distraught child .
Utterly irreplaceable .
Please help , ” Ms Gardner added .
“ We went to the Loop , Burger King , Sunglasses Hut and WH Smith.
” A detailed and colourful photo-fit has been drawn by Imogen ’ s own hand .
It shows one of Theodora ’ s limbs has a “ tiny hole ” , described as almost invisible by the talented artist , and a “ little metal star on her foot ” .
She also has “ pink @ @ @ @ @ @ @ and a “ small mouth ” .
Her tail and head have been “ sewed on countless times ” , while her blue heart was “ sewed on by Mum ” .
WH Smith responded to Ms Gardner , saying : “ We are sorry to hear that Imogen has lost Theodora .
“ The only thing we can suggest is if you have lost any property at Dublin Airport , contact the Lost Property team ...
Fingers & toes crossed !
”

A detailed drawing of the missing pig teddy, Theodora, drawn by her ’distraught’ owner Imogen.
Her head and tail have been sewn on countless times, her eyes are chipped and her blue heart has been “sewed on by Mum”.
Theodora is a much-cuddled pig teddy, “once pink but now grey with love”, who was lost at Dublin Airport.
Last seen between T2 security in the airport on January 23rd and US preclearance, the "utterly irreplaceable" toy should have departed on a flight to Seattle last Thursday but is now "missed by a distraught child", Imogen (9).
"Theodora MUST be somewhere, so perhaps your readers might be able to help," appealed Catherine Hargreaves on behalf of her granddaughter.
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The family has posted social media appeals describing Theodora and detailing her last known movements. Imogen’s mother Elizabeth Gardner said: “She is a pig teddy with a star on her foot and a sewn on heart to cover a hole (from being cuddled so much) her tail shows signs of repeated sewing back on, and so does her head.”
“She was wearing a Knitted bright pink scarf, knitted by her young owner. She’s missed by a distraught child. Utterly irreplaceable. Please help,” Ms Gardner added.
"We went to the Loop, Burger King, Sunglasses Hut and WH Smith."
A detailed and colourful photo-fit has been drawn by Imogen’s own hand.
It shows one of Theodora’s limbs has a “tiny hole”, described as almost invisible by the talented artist, and a “little metal star on her foot”.
She also has “pink hooves”, “grey/pink fur” and a “small mouth”. Her tail and head have been “sewed on countless times”, while her blue heart was “sewed on by Mum”.
WH Smith responded to Ms Gardner, saying: “We are sorry to hear that Imogen has lost Theodora.
“The only thing we can suggest is if you have lost any property at Dublin Airport, contact the Lost Property team...Fingers & toes crossed!”


theirishtimes--2020-01-28--Rapist returned to prison after pleading guilty to burglary charges

A serial burglar who broke into a woman ’ s house and repeatedly raped her in 2011 has been returned to prison after breaching the terms of the suspended part of his sentence by committing more burglaries .
Gerard Kane ( 43 ) received a 12 year sentence with three final three years suspended in 2012 .
He was released from prison in August 2018 but committed two burglaries in January of last year .
He received a 3½ year sentence with the final year suspended for these burglaries in December .
Kane , formerly of Dominic Street , Dún @ @ @ @ @ @ @ at the Central Criminal Court to raping the woman at her home on June 17th , 2011 .
He was on bail at the time of the rape for breaking into the constituency office of the then Fianna Fáil TD Barry Andrews .
He had initially denied the rape charges and pleaded guilty following five days of a trial , during which the victim had already given her evidence and been cross-examined .
He was sentenced in November 2012 by Mr Justice Garrett Sheehan to 12 years with three suspended .
Kane last @ @ @ @ @ @ @ Laoghaire Further Education Institute , burglary at Silchester Crescent in Glenageary and handling stolen property on January 20th , 2019 .
Dealing with the suspended portion of the 2012 sentence , Mr Justice Michael White told the Central Criminal Court that Kane was released into the community “ fairly cold ” and had immediate issues with rough sleeping and addiction .
The judge activated two years of the three years of the suspended term but reduced that to activation of one year to give Kane credit for time he had spent in custody @ @ @ @ @ @ @ activated year will be consecutive to the sentence he is serving for the 2019 burglaries .
Patrick Reynolds BL , defending , had handed a psychiatric report into court to give a picture of his client ’ s mental health issues .
He said Kane had run into a number of difficulties on release in August 2018 including being homeless and unable to access a GP in relation to his medication .
He said Kane had no supports available to him , began self-medicating from the street and fell into the trap of @ @ @ @ @ @ @ he was in it was inevitable he was going to commit further offences , ” said Mr Reynolds .
He said Kane had also been attacked because of the nature of his offence .
At his sentence hearing on the rape charges in November 2011 , the court heard that the woman was alone in her apartment at 1.30am when she was awoken by Kane who broken into her home .
During the following three hours she was raped twice by Kane who threatened to bury the victim in the back garden and @ @ @ @ @ @ @ went to the gardaí .
As he was leaving he made her promise not to call the garda , gave her a hug and asked for her number so he could take her out to dinner .
In a victim impact report , the woman told the court that the week after the break-in was the worst of her life because she thought Kane might return and kill her “ like he said he would ” .
She said she became paranoid and anxious and was forced to take sleeping tablets .
Kane @ @ @ @ @ @ @ trial , Conor Devally SC , said his client had a chaotic upbringing and that his mother was an alcoholic .
Counsel said the attack was “ opportunistic ” and not pre-meditated .
He submitted that Kane was “ somewhat institutionalised from years in prison ” and that he had tried and failed to get treatment for his drug addiction .

A serial burglar who broke into a woman’s house and repeatedly raped her in 2011 has been returned to prison after breaching the terms of the suspended part of his sentence by committing more burglaries. Photograph: Matt Kavanagh/The Irish Times.
A serial burglar who broke into a woman’s house and repeatedly raped her in 2011 has been returned to prison after breaching the terms of the suspended part of his sentence by committing more burglaries.
Gerard Kane (43) received a 12 year sentence with three final three years suspended in 2012. He was released from prison in August 2018 but committed two burglaries in January of last year. He received a 3½ year sentence with the final year suspended for these burglaries in December.
Kane, formerly of Dominic Street, Dún Laoghaire, had pleaded guilty in 2012 at the Central Criminal Court to raping the woman at her home on June 17th, 2011. He was on bail at the time of the rape for breaking into the constituency office of the then Fianna Fáil TD Barry Andrews.
He had initially denied the rape charges and pleaded guilty following five days of a trial, during which the victim had already given her evidence and been cross-examined. He was sentenced in November 2012 by Mr Justice Garrett Sheehan to 12 years with three suspended.
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Kane last year pleaded guilty to burglary at Dún Laoghaire Further Education Institute, burglary at Silchester Crescent in Glenageary and handling stolen property on January 20th, 2019.
Issues
Dealing with the suspended portion of the 2012 sentence, Mr Justice Michael White told the Central Criminal Court that Kane was released into the community "fairly cold" and had immediate issues with rough sleeping and addiction.
The judge activated two years of the three years of the suspended term but reduced that to activation of one year to give Kane credit for time he had spent in custody on the Circuit Court charges. The activated year will be consecutive to the sentence he is serving for the 2019 burglaries.
Patrick Reynolds BL, defending, had handed a psychiatric report into court to give a picture of his client’s mental health issues. He said Kane had run into a number of difficulties on release in August 2018 including being homeless and unable to access a GP in relation to his medication.
He said Kane had no supports available to him, began self-medicating from the street and fell into the trap of offending again.
“In the situation he was in it was inevitable he was going to commit further offences,” said Mr Reynolds. He said Kane had also been attacked because of the nature of his offence.
At his sentence hearing on the rape charges in November 2011, the court heard that the woman was alone in her apartment at 1.30am when she was awoken by Kane who broken into her home.
Bury
During the following three hours she was raped twice by Kane who threatened to bury the victim in the back garden and said he would hang himself if she went to the gardaí.
As he was leaving he made her promise not to call the garda, gave her a hug and asked for her number so he could take her out to dinner.
In a victim impact report, the woman told the court that the week after the break-in was the worst of her life because she thought Kane might return and kill her “like he said he would”.
She said she became paranoid and anxious and was forced to take sleeping tablets.
Kane’s defence counsel in the rape trial, Conor Devally SC, said his client had a chaotic upbringing and that his mother was an alcoholic. Counsel said the attack was “opportunistic” and not pre-meditated. He submitted that Kane was “somewhat institutionalised from years in prison” and that he had tried and failed to get treatment for his drug addiction.


theirishtimes--2020-01-28--Hospital apologises as man settles case over leg amputation for €810,000

The Mater University Hospital , Dublin has apologised in the High Court for failings in the care and advice given to a man who later had to have his lower leg amputated .
Dr John O ’ Mahony SC , for Dermot Harty , told the court his client developed a serious thrombosis which lead to amputation of his left leg above the knee .
The hospital ’ s apology was read as Mr Harty , who was in court in a wheelchair , settled his action against the hospital for €810,000 .
Mater University Hospital chief executive Alan Sharp @ @ @ @ @ @ @ expressed “ sincere apologies ” for failings in the care and advice provided to Mr Harty and “ in respect of the consequential upset , distress and trauma experienced ” by him during his treatment at the hospital .
It added : “ I acknowledge the many challenges that you have faced as a result of the treatment provided to you during your stay in the Mater Hospital and I do not underestimate how difficult this has been for you and your family.
” Mr Harty ( 66 ) , of Ballygall Parade @ @ @ @ @ @ @ sued the hospital over his care after being referred for treatment in relation to leg cramping .
He had arterial bypass surgery on one of his legs on January 14th , 2016 and was discharged on January 25th , 2016 .
It was claimed there was failure to take appropriate action in a timely manner in response to a significant drop in his platelet count in a blood test prior to his discharge from hospital .
It was claimed a further blood sample should have been taken and appropriate treatment should have been @ @ @ @ @ @ @ It was claimed this was a missed opportunity to diagnose heparin induced thrombocytopenia and he was discharged from hospital and his condition deteriorated to the extent he eventually needed the above knee amputation in February 2016 .
Mr Harty had returned to the Mater A & E on January 29th , 2016 with a left leg ischaemia , was given heparin and had to have further surgery to remove clots .
On February 4th , 2016 a left above knee amputation was carried out .
Mr Harty had pain , phantom left leg @ @ @ @ @ @ @ , it was claimed .
Approving the settlement , Mr Justice Kevin Cross said he was glad the case had settled and he wished Mr Harty well for the future .

The Mater hospital’s apology was read as Mr Harty, who was in court in a wheelchair, settled his action against the hospital for €810,000. Photograph: Bryan O’Brien
The Mater University Hospital, Dublin has apologised in the High Court for failings in the care and advice given to a man who later had to have his lower leg amputated.
Dr John O’Mahony SC, for Dermot Harty, told the court his client developed a serious thrombosis which lead to amputation of his left leg above the knee.
The hospital’s apology was read as Mr Harty, who was in court in a wheelchair, settled his action against the hospital for €810,000.
Mater University Hospital chief executive Alan Sharp, on behalf of the hospital, expressed “sincere apologies” for failings in the care and advice provided to Mr Harty and “in respect of the consequential upset, distress and trauma experienced” by him during his treatment at the hospital.
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It added: "I acknowledge the many challenges that you have faced as a result of the treatment provided to you during your stay in the Mater Hospital and I do not underestimate how difficult this has been for you and your family."
Mr Harty (66), of Ballygall Parade, Finglas East, Dublin, had sued the hospital over his care after being referred for treatment in relation to leg cramping.
He had arterial bypass surgery on one of his legs on January 14th, 2016 and was discharged on January 25th, 2016. It was claimed there was failure to take appropriate action in a timely manner in response to a significant drop in his platelet count in a blood test prior to his discharge from hospital.
It was claimed a further blood sample should have been taken and appropriate treatment should have been provided for his low platelet count. It was claimed this was a missed opportunity to diagnose heparin induced thrombocytopenia and he was discharged from hospital and his condition deteriorated to the extent he eventually needed the above knee amputation in February 2016.
Mr Harty had returned to the Mater A&E on January 29th, 2016 with a left leg ischaemia, was given heparin and had to have further surgery to remove clots.
On February 4th, 2016 a left above knee amputation was carried out.
Mr Harty had pain, phantom left leg sensations and painful spasms after that procedure, it was claimed.
Approving the settlement, Mr Justice Kevin Cross said he was glad the case had settled and he wished Mr Harty well for the future.


theirishtimes--2020-01-28--Murder of Dublin mechanic unsolved 10 years after partial remains found

Gardaí have appealed for information on the murder of 26-year-old Dubliner Ken Fetherston 10 years after he was killed and his remains hidden in the Dublin Mountains .
Detectives believe the father of one was stabbed to death on September 22nd , 2009 .
Mr Fetherston ’ s partial remains were discovered on Military Road at the foot of the Dublin Mountains in Rathfarnham on January 31st , 2010 .
While a postmortem of on the remains that were discovered concluded he had been stabbed to death and a number of suspects were later arrested , no-one has ever been @ @ @ @ @ @ @ However , just days ahead of the 10-year anniversary of the dead man ’ s remains being found , the Garda and Crimestoppers agency have launched an appeal for information .
Supt Ian Lackey of Tallaght Garda station said though a decade had passed since the murder , the case could still be unlocked if people who had information came forward .
“ On the tenth anniversary of Kenneth ’ s murder , we are appealing for anyone who has even the smallest piece of information to come forward , ” he said @ @ @ @ @ @ @ any information that may seem insignificant to you may help with this investigation .
If a member of the public prefers to give the information without identifying themselves , they can call Crimestoppers on 1800 25 00 25.
” Mr Fetherston left his apartment in Tallaght at about 8.30am on September 22nd , 2009 .
When his family were unable to contact him later in the day and heard nothing from him they reported him missing .
He had last been seen at Landy ’ s Industrial Estate in nearby Knocklyon on the @ @ @ @ @ @ @ Mr Fetherston may have been killed when he sought the return of money he had given to somebody known to him .
After his partial remains were found and his assumed killing was confirmed , his family said he had received compensation following an accident and would lend money to people who needed it .
Mr Fetherston was not known to gardaí for any involvement in crime .
Detectives investigating the killing have pursued a definite line of inquiry but have never made a breakthrough , although several arrests have taken place .
@ @ @ @ @ @ @ Civic was found parked in a lay-by on the N11 between Arklow and Gorey , Co Wexford , four days after his disappearance .
His blood was found in and around the boot of the car , and his crutch , which he had been using following a foot injury , was missing .
Gardaí believe the car was abandoned between 11pm on Tuesday September 22nd and 10am on Wednesday September 23rd .
They believe whoever stabbed him to death then used his car to move his body to the Dublin Mountains before @ @ @ @ @ @ @ Gardaí were able to recover 35 to 40 per cent of Mr Fetherston ’ s remains after his skull was discovered by walkers on January 31st .
The recovery operation took three weeks .
The body was identified using dental records .
Mr Fetherston was stabbed multiple times , with injuries evident in the skull and the neck .
A murder inquiry was launched following the postmortem result and five people were arrested and released without charge .
A file was sent to the Director of Public Prosecutions who directed that there was @ @ @ @ @ @

Ken Fetherston’s partial remains were discovered on Military Road at the foot of the Dublin Mountains in Rathfarnham on January 31st, 2010. Photograph: Bryan O’Brien
Gardaí have appealed for information on the murder of 26-year-old Dubliner Ken Fetherston 10 years after he was killed and his remains hidden in the Dublin Mountains.
Detectives believe the father of one was stabbed to death on September 22nd, 2009.
Mr Fetherston's partial remains were discovered on Military Road at the foot of the Dublin Mountains in Rathfarnham on January 31st, 2010.
While a postmortem of on the remains that were discovered concluded he had been stabbed to death and a number of suspects were later arrested, no-one has ever been charged in connection with the killing.
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However, just days ahead of the 10-year anniversary of the dead man’s remains being found, the Garda and Crimestoppers agency have launched an appeal for information.
Supt Ian Lackey of Tallaght Garda station said though a decade had passed since the murder, the case could still be unlocked if people who had information came forward.
“On the tenth anniversary of Kenneth’s murder, we are appealing for anyone who has even the smallest piece of information to come forward,” he said.
“Although time has passed, any information that may seem insignificant to you may help with this investigation. If a member of the public prefers to give the information without identifying themselves, they can call Crimestoppers on 1800 25 00 25.”
Mr Fetherston left his apartment in Tallaght at about 8.30am on September 22nd, 2009. When his family were unable to contact him later in the day and heard nothing from him they reported him missing.
He had last been seen at Landy's Industrial Estate in nearby Knocklyon on the day he went missing.
Gardaí believe Mr Fetherston may have been killed when he sought the return of money he had given to somebody known to him. After his partial remains were found and his assumed killing was confirmed, his family said he had received compensation following an accident and would lend money to people who needed it.
Mr Fetherston was not known to gardaí for any involvement in crime. Detectives investigating the killing have pursued a definite line of inquiry but have never made a breakthrough, although several arrests have taken place.
The dead man's red Honda Civic was found parked in a lay-by on the N11 between Arklow and Gorey, Co Wexford, four days after his disappearance. His blood was found in and around the boot of the car, and his crutch, which he had been using following a foot injury, was missing.
Gardaí believe the car was abandoned between 11pm on Tuesday September 22nd and 10am on Wednesday September 23rd. They believe whoever stabbed him to death then used his car to move his body to the Dublin Mountains before dumping the car in Co Wexford.
Gardaí were able to recover 35 to 40 per cent of Mr Fetherston’s remains after his skull was discovered by walkers on January 31st. The recovery operation took three weeks. The body was identified using dental records.
Mr Fetherston was stabbed multiple times, with injuries evident in the skull and the neck.
A murder inquiry was launched following the postmortem result and five people were arrested and released without charge. A file was sent to the Director of Public Prosecutions who directed that there was insufficient evidence to press charges.