theirishtimes--2020-10-28--More support needed for Midlands move away from peat, says commissioner

There is an urgent need to change State aid rules to better support local authorities , businesses and communities in the Midlands moving away from reliance on peat production , according to Just Transition commissioner Kieran Mulvey .
There is no point is asking local communities to “ think big ” and then reject their ideas because of State aid or competition rules , he told the annual conference of the European network of advisory councils on environment and sustainable development , which is being hosted by the National Economic and Social Council ( NESC ) .
Mr Mulvey cited @ @ @ @ @ @ @ lack of multi-annual funding to provide ongoing support for projects , compounded by failure to recognise the world has changed dramatically in how best to provide assistance .
In that light , “ you have to have new ways of working and doing business ” , he added .
This was vital in the context of need for a just transition as the region moves out of peat , he noted .
The process , nonetheless , was already making progress , and in spite of Covid-19 .
The first tranche of €11 @ @ @ @ @ @ @ Bord na Móna and ESB workers , and communities , was already in place .
Separately , an allocation of €20 million from carbon tax has been granted to eight local authorities under the Midlands Retrofit Project to make homes energy-efficient and carbon-neutral .
The transition was strengthened by a “ whole of midlands approach ” , Mr Mulvey said , embracing enterprise , heritage , greenways/walkways and natural habitats including peatlands , forestry and waterways such as the river Shannon .
This was made possible by building on the resilience of communities @ @ @ @ @ @ @ , he said , reflected in private sector interest in developing a renewable energy hub in the region , and the possibility of using former power stations for research and development .
The ESB decision to continue its national apprenticeship scheme in the midlands would help ensure “ a big return in renewable energy ” , he predicted .
Restoring boglands would be a marvellous incentive for staycations while at the same time protecting biodiversity , Mr Mulvey believed .
Irish Rural Link chief executive Séamus Boland underlined the “ huge job-creation potential @ @ @ @ @ @ @ as it transitions away from peat .
On the ground , this would mean “ communities with people ” with a reasonable level of wellbeing and income – and a future while using local resources .
Restoring bogs and wetlands in the region was the right course , he added .
Just Transition Funds needed to support this process of bringing places back to life , though it was not a straightforward process .
Opening the conference , NESC ’ s Dr Larry O ’ Connell said “ the need to find ways @ @ @ @ @ @ @ equity and social inclusion , underlying just transition – and the hugely admirable though challenging idea of ‘ leaving nobody behind ’ – into concrete actions and processes ” was now critical .

Restoring boglands would be a marvellous incentive for staycations while at the same time protecting biodiversity, Mr Mulvey believed. Photograph: Dara Mac Dónaill
There is an urgent need to change State aid rules to better support local authorities, businesses and communities in the Midlands moving away from reliance on peat production, according to Just Transition commissioner Kieran Mulvey.
There is no point is asking local communities to “think big” and then reject their ideas because of State aid or competition rules, he told the annual conference of the European network of advisory councils on environment and sustainable development, which is being hosted by the National Economic and Social Council (NESC).
Mr Mulvey cited constraints on local authorities in particular and lack of multi-annual funding to provide ongoing support for projects, compounded by failure to recognise the world has changed dramatically in how best to provide assistance. In that light, “you have to have new ways of working and doing business”, he added.
This was vital in the context of need for a just transition as the region moves out of peat, he noted. The process, nonetheless, was already making progress, and in spite of Covid-19. The first tranche of €11 million in funding supporting 16 projects for Bord na Móna and ESB workers, and communities, was already in place.
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Separately, an allocation of €20 million from carbon tax has been granted to eight local authorities under the Midlands Retrofit Project to make homes energy-efficient and carbon-neutral.
Strengthened
The transition was strengthened by a “whole of midlands approach”, Mr Mulvey said, embracing enterprise, heritage, greenways/walkways and natural habitats including peatlands, forestry and waterways such as the river Shannon. This was made possible by building on the resilience of communities.
The level of engagement was enormous, he said, reflected in private sector interest in developing a renewable energy hub in the region, and the possibility of using former power stations for research and development. The ESB decision to continue its national apprenticeship scheme in the midlands would help ensure “a big return in renewable energy”, he predicted.
Restoring boglands would be a marvellous incentive for staycations while at the same time protecting biodiversity, Mr Mulvey believed.
Irish Rural Link chief executive Séamus Boland underlined the “huge job-creation potential” in many parts of the midlands as it transitions away from peat. On the ground, this would mean “communities with people” with a reasonable level of wellbeing and income – and a future while using local resources.
Restoring bogs and wetlands in the region was the right course, he added. Just Transition Funds needed to support this process of bringing places back to life, though it was not a straightforward process.
Opening the conference, NESC’s Dr Larry O’Connell said “the need to find ways to translate the principles, equality, equity and social inclusion, underlying just transition – and the hugely admirable though challenging idea of ‘leaving nobody behind’ – into concrete actions and processes” was now critical.


theirishtimes--2020-10-28--Cork shootings: Gardaí believe older son was shot multiple times

Gardaí investigating a suspected murder-suicide which claimed the lives of three members of the same family are satisfied following postmortem examinations that one of the three men was shot a number of times .
Assistant State Pathologist Dr Margot Bolster completed a postmortem on Wednesday afternoon on the remains of Mark O ’ Sullivan ( 26 ) , who was shot as he lay in bed at the family home at Assolas , Kanturk , near Castlemagner , at about 6.40am on Monday .
Gardaí are not releasing the results of Dr Bolster ’ s postmortem for operational reasons , @ @ @ @ @ @ @ Mark suffered a number of gunshot wounds when he was shot at by one or possibly two attackers from the doorway into his bedroom .
His father , Tadhg O ’ Sullivan ( 59 ) , and his brother , Diarmuid ( 23 ) , were found dead with single gunshot wounds to the head some four fields away from the isolated farmhouse more than five hours later by gardaí , in what investigating officers believe was a suicide pact between the two men .
However , Garda sources say that they will @ @ @ @ @ @ @ they receive a report from Garda technical experts on two .22 rifles , found beside Tadhg and Diarmuid O ’ Sullivan in the field , whether one or both men were involved in the killing of Mark O ’ Sullivan .
They hope that technical experts will be able to identify who used which rifle from the fingerprints and DNA evidence found on the guns , and that ballistics experts will be able to say which bullets recovered from Mark O ’ Sullivan ’ s body came from which gun or guns .
@ @ @ @ @ @ @ be a number of weeks before these forensic and ballistics reports are available to indicate who exactly was responsible for the killing of Mark O ’ Sullivan in his bedroom in the traditional cottage farmhouse some 7km from Kanturk .
Gardaí have spoken informally to Tadhg O ’ Sullivan ’ s wife Ann O ’ Sullivan , but they are waiting until she feels ready to make a formal and detailed statement about the incident that claimed the lives of her husband and two sons .
Gardaí are continuing to examine the O @ @ @ @ @ @ @ understood they found correspondence from solicitors in the house which confirms reports that Ms O ’ Sullivan ’ s intention to make a will leaving at least some of the farm to Mark angered her husband and younger son Diarmuid .
According to informed sources , solicitors ’ letters were exchanged as far back as last February and it is believed the relationship between Ms O ’ Sullivan and her older son Mark , and her husband and Diarmuid had deteriorated since then .
Ms O ’ Sullivan only returned to the family @ @ @ @ @ @ @ staying with relatives locally in Castlemagner for a fortnight following her discharge from hospital in Dublin after surgery for a serious medical condition .
The remains of all three O ’ Sullivan men were released by gardaí following the completion of postmortems , and funeral arrangements are currently being finalised , with burials expected later this week .
If you are affected by any of these issues , please contact Pieta House on 1800-247247 or the Samaritans by telephoning 116123 for free , or by emailing jo @ samaritans.ie

Gardaí at the scene in Assolas, Kanturk, northeast Co Cork, where the bodies of Tadgh O’Sullivan and his two sons Diarmuid and Mark were found on Monday. Photograph: Niall Carson/PA Wire
Gardaí investigating a suspected murder-suicide which claimed the lives of three members of the same family are satisfied following postmortem examinations that one of the three men was shot a number of times.
Assistant State Pathologist Dr Margot Bolster completed a postmortem on Wednesday afternoon on the remains of Mark O'Sullivan (26), who was shot as he lay in bed at the family home at Assolas, Kanturk, near Castlemagner, at about 6.40am on Monday.
Gardaí are not releasing the results of Dr Bolster’s postmortem for operational reasons, but it is understood they are satisfied Mark suffered a number of gunshot wounds when he was shot at by one or possibly two attackers from the doorway into his bedroom.
His father, Tadhg O’Sullivan (59), and his brother, Diarmuid (23), were found dead with single gunshot wounds to the head some four fields away from the isolated farmhouse more than five hours later by gardaí, in what investigating officers believe was a suicide pact between the two men.
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However, Garda sources say that they will not be able to say definitively until they receive a report from Garda technical experts on two .22 rifles, found beside Tadhg and Diarmuid O’Sullivan in the field, whether one or both men were involved in the killing of Mark O’Sullivan.
They hope that technical experts will be able to identify who used which rifle from the fingerprints and DNA evidence found on the guns, and that ballistics experts will be able to say which bullets recovered from Mark O’Sullivan’s body came from which gun or guns.
According to Garda sources, it may be a number of weeks before these forensic and ballistics reports are available to indicate who exactly was responsible for the killing of Mark O’Sullivan in his bedroom in the traditional cottage farmhouse some 7km from Kanturk.
Gardaí have spoken informally to Tadhg O’Sullivan’s wife Ann O’Sullivan, but they are waiting until she feels ready to make a formal and detailed statement about the incident that claimed the lives of her husband and two sons.
Solicitors’ letters
Gardaí are continuing to examine the O’Sullivans’ farmhouse and it is understood they found correspondence from solicitors in the house which confirms reports that Ms O’Sullivan’s intention to make a will leaving at least some of the farm to Mark angered her husband and younger son Diarmuid.
According to informed sources, solicitors’ letters were exchanged as far back as last February and it is believed the relationship between Ms O’Sullivan and her older son Mark, and her husband and Diarmuid had deteriorated since then.
Ms O’Sullivan only returned to the family home on Sunday evening with Mark after staying with relatives locally in Castlemagner for a fortnight following her discharge from hospital in Dublin after surgery for a serious medical condition.
The remains of all three O’Sullivan men were released by gardaí following the completion of postmortems, and funeral arrangements are currently being finalised, with burials expected later this week.
If you are affected by any of these issues, please contact Pieta House on 1800-247247 or the Samaritans by telephoning 116123 for free, or by emailing jo@samaritans.ie


Q&A: CervicalCheck Tribunal

Q : What is happening with the CervicalCheck Tribunal ?
A : At a Cabinet meeting on Tuesday , October 20th , Minister for Health Stephen Donnelly told his ministerial colleagues that he intended to appoint Tuesday , October 27th 2020 , as the establishment day of the CervicalCheck Tribunal .
Campaigner Vicky Phelan , whose court case exposed the controversy two years ago , said the 221 Plus support group were told about the plans at the same time as the announcement was made publicly .
This was despite the fact , she said , that the group had @ @ @ @ @ @ @ the announcement about how the tribunal would operate .
Ms Phelan said those concerns were not properly addressed .
Q : What are some of the main issues being raised by Ms Phelan and the 221 Plus group ?
A : Firstly , the group wanted to find a “ non-adversarial route ” for the tribunal which would not oblige women to have to fight the labs .
The campaigners point towards a Supreme Court case which found that the HSE was primarily responsible for the cervical screening programme and , consequently , @ @ @ @ @ @ @ to sue both the HSE and laboratories .
Q : That seems straightforward , so why would that be an issue ?
A : The Government ’ s position is that it will be possible for the HSE and the State to be the defendant but the laboratories may need to be present as a third party .
Tánaiste Leo Varadkar said this may be necessary because third parties have indemnified the State and will have to “ pick up the tab for any compensation ” .
He said that if labs were @ @ @ @ @ @ @ may in turn have to sue the laboratories , resulting in a second trial and second court hearing .
The involvement of the labs is not acceptable to the 221 Plus group who continue to ask for a non-adversarial route for the women affected .
Q : What are the other concerns being raised ?
A : The group has also asked that applicants to the tribunal who receive an award be allowed to return to the tribunal should they suffer a recurrence of their cancer .
“ When it comes back , @ @ @ @ @ @ @ like Ruth [ Morrissey ] , like Emma Mhic Mhathúna , like me , you are going to die , there ’ s no cure for this , ” Ms Phelan said recently , pointing out that this was an issue raised by the group at the start of the process .
The 221 Plus group also has concerns about the statute of limitations and says a large group of women may not be in a position to partake in the tribunal because of how long they had to wait for it to @ @ @ @ @ @ @ , the group asked the Minister for Health to reconsider his plans to launch the tribunal on Tuesday the 27th .
They warned that if everything went ahead as planned , women could decide not to take part .
Q : How did the Government handle this request ?
A : The Minister and his officials spent last weekend and the early part of the week holding talks with the campaigners in an attempt to work through the issues and find solutions .
The meetings were described as positive and constructive , but @ @ @ @ @ @ @ and agreement had not yet been reached .
On Monday , a number of changes to the process were proposed to the group .
The group asked for time to consider the proposals and a decision was made to “ pause the establishment of the tribunal for a number of days which allows some space for 221 members to consider the changes proposed ” .
Q : So is the tribunal paused or not ?
And what happens now ?
Although the support group were told that the tribunal ’ s work would @ @ @ @ @ @ @ evening that the order establishing the tribunal had , in fact , already been signed by the Minister on Friday 23rd and that this could not be reversed .
This means that , formally , the date of October 27th stands as the first day of the tribunal .
This matters because there is a nine-month period for making claims and it runs from that date .
Ms Phelan said the group felt “ betrayed ” by the development and said the Minister should not have signed the order .
A spokeswoman for @ @ @ @ @ @ @ the length of the tribunal to cover any time lost in that nine-month claims period .
The spokeswoman also said all further actions in terms of establishing the tribunal , including the appointment of the chairperson and members , have been paused as agreed .
Q : What happens next ?
A : The support group has said that it is up to the Minister and Government to address fully the concerns raised by the affected women and their families .
Contact between all sides will continue but , as of yet , @ @ @ @ @ @ @

Q: What is happening with the CervicalCheck Tribunal?
A: At a Cabinet meeting on Tuesday, October 20th, Minister for Health Stephen Donnelly told his ministerial colleagues that he intended to appoint Tuesday, October 27th 2020, as the establishment day of the CervicalCheck Tribunal. Campaigner Vicky Phelan, whose court case exposed the controversy two years ago, said the 221 Plus support group were told about the plans at the same time as the announcement was made publicly. This was despite the fact, she said, that the group had raised significant concerns in the weeks preceding the announcement about how the tribunal would operate. Ms Phelan said those concerns were not properly addressed.
Q: What are some of the main issues being raised by Ms Phelan and the 221 Plus group?
A: Firstly, the group wanted to find a "non-adversarial route" for the tribunal which would not oblige women to have to fight the labs. The campaigners point towards a Supreme Court case which found that the HSE was primarily responsible for the cervical screening programme and, consequently, it was no longer necessary for women to sue both the HSE and laboratories.
Q: That seems straightforward, so why would that be an issue?
A: The Government's position is that it will be possible for the HSE and the State to be the defendant but the laboratories may need to be present as a third party. Tánaiste Leo Varadkar said this may be necessary because third parties have indemnified the State and will have to "pick up the tab for any compensation".
He said that if labs were excluded from the process, the State may in turn have to sue the laboratories, resulting in a second trial and second court hearing. The involvement of the labs is not acceptable to the 221 Plus group who continue to ask for a non-adversarial route for the women affected.
READ MORE
Q: What are the other concerns being raised?
A: The group has also asked that applicants to the tribunal who receive an award be allowed to return to the tribunal should they suffer a recurrence of their cancer. "When it comes back, you're going to end up like Ruth [Morrissey], like Emma Mhic Mhathúna, like me, you are going to die, there's no cure for this," Ms Phelan said recently, pointing out that this was an issue raised by the group at the start of the process.
The 221 Plus group also has concerns about the statute of limitations and says a large group of women may not be in a position to partake in the tribunal because of how long they had to wait for it to be set up. Given these concerns, the group asked the Minister for Health to reconsider his plans to launch the tribunal on Tuesday the 27th. They warned that if everything went ahead as planned, women could decide not to take part.
Q: How did the Government handle this request?
A: The Minister and his officials spent last weekend and the early part of the week holding talks with the campaigners in an attempt to work through the issues and find solutions. The meetings were described as positive and constructive, but the Tuesday start date was drawing closer and agreement had not yet been reached.
On Monday, a number of changes to the process were proposed to the group. The group asked for time to consider the proposals and a decision was made to “pause the establishment of the tribunal for a number of days which allows some space for 221 members to consider the changes proposed”.
Q: So is the tribunal paused or not? And what happens now?
Although the support group were told that the tribunal's work would be paused, it emerged on Tuesday evening that the order establishing the tribunal had, in fact, already been signed by the Minister on Friday 23rd and that this could not be reversed. This means that, formally, the date of October 27th stands as the first day of the tribunal. This matters because there is a nine-month period for making claims and it runs from that date.
Ms Phelan said the group felt “betrayed” by the development and said the Minister should not have signed the order. A spokeswoman for Mr Donnelly said the Government would extend the length of the tribunal to cover any time lost in that nine-month claims period. The spokeswoman also said all further actions in terms of establishing the tribunal, including the appointment of the chairperson and members, have been paused as agreed.
Q: What happens next?
A: The support group has said that it is up to the Minister and Government to address fully the concerns raised by the affected women and their families. Contact between all sides will continue but, as of yet, there has not been a resolution.


theirishtimes--2020-10-28--Rape victims will be treated with ‘dignity, respect and support’, says McEntee

Rape victims will be treated with “ dignity , respect and support ” while perpetrators will be reported , charged and punished , Minister for Justice Helen McEntee has said .
The publication of the Department of Justice ’ s strategy , Supporting A Victim ’ s Journey , was described on Wednesday as a “ sea change ” in the State ’ s response to sexual violence .
Speaking at the launch of the report , Ms McEntee said it was “ simply not good enough ” that less than 10 per cent of victims reported sexual assault or @ @ @ @ @ @ @ the 86-page strategy , she said , was “ very much on the victim and examining how we can ensure a victim feels empowered to come forward first and foremost .
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that they feel supported .
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that they have trust in the system itself and also those who work within the system .
“ By doing all this we are sending a very clear message to perpetrators of this crime , ‘ You will be reported , you will be charged and you will face repercussions ’ .
” @ @ @ @ @ @ @ of barrister and legal academic Tom O ’ Malley SC in his review , published in August and compiled in the wake of the 2018 Belfast rugby rape trial .
Among the measures already under way is specialist training for judges , lawyers , solicitors , gardaí and all public servants likely to engage with rape or sexual assault victims .
This will include education on consent and on the enduring impact of sexual violence on a victim .
Legislation will be brought forward by the end of the year to provide for @ @ @ @ @ @ @ prosecution or defence intend to bring to trial will be examined .
This could include the victim ’ s past sexual history or demeanour at the time of the crime .
In such instances the victim will be entitled to legal representation , including at trial , on this issue .
Ms McEntee said what a victim wears or where they were at the time of the crime should have “ no bearing ” on the question of a sexual assault .
“ We do have very strict laws around that and obviously @ @ @ @ @ @ @ it does have to fit to very strict criteria .
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If this is an area that the defence is going to raise [ we will ensure ] there would be separate legal representation for the witness .
“ What I can not do is dictate what a judge may or may not accept , what a prosecution or defence may put forward .
But what we can do is , where it is allowed , is ensure the victim is supported at every step along the way.
” Groups working with @ @ @ @ @ @ @ , though warned it was “ not a panacea ” .
Caitríona Gleeson , programme manager and spokeswoman for Safe Ireland , which represents 39 domestic violence services , said the victim-centred underpinning was a “ sea change in statutory and court responses to the experiences that countless victims may have had over the years ” .
Noeline Blackwell , chief executive of the Dublin Rape Crisis Centre , said the reforms “ must happen swiftly ” and welcomed the fact the Minister would chair the strategy ’ s implementation .
“ The @ @ @ @ @ @ @ Implementation is key.
” Commitments that should be start immediately included specialist training for legal professionals , provision for a court accompaniment service for victims , and , free legal advice to all victim regardless of whether a prosecution is taking place .

Rape victims will be treated with “dignity, respect and support” while perpetrators will be reported, charged and punished, Minister for Justice Helen McEntee has said.
The publication of the Department of Justice’s strategy, Supporting A Victim’s Journey, was described on Wednesday as a “sea change” in the State’s response to sexual violence.
Speaking at the launch of the report, Ms McEntee said it was “simply not good enough” that less than 10 per cent of victims reported sexual assault or rape to gardaí.
The focus of the 86-page strategy, she said, was “very much on the victim and examining how we can ensure a victim feels empowered to come forward first and foremost . . . that they feel supported . . . that they have trust in the system itself and also those who work within the system.
READ MORE
Clear message
“By doing all this we are sending a very clear message to perpetrators of this crime, ‘You will be reported, you will be charged and you will face repercussions’.”
The strategy accepts all of the recommendations of barrister and legal academic Tom O’Malley SC in his review, published in August and compiled in the wake of the 2018 Belfast rugby rape trial.
Among the measures already under way is specialist training for judges, lawyers, solicitors, gardaí and all public servants likely to engage with rape or sexual assault victims. This will include education on consent and on the enduring impact of sexual violence on a victim.
Legislation will be brought forward by the end of the year to provide for pre-trial hearings, during which all matters prosecution or defence intend to bring to trial will be examined. This could include the victim’s past sexual history or demeanour at the time of the crime. In such instances the victim will be entitled to legal representation, including at trial, on this issue.
Ms McEntee said what a victim wears or where they were at the time of the crime should have “no bearing” on the question of a sexual assault.
“We do have very strict laws around that and obviously if there is any kind of questioning it does have to fit to very strict criteria . . . If this is an area that the defence is going to raise [we will ensure] there would be separate legal representation for the witness.
“What I cannot do is dictate what a judge may or may not accept, what a prosecution or defence may put forward. But what we can do is, where it is allowed, is ensure the victim is supported at every step along the way.”
Implementation
Groups working with victims and survivors broadly welcomed the strategy, though warned it was “not a panacea”.
Caitríona Gleeson, programme manager and spokeswoman for Safe Ireland, which represents 39 domestic violence services, said the victim-centred underpinning was a "sea change in statutory and court responses to the experiences that countless victims may have had over the years".
Noeline Blackwell, chief executive of the Dublin Rape Crisis Centre, said the reforms "must happen swiftly" and welcomed the fact the Minister would chair the strategy's implementation.
“The plan is itself not a panacea. Implementation is key.” Commitments that should be start immediately included specialist training for legal professionals, provision for a court accompaniment service for victims, and, free legal advice to all victim regardless of whether a prosecution is taking place.
Rape Crisis National Helpline: 1800 77 8888
Women's Aid: 1800 341 900
Emergency: 999/112


theirishtimes--2020-10-28--Man jailed for role in ‘horrendous’ arson attack that left victim without ears

A man has been jailed for his role in a “ horrendous ” arson attack on a low-level drug dealer which left the victim so badly burned that he no longer has ears .
Ciarán Murphy ( 29 ) was stabbed 16 times in his Co Offaly home and set on fire after his ex-girlfriend spread a false rumour that he was a Garda informant .
He was found in a dog cage in his home by a passerby who noticed his cottage was in flames .
He was left with life-threatening injuries after he suffered 96 per cent burns @ @ @ @ @ @ @ wounds , including into his heart cavity .
He continues to suffer bleeding from some of the wounds that cover his body and his home was “ completely destroyed ” in the fire , Dublin Circuit Criminal Court heard .
In a victim impact statement he said the attack destroyed his life and that he sometimes wishes he had not survived .
He said he wonders if the mental scarring is worse than the physical scarring .
David Keena ( 21 ) was 17 when he went with an older co-accused , who @ @ @ @ @ @ @ arrest , to Mr Murphy ’ s house .
He was present when the other man allegedly stabbed the victim and poured petrol over him , the court heard .
Keena , of Carrig Mor , Ballynacargy , Mullingar , Co Westmeath , pleaded guilty to assault causing serious harm and criminal damage by way of arson at Mr Murphy ’ s home at Coolcor , Rhode , Co Offaly , on September 7th , 2015 .
Describing his culpability as lower than that alleged of his co-accused , Judge Karen O ’ @ @ @ @ @ @ @ of 6½ years with the final 18 months suspended .
She said Keena had had no other convictions at the time , but noted he is serving a partially suspended six-year prison sentence , imposed in July 2019 at Mullingar Circuit Criminal Court for a drug-dealing offence .
The sentence imposed by Ms Justice O ’ Connor on Wednesday will run consecutive to the 2019 sentence .
Anne Rowland SC , defending , had said her client was accepting responsibility on the basis that he aided and abetted the other accused .
Det @ @ @ @ @ @ @ BL , prosecuting , that Mr Murphy ’ s former girlfriend was high on drugs when she said the victim was a Garda informant .
Det Sgt Lyng confirmed there was no truth at all to this claim , but said the woman was concerned that Mr Murphy was in danger of being attacked and believed that by spreading this rumour she was protecting him .
She said that Mr Murphy was known to local gardaí at the time as a low-level drug dealer .
Ms Justice O ’ Connor said Keena involved @ @ @ @ @ @ @ in question and noted the attack was premeditated .
She said the subsequent medical reports made for horrific reading .
She said the attack had a “ murky and unsavoury background ” involving drug dealing in the area .
She said it was impossible to imagine the terror of the attack .
The judge said that the mitigating factors were that at the time Keena was very young and had no previous convictions .
She said he was abusing drugs at the time and on the night of the attack he was out @ @ @ @ @ @ @ a cocktail of cocaine and vodka .
In the victim impact statement Mr Murphy stated that he was viciously attacked that night and left to die alone .
He said he had at one stage during his medical treatment been given a 1 per cent chance of survival .
He said there were times he wished he had not survived .
He said he is “ consumed ” with fear , anxiety , and panic attacks and his sleep pattern has never recovered .
Mr Murphy said he is in constant pain and @ @ @ @ @ @ @ lost his hair and both ears and wears beanie hats 24/7 to protect himself from “ public stares ” and from his own reflection .
He said he will never now be able to afford his own home or car because he is unemployable and described how his relationship with his young son has suffered .
“ It breaks my heart that I will never be able to play football , hurling or swim with him , ” Mr Murphy said .
He said the attack will “ forever be etched in my @ @ @

A man has been jailed at Dublin Circuit Criminal Court for his role in a ‘horrendous’ arson attack. File photograph: Matt Kavanagh
A man has been jailed for his role in a “horrendous” arson attack on a low-level drug dealer which left the victim so badly burned that he no longer has ears.
Ciarán Murphy (29) was stabbed 16 times in his Co Offaly home and set on fire after his ex-girlfriend spread a false rumour that he was a Garda informant.
He was found in a dog cage in his home by a passerby who noticed his cottage was in flames. He was left with life-threatening injuries after he suffered 96 per cent burns from his neck down and multiple stab wounds, including into his heart cavity.
He continues to suffer bleeding from some of the wounds that cover his body and his home was “completely destroyed” in the fire, Dublin Circuit Criminal Court heard.
READ MORE
In a victim impact statement he said the attack destroyed his life and that he sometimes wishes he had not survived. He said he wonders if the mental scarring is worse than the physical scarring.
David Keena (21) was 17 when he went with an older co-accused, who has an outstanding warrant out for his arrest, to Mr Murphy's house. He was present when the other man allegedly stabbed the victim and poured petrol over him, the court heard.
Keena, of Carrig Mor, Ballynacargy, Mullingar, Co Westmeath, pleaded guilty to assault causing serious harm and criminal damage by way of arson at Mr Murphy's home at Coolcor, Rhode, Co Offaly, on September 7th, 2015.
Describing his culpability as lower than that alleged of his co-accused, Judge Karen O’Connor sentenced Keena to a prison term of 6½ years with the final 18 months suspended.
She said Keena had had no other convictions at the time, but noted he is serving a partially suspended six-year prison sentence, imposed in July 2019 at Mullingar Circuit Criminal Court for a drug-dealing offence.
The sentence imposed by Ms Justice O’Connor on Wednesday will run consecutive to the 2019 sentence.
‘Accepting responsibility’
Anne Rowland SC, defending, had said her client was accepting responsibility on the basis that he aided and abetted the other accused.
Det Sgt Caroline Lyng had told Garrett McCormack BL, prosecuting, that Mr Murphy’s former girlfriend was high on drugs when she said the victim was a Garda informant.
Det Sgt Lyng confirmed there was no truth at all to this claim, but said the woman was concerned that Mr Murphy was in danger of being attacked and believed that by spreading this rumour she was protecting him.
She said that Mr Murphy was known to local gardaí at the time as a low-level drug dealer.
Ms Justice O’Connor said Keena involved himself in horrendous behaviour on the night in question and noted the attack was premeditated. She said the subsequent medical reports made for horrific reading.
She said the attack had a “murky and unsavoury background” involving drug dealing in the area. She said it was impossible to imagine the terror of the attack.
The judge said that the mitigating factors were that at the time Keena was very young and had no previous convictions. She said he was abusing drugs at the time and on the night of the attack he was out celebrating his 17th birthday and was on a cocktail of cocaine and vodka.
In the victim impact statement Mr Murphy stated that he was viciously attacked that night and left to die alone. He said he had at one stage during his medical treatment been given a 1 per cent chance of survival.
He said there were times he wished he had not survived. He said he is “consumed” with fear, anxiety, and panic attacks and his sleep pattern has never recovered.
Mr Murphy said he is in constant pain and was left with mental scarring. He lost his hair and both ears and wears beanie hats 24/7 to protect himself from “public stares” and from his own reflection. He said he will never now be able to afford his own home or car because he is unemployable and described how his relationship with his young son has suffered.
“It breaks my heart that I will never be able to play football, hurling or swim with him,” Mr Murphy said. He said the attack will “forever be etched in my mind”.


theirishtimes--2020-10-28--Climate advisory body risks being overloaded by proposed Bill

The work of a revamped Climate Change Advisory Council ( CCAC ) risks being overloaded by requirements in proposed new legislation , which could see it embroiled in judicial reviews and distract from its central role in setting carbon budgets .
That was the warning from current CCAC chairman Prof John FitzGerald , who said the Climate Action and Low Carbon Development ( Amendment ) Bill as drafted was cumbersome , and would undermine its operation and efforts to achieve the national target of carbon neutrality by 2050 .
“ The legislation should not be over-prescriptive on additional functions for @ @ @ @ @ @ @ from or dilute its core mandate , ” he said .
Addressing the Oireachtas Climate Committee on Wednesday , Prof FitzGerald said the list of 25 criteria which the Council “ may or shall have regard to ” in making their deliberations is lengthy and would make its deliberations very difficult .
“ Twenty five is just too many .
If this ends up in the courts , then we will have failed , ” he added .
The committee is undertaking pre-legislative scrutiny of the Bill which proposes five-yearly carbon budgets by @ @ @ @ @ @ @ CCAC providing independent recommendations on limits .
While welcoming increased climate ambition in the Bill , Prof FitzGerald said it should enshrine “ national targets for net emissions ” , thereby setting the parameters for the CCAC ’ s work .
The Oireachtas needed to indicate clearly what targets there were for 2030 and 2050 , to enable the council develop robust carbon budgets .
“ Carbon budgets need to be grounded in solid , thorough , research and analysis , so sufficient resources and time need to be given to the task @ @ @ @ @ @ @ view , that would take a year .
Covid-19 would hamper the process so recruitment of key personnel should begin immediately even before the legislation is passed .
Carbon budgets “ will have far-reaching consequences , not only for the environment , but also for the economy , for different sectors , and for individuals and families ” , he said .
It required a much better-resourced secretariat , with the right range of expertise , and time to do their work properly .
Denmark had a team of 22 people to perform @ @ @ @ @ @ @ currently four , he noted .
Speaking in a personal capacity as the CCAC has not yet formally considered the Bill , Prof FitzGerald said it was essential to have interim targets in the legislation : “ We can not go along for 30 years and realise we have done a botched job.
” He endorsed a separate target for methane arising from agriculture , because that was what science dictates .
If emissions from farming were included with CO2 , Ireland would have to “ eliminate all cattle by 2050 ” .
@ @ @ @ @ @ @ match the science , but that also meant reducing methane .
New Zealand , with a similar agriculture sector to Ireland , was reducing its emissions by 20 to 40 per cent by 2050 but no target had been set for Ireland .
The Oireachtas must set that , he insisted , and the council incorporate it into carbon budgets .
On the CCAC ’ s composition , he said it would benefit from international expertise at the table .
While acknowledging the Bill ’ s good intentions in setting out a list @ @ @ @ @ @ @ “ the outcome could be exclusionary in practice ” .
Some “ desirable flexibility ” was needed , as under current criteria the climate activist Greta Thunberg “ could not become a member ” .
Asked by Senator John McGahon ( FG ) if he supported having a young voice on the council who might not have a qualification , he said there was a need for people of all ages but the first requirement was expertise .
In response to committee chairman Brian Leddin ( Green Party ) , who asked if @ @ @ @ @ @ @ transport and on the National Transport Authority and local authorities in leading a modal shift , Prof FitzGerald said “ rolling out public transport in our cities is hugely important ” but he was not sure if that should be in the Bill .

Prof John Fitzgerald: ‘The legislation should not be over-prescriptive on additional functions for the Council that could serve to distract from or dilute its core mandate.’ Photograph: Nick Bradshaw/The Irish Times
The work of a revamped Climate Change Advisory Council (CCAC) risks being overloaded by requirements in proposed new legislation, which could see it embroiled in judicial reviews and distract from its central role in setting carbon budgets.
That was the warning from current CCAC chairman Prof John FitzGerald, who said the Climate Action and Low Carbon Development (Amendment) Bill as drafted was cumbersome, and would undermine its operation and efforts to achieve the national target of carbon neutrality by 2050.
“The legislation should not be over-prescriptive on additional functions for the Council that could serve to distract from or dilute its core mandate,” he said.
Addressing the Oireachtas Climate Committee on Wednesday, Prof FitzGerald said the list of 25 criteria which the Council "may or shall have regard to" in making their deliberations is lengthy and would make its deliberations very difficult.
READ MORE
“Twenty five is just too many. If this ends up in the courts, then we will have failed,” he added.
Consequences of budgets
The committee is undertaking pre-legislative scrutiny of the Bill which proposes five-yearly carbon budgets by imposing sectoral ceilings on emissions with the CCAC providing independent recommendations on limits.
While welcoming increased climate ambition in the Bill, Prof FitzGerald said it should enshrine “national targets for net emissions”, thereby setting the parameters for the CCAC’s work. The Oireachtas needed to indicate clearly what targets there were for 2030 and 2050, to enable the council develop robust carbon budgets.
“Carbon budgets need to be grounded in solid, thorough, research and analysis, so sufficient resources and time need to be given to the task,” he said. In his view, that would take a year. Covid-19 would hamper the process so recruitment of key personnel should begin immediately even before the legislation is passed.
Carbon budgets “will have far-reaching consequences, not only for the environment, but also for the economy, for different sectors, and for individuals and families”, he said.
It required a much better-resourced secretariat, with the right range of expertise, and time to do their work properly. Denmark had a team of 22 people to perform that task; in Ireland there was currently four, he noted.
Speaking in a personal capacity as the CCAC has not yet formally considered the Bill, Prof FitzGerald said it was essential to have interim targets in the legislation: “We cannot go along for 30 years and realise we have done a botched job.”
He endorsed a separate target for methane arising from agriculture, because that was what science dictates. If emissions from farming were included with CO2, Ireland would have to “eliminate all cattle by 2050”.
Methane
To be credible the Bill had to match the science, but that also meant reducing methane. New Zealand, with a similar agriculture sector to Ireland, was reducing its emissions by 20 to 40 per cent by 2050 but no target had been set for Ireland. The Oireachtas must set that, he insisted, and the council incorporate it into carbon budgets.
On the CCAC’s composition, he said it would benefit from international expertise at the table. While acknowledging the Bill’s good intentions in setting out a list of expertise required of Council members, “the outcome could be exclusionary in practice”.
Some "desirable flexibility" was needed, as under current criteria the climate activist Greta Thunberg "could not become a member".
Asked by Senator John McGahon (FG) if he supported having a young voice on the council who might not have a qualification, he said there was a need for people of all ages but the first requirement was expertise.
In response to committee chairman Brian Leddin (Green Party), who asked if there was enough in the Bill on transport and on the National Transport Authority and local authorities in leading a modal shift, Prof FitzGerald said "rolling out public transport in our cities is hugely important" but he was not sure if that should be in the Bill.


theirishtimes--2020-10-28--Roscommon eviction trio not in contact with lawyers since release, court told

Three siblings released from custody last Friday after agreeing to vacate their repossessed home in Co Roscommon had failed to make contact with their solicitors since then , the High Court has been told .
Michael Anthony , David , and Geraldine McGann were brought before the court last Friday to answer why they should not be jailed for contempt of orders to leave and not interfere with a bank ’ s possession of the house and land at Falsk , near Strokestown .
KBC Bank obtained the possession order several years ago arising out of a €431,00 debt on @ @ @ @ @ @ @ registered owner Michael Anthony McGann .
They were evicted in 2018 but the house was later the scene of an attack on security men employed to secure it .
The security men were forced from the property by a group of masked men and a number of vehicles were burnt .
The McGanns , who were not involved in the incidents , returned to the house and the bank then sought to have them jailed for contempt of court orders by failing to vacate .
They were again ordered by the court to @ @ @ @ @ @ @ Due to the pandemic , the bank did not immediately return to court but last Friday the trio were brought before Ms Justice Leonie Reynolds by gardaí to answer this latest alleged contempt .
There , represented by solicitors , they undertook , pending a full hearing of the contempt application , to leave the house and remove livestock from the land .
They were released and the matter was adjourned to a remote hearing on Wednesday when Ms Justice Reynolds was told the McGanns had not contacted their lawyers since Friday and @ @ @ @ @ @ @ Lawyers for all three , who were hoping to have replying affidavits from the McGanns prepared over the bank holiday weekend , said in light of not receiving instructions they ( solicitors ) were not in a position to continue to participate in the process .
The court also heard a man , who is not a solicitor , handed certain documents to the registrar just before the remote hearing began .
Rossa Fanning SC , for KBC , said he was concerned in the light of all this that it did not @ @ @ @ @ @ @ comply with the court orders or undertakings they gave and that this matter was not going to be straightforward .
His client would take steps to secure the house , which is still vacated , and keep the court informed of these steps on Friday .
Efforts would also be made to contact the McGanns and inform them of the adjourned Friday date .
The judge agreed to adjourn it to Friday and said the McGanns would have to turn up in person to say the solicitors they had last Friday were no @ @ @ @ @ @ @ should also try to contact them , she said .
As there was another application related to the case listed for the afternoon on Wednesday , the judge said the matter would be called again in the afternoon to see if the McGanns turned up .
In the afternoon , the McGanns did not appear .
That matter will now be dealt with on Friday .

David McGann of Falsk, Strokestown, Co Roscommon, outside the Four Courts last week. Photograph: Collins Courts
Three siblings released from custody last Friday after agreeing to vacate their repossessed home in Co Roscommon had failed to make contact with their solicitors since then, the High Court has been told.
Michael Anthony, David, and Geraldine McGann were brought before the court last Friday to answer why they should not be jailed for contempt of orders to leave and not interfere with a bank's possession of the house and land at Falsk, near Strokestown.
KBC Bank obtained the possession order several years ago arising out of a €431,00 debt on the property from a loan to its registered owner Michael Anthony McGann.
They were evicted in 2018 but the house was later the scene of an attack on security men employed to secure it. The security men were forced from the property by a group of masked men and a number of vehicles were burnt.
READ MORE
The McGanns, who were not involved in the incidents, returned to the house and the bank then sought to have them jailed for contempt of court orders by failing to vacate.
Ordered
They were again ordered by the court to leave last March but again returned.
Due to the pandemic, the bank did not immediately return to court but last Friday the trio were brought before Ms Justice Leonie Reynolds by gardaí to answer this latest alleged contempt.
There, represented by solicitors, they undertook, pending a full hearing of the contempt application, to leave the house and remove livestock from the land.
They were released and the matter was adjourned to a remote hearing on Wednesday when Ms Justice Reynolds was told the McGanns had not contacted their lawyers since Friday and efforts to contact them were unsuccessful.
Lawyers for all three, who were hoping to have replying affidavits from the McGanns prepared over the bank holiday weekend, said in light of not receiving instructions they (solicitors) were not in a position to continue to participate in the process.
The court also heard a man, who is not a solicitor, handed certain documents to the registrar just before the remote hearing began.
Rossa Fanning SC, for KBC, said he was concerned in the light of all this that it did not show an intention by the McGanns to comply with the court orders or undertakings they gave and that this matter was not going to be straightforward.
His client would take steps to secure the house, which is still vacated, and keep the court informed of these steps on Friday. Efforts would also be made to contact the McGanns and inform them of the adjourned Friday date.
The judge agreed to adjourn it to Friday and said the McGanns would have to turn up in person to say the solicitors they had last Friday were no longer representing them. The solicitors themselves should also try to contact them, she said.
As there was another application related to the case listed for the afternoon on Wednesday, the judge said the matter would be called again in the afternoon to see if the McGanns turned up.
In the afternoon, the McGanns did not appear. That matter will now be dealt with on Friday.


theirishtimes--2020-10-28--Aldi, Lidl bow to pressure to ban non-essential ‘middle aisle’ sales

Aldi and Lidl have bowed to pressure to end the sale of “ middle aisle ” products deemed non-essential after the Government threatened a clampdown on retailers flouting lockdown guidelines .
The two grocery chains had resisted calls last week to seal off shelves selling children ’ s toys , clothes , homewares and other items as business leaders warned smaller shops obeying the rules could reopen in a campaign of disobedience .
Isme , which represents smaller traders , criticised the Government for facilitating a “ massive transfer of wealth ” from crippled small shops to profitable multiples .
@ @ @ @ @ @ @ Business Leo Varadkar warned big supermarkets against “ not lawful ” practices , saying the Garda would enforce the regulations banning the sale of non-essential items .
Tesco and Dunnes moved to block off access to products such as clothes , homeware , home entertainment and toys over the weekend .
It is understood gardaí visited a number of outlets arund the country to check with compliance .
Representatives of the major grocery retailers held a conference call with Minister of State Damian English , who has responsibility for the retail sector , @ @ @ @ @ @ @ Level 5 restrictions .
Following the meeting , Aldi issued a statement saying it was postponing the sale of all non-essential goods in its weekly “ special buys and middle-aisle promotions ” for the duration of the tightened restrictions .
“ In line with Government guidance , we have decided to postpone all non-essential product Specialbuys promotions , ” a spokesman said .
“ One-off Specialbuys offers on essential products will continue to be placed on sale each Thursday and Sunday .
Thank you for your co-operation and patience during these challenging times.
@ @ @ @ @ @ @ “ will not be putting on sale any items that are deemed non-essential - eg Christmas decorations , casual clothing and toys.
” “ We are also in the process of removing from sale any residual stock of previous non-essential promotions , ” she added .
“ We will continue to sell items that are classed as essential eg for upkeep of residence and businesses , safety clothing , repair and maintenance of cars and bikes etc in our middle aisles .
“ We hope to put any cancelled items on sale at @ @ @ @ @ @ @ restrictions being lifted and customers can keep up to date through our social media channels and website.
” The spokeswoman said some customers will be left disappointed as non-essential items advertised for sale in its weekly promotions leaflet , which are printed a number of weeks in advance , would no longer be available .
Last week , Lidl said if it was forced to remove non-essential items from sale “ it would cause massive logistical issues and would result in our warehouses being overstocked , which would seriously compromise our ability to @ @ @ @ @ @ @ We can appreciate that this may seem unfair , however we have made every effort to cancel promotion of these items in media and online , ” a spokeswoman said at the time .
An Aldi spokesman said at the time : “ The vast majority of our range is made up of groceries and other essential household items that Irish families rely on.
” Under the Level 5 restrictions , shops which can open between now and the beginning of December include supermarkets , pharmacies , health and hardware stores , shops @ @ @ @ @ @ @ selling things deemed essential for the welfare of animals and shops selling products necessary for the “ essential upkeep and functioning of places of residence and businesses ” .
All retail outlets which can operate a click and collect system , home delivery or phone ordering can also continue to trade although people will not be able to visit the shops to browse the aisles .

Shoppers at the Aldi store in Blackrock, Co Dublin. File Photograph: Nick Bradshaw
Aldi and Lidl have bowed to pressure to end the sale of "middle aisle" products deemed non-essential after the Government threatened a clampdown on retailers flouting lockdown guidelines.
The two grocery chains had resisted calls last week to seal off shelves selling children’s toys, clothes, homewares and other items as business leaders warned smaller shops obeying the rules could reopen in a campaign of disobedience.
Isme, which represents smaller traders, criticised the Government for facilitating a “massive transfer of wealth” from crippled small shops to profitable multiples.
In response, Tánaiste and Minister for Business Leo Varadkar warned big supermarkets against "not lawful" practices, saying the Garda would enforce the regulations banning the sale of non-essential items.
READ MORE
Tesco and Dunnes moved to block off access to products such as clothes, homeware, home entertainment and toys over the weekend.
It is understood gardaí visited a number of outlets arund the country to check with compliance.
Representatives of the major grocery retailers held a conference call with Minister of State Damian English, who has responsibility for the retail sector, on Wednesday for further clarity over the Level 5 restrictions.
Following the meeting, Aldi issued a statement saying it was postponing the sale of all non-essential goods in its weekly “special buys and middle-aisle promotions” for the duration of the tightened restrictions.
“In line with Government guidance, we have decided to postpone all non-essential product Specialbuys promotions,” a spokesman said.
“One-off Specialbuys offers on essential products will continue to be placed on sale each Thursday and Sunday. Thank you for your co-operation and patience during these challenging times.”
A spokeswoman for Lidl said it “will not be putting on sale any items that are deemed non-essential - eg Christmas decorations, casual clothing and toys.”
“We are also in the process of removing from sale any residual stock of previous non-essential promotions,” she added.
“We will continue to sell items that are classed as essential eg for upkeep of residence and businesses, safety clothing, repair and maintenance of cars and bikes etc in our middle aisles.
“We hope to put any cancelled items on sale at a later date, in line with restrictions being lifted and customers can keep up to date through our social media channels and website.”
The spokeswoman said some customers will be left disappointed as non-essential items advertised for sale in its weekly promotions leaflet, which are printed a number of weeks in advance, would no longer be available.
Last week, Lidl said if it was forced to remove non-essential items from sale “it would cause massive logistical issues and would result in our warehouses being overstocked, which would seriously compromise our ability to get essential food supplies in.”
“We can appreciate that this may seem unfair, however we have made every effort to cancel promotion of these items in media and online,” a spokeswoman said at the time.
An Aldi spokesman said at the time: “The vast majority of our range is made up of groceries and other essential household items that Irish families rely on.”
Under the Level 5 restrictions, shops which can open between now and the beginning of December include supermarkets, pharmacies, health and hardware stores, shops selling PPE, fuel providers, shops selling things deemed essential for the welfare of animals and shops selling products necessary for the “essential upkeep and functioning of places of residence and businesses”.
All retail outlets which can operate a click and collect system, home delivery or phone ordering can also continue to trade although people will not be able to visit the shops to browse the aisles.


theirishtimes--2020-10-28--Testing and tracing: Figuring out what the numbers mean

When it comes to testing and tracing , there ’ s no shortage of numbers .
Some 1.54 million tests , 258,230 contact tracing calls ; calls one , two and three ; average numbers of close contacts ; means , medians and turnaround times .
Hundreds of new staff and hundreds of millions of euro .
The contact tracing system throws off reams of data , which can be confusing and disorientating .
Health systems researchers from UCD have said that 80 per cent of contacts should be quarantined within four days of a person developing symptoms .
But @ @ @ @ @ @ @ ?
What is an end-to-end turnaround time ?
This is one of the key metrics .
Somewhat confusingly , it has been used interchangeably to describe different things : the time taken from when a person is referred for a test to when they get the result of the test , but also from the time of referral to the completion of contact tracing .
Really , the latter is a better measurement .
Testing and tracing is designed not just to tell you who is sick , but to allow you to @ @ @ @ @ @ @ .
Earlier this week , Dr Tony Holohan said about 10 per cent of close contacts get infected , so if 100 infected people have three close contacts each , that could mean about 30 people have contracted the disease and are circulating .
The logic of test and trace is to track those people down before they pass it on .
This has to be done quickly ; there ’ s no point in contacting someone after they ’ re no longer infectious , and if you do it too late , @ @ @ @ @ @ @ how are we doing on this ?
It is hard to get a single , universal figure for this .
The HSE publishes times for separate parts of the process , but says they can not simply be added together to get a picture of the entire turnaround time .
The overall figure can also be flattered by the parts of the process that move quickly .
For instance , hospital tests are generally quicker than tests taken at community sampling centres like Croke Park .
So , for example , it takes @ @ @ @ @ @ @ to get their result when Covid is not detected ; but for community samples , that figure is 2.1 days .
When you include contact tracing , the median figure for both is three days .
The community side of test and trace has proved more susceptible to slowing down .
In the middle of October , as contact tracing came under more pressure , the figure was 4.1 days .
What don ’ t these figures tell us ?
The use of medians to describe the data , much like the inclusion @ @ @ @ @ @ @ obscure important information .
So , for example , HSE statistics released to The Irish Times show that during the surge of case diagnoses which led to 2,000 people being asked to do their own contact tracing , more than half of positive cases ( 53.2 per cent ) took more than four days to complete the whole process .
Over the last bank holiday weekend , this improved , but 45.7 per cent of positive cases are still taking more than 72 hours to complete contact tracing .
We also don ’ @ @ @ @ @ @ @ it takes between the onset of symptoms and referral for a test .
Dr Kevin Kelleher , assistant national director of the HSE , estimates it as between 12 and 24 hours .
In June , Nphet said 47 per cent of people were taking longer than four days from the onset of symptoms to being swabbed .
So , we don ’ t know precisely how close we are to achieving the target outlined by the UCD academics .
Even if we take the rosiest assumptions about how long it takes for @ @ @ @ @ @ @ after developing symptoms , the data suggest that at the current high level of cases , the system would struggle to get 80 per cent of contacts to isolate within four days .

When it comes to testing and tracing, there’s no shortage of numbers.
Some 1.54 million tests, 258,230 contact tracing calls; calls one, two and three; average numbers of close contacts; means, medians and turnaround times. Hundreds of new staff and hundreds of millions of euro.
The contact tracing system throws off reams of data, which can be confusing and disorientating. Health systems researchers from UCD have said that 80 per cent of contacts should be quarantined within four days of a person developing symptoms. But how close are we to this goal?
What is an end-to-end turnaround time?
This is one of the key metrics. Somewhat confusingly, it has been used interchangeably to describe different things: the time taken from when a person is referred for a test to when they get the result of the test, but also from the time of referral to the completion of contact tracing.
READ MORE
Really, the latter is a better measurement. Testing and tracing is designed not just to tell you who is sick, but to allow you to intercept their contacts and stop them circulating. Earlier this week, Dr Tony Holohan said about 10 per cent of close contacts get infected, so if 100 infected people have three close contacts each, that could mean about 30 people have contracted the disease and are circulating. The logic of test and trace is to track those people down before they pass it on.
This has to be done quickly; there’s no point in contacting someone after they’re no longer infectious, and if you do it too late, the damage may be done.
And how are we doing on this?
It is hard to get a single, universal figure for this. The HSE publishes times for separate parts of the process, but says they cannot simply be added together to get a picture of the entire turnaround time.
The overall figure can also be flattered by the parts of the process that move quickly. For instance, hospital tests are generally quicker than tests taken at community sampling centres like Croke Park. So, for example, it takes a median of 1.4 days for someone to get their result when Covid is not detected; but for community samples, that figure is 2.1 days. When you include contact tracing, the median figure for both is three days.
The community side of test and trace has proved more susceptible to slowing down. In the middle of October, as contact tracing came under more pressure, the figure was 4.1 days.
What don't these figures tell us?
The use of medians to describe the data, much like the inclusion of fast-track hospital testing streams, can obscure important information. So, for example, HSE statistics released to The Irish Times show that during the surge of case diagnoses which led to 2,000 people being asked to do their own contact tracing, more than half of positive cases (53.2 per cent) took more than four days to complete the whole process.
Over the last bank holiday weekend, this improved, but 45.7 per cent of positive cases are still taking more than 72 hours to complete contact tracing. We also don’t have a clear idea how long it takes between the onset of symptoms and referral for a test.
Dr Kevin Kelleher, assistant national director of the HSE, estimates it as between 12 and 24 hours. In June, Nphet said 47 per cent of people were taking longer than four days from the onset of symptoms to being swabbed.
So, we don’t know precisely how close we are to achieving the target outlined by the UCD academics. Even if we take the rosiest assumptions about how long it takes for someone to be referred for a test after developing symptoms, the data suggest that at the current high level of cases, the system would struggle to get 80 per cent of contacts to isolate within four days.


theirishtimes--2020-10-28--Ex-GAA player had up to €386,000 transferred to Dubai bank, court told

An All-Ireland winning GAA star charged as part of a major investigation into organised crime allegedly had up to £350,000 ( €386,000 ) transferred into a bank in Dubai , a court has heard .
A prosecution barrister claimed at Belfast High Court on Wednesday that sums were moved to an account Peter Loughran held in the United Arab Emirates before being used to buy property back in Northern Ireland .
The alleged financial activity was disclosed as the defendant was granted bail on drugs charges connected to a National Crime Agency offensive targeting gangs using encrypted mobile phones .
@ @ @ @ @ @ @ Dungannon , Co Tyrone , is accused of eight offences , including conspiracy to possess and being concerned in the supply of cocaine and herbal cannabis .
The accused , who was part of the 2003 Tyrone All-Ireland winning squad , is also charged with drugs importation and conspiracy to transfer and convert criminal property – namely cash .
The alleged offences were committed on dates between March and June this year .
He was arrested as part of Operation Venetic , the UK ’ s biggest law enforcement crackdown on organised criminality @ @ @ @ @ @ @ prosecution in Northern Ireland , including up to eight other defendants already released from custody .
As Mr Loughran mounted a fresh application for bail , the court heard police have identified up to £350,000 allegedly going into his bank account in Dubai .
Mr Justice Huddleston was told it was later used for the purchase of property back in Northern Ireland .
According to defence counsel new information has confirmed those sums are no longer available to his client – ending any concerns he could use it to sustain him if released @ @ @ @ @ @ @ was spent , ” Michael Chambers said .
“ The applicant has a zero balance on the account in the UAE , he can ’ t interfere with any money.
” But Mr Steer contended that Mr Loughran should be treated differently to others identified in the investigation .
“ We don ’ t have evidence in other cases of these large sums being moved in this complex network involving other countries , ” he said .
Contrasting Mr Loughran ’ s salary with the level of alleged bank deposits , the prosecutor @ @ @ @ @ @ @ t add up.
” Bail was granted , however , on condition that relatives of the accused lodge a £30,000 ( €33,000 ) cash surety .
Mr Justice Huddleston also imposed a curfew , ordered the defendant to surrender any passports and banned him from leaving Northern Ireland .

Peter Loughran is accused of eight offences, including conspiracy to possess and being concerned in the supply of cocaine and herbal cannabis. Photograph: Alan Betson
An All-Ireland winning GAA star charged as part of a major investigation into organised crime allegedly had up to £350,000 (€386,000) transferred into a bank in Dubai, a court has heard.
A prosecution barrister claimed at Belfast High Court on Wednesday that sums were moved to an account Peter Loughran held in the United Arab Emirates before being used to buy property back in Northern Ireland.
Robin Steer contended: “It’s essentially the definition of money laundering.”
The alleged financial activity was disclosed as the defendant was granted bail on drugs charges connected to a National Crime Agency offensive targeting gangs using encrypted mobile phones.
READ MORE
The 45-year-old, of Tamnamore Road in Dungannon, Co Tyrone, is accused of eight offences, including conspiracy to possess and being concerned in the supply of cocaine and herbal cannabis.
The accused, who was part of the 2003 Tyrone All-Ireland winning squad, is also charged with drugs importation and conspiracy to transfer and convert criminal property – namely cash.
Fresh application
The alleged offences were committed on dates between March and June this year.
He was arrested as part of Operation Venetic, the UK’s biggest law enforcement crackdown on organised criminality.
More than 20 people are facing prosecution in Northern Ireland, including up to eight other defendants already released from custody.
As Mr Loughran mounted a fresh application for bail, the court heard police have identified up to £350,000 allegedly going into his bank account in Dubai.
Mr Justice Huddleston was told it was later used for the purchase of property back in Northern Ireland.
According to defence counsel new information has confirmed those sums are no longer available to his client – ending any concerns he could use it to sustain him if released.
Interfere
“We now know the money was spent,” Michael Chambers said.
“The applicant has a zero balance on the account in the UAE, he can’t interfere with any money.”
But Mr Steer contended that Mr Loughran should be treated differently to others identified in the investigation.
“We don’t have evidence in other cases of these large sums being moved in this complex network involving other countries,” he said.
Contrasting Mr Loughran’s salary with the level of alleged bank deposits, the prosecutor argued: “It simply doesn’t add up.”
Bail was granted, however, on condition that relatives of the accused lodge a £30,000 (€33,000) cash surety.
Mr Justice Huddleston also imposed a curfew, ordered the defendant to surrender any passports and banned him from leaving Northern Ireland.


theirishtimes--2020-10-28--Traumatised woman must remain a ward of court

A vulnerable and traumatised young woman must remain a ward of court for now because discharging her from wardship could put her life at risk , a High Court judge has said .
The woman came here five years ago with her mother and brother as a chronically traumatised teenager , having experienced violence in her native Africa .
She spent some time in direct provision before being made a ward of court on a crisis basis in 2017 arising from HSE concerns about her physical and mental health .
The court heard she was spending much of her days @ @ @ @ @ @ @ trying to soak up light which she perceived as “ goodness ” .
Due to long periods not eating or taking fluids , her food and fluid intake was well below that necessary for adequate growth and development .
Concerns about her deteriorating condition and refusal to comply with treatment led to the HSE applying to a night-time sitting of the High Court to have her made a ward of court and moved to hospital .
Her mother and brother supported the application but the woman has since become estranged from them .
@ @ @ @ @ @ @ received specialised care and treatment in hospitals and other placements , and has made sufficient progress to live in the community since earlier this year with care staff and other supports .
She now wants to exit wardship but her carers and treatment team believe , if permitted to do so at this point , she could seriously relapse for reasons including she lacks insight into her trauma and refuses to accept her diagnosis and need to take medication .
Her refusal to take medication led to her being hospitalised some months ago @ @ @ @ @ @ @ has been fed by naso-gastric tube in the past due to obsessive fasting .
When her case was reviewed this week by Mr Justice Mark Heslin , he continued orders retaining her in wardship but stressed the matter would be reviewed in six months and , depending on the progress made , exit from wardship remains possible .
Speaking to the judge via video link , the woman said she wanted to be independent and to exit wardship and her future was “ in God ’ s hands ” .
In his ruling @ @ @ @ @ @ @ woman exits wardship , her treating team are concerned , due to lack of insight and non-engagement with her family , she could again relapse with potentially no one to notice that , and her life would be at risk as previous relapses had led to her starving herself .
What was instead proposed was a detailed treatment plan , which has been discussed with the woman , aimed at working collaboratively towards the goal of exiting wardship .
The judge assured the woman he had listened to and taken account of her @ @ @ @ @ @ @ matter was “ in God ’ s hands ” , the court and her carers have a role to play and her views , however sincere and genuine , “ are not the determining factor when what she wants is plainly , on the medical evidence , not in her best interests ” .
On the evidence , he could not discharge her from wardship now as that could create a situation which could put her life at risk and he was satisfied the existing orders remaining in place were very much in @ @ @ @ @ @ @ court-appointed guardian she should follow the current trajectory of continuing her medications , starting an educational course , enrolling and attending English classes , and accepting assistance with living skills and promoting a caring network .
The hope of leaving wardship was a real one but her co-operation and progress were required , he said .
“ It is in her hands .
”

Mr Justice Mark Heslin says the matter will be reviewed in six months and, depending on the progress made, exit from wardship remains possible. Photograph: Chris Maddaloni/ Collins
A vulnerable and traumatised young woman must remain a ward of court for now because discharging her from wardship could put her life at risk, a High Court judge has said.
The woman came here five years ago with her mother and brother as a chronically traumatised teenager, having experienced violence in her native Africa.
She spent some time in direct provision before being made a ward of court on a crisis basis in 2017 arising from HSE concerns about her physical and mental health.
The court heard she was spending much of her days praying and fasting and standing before windows trying to soak up light which she perceived as “goodness”.
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Due to long periods not eating or taking fluids, her food and fluid intake was well below that necessary for adequate growth and development. Concerns about her deteriorating condition and refusal to comply with treatment led to the HSE applying to a night-time sitting of the High Court to have her made a ward of court and moved to hospital.
Her mother and brother supported the application but the woman has since become estranged from them.
Diagnosis
Following a diagnosis of psychosis, she received specialised care and treatment in hospitals and other placements, and has made sufficient progress to live in the community since earlier this year with care staff and other supports.
She now wants to exit wardship but her carers and treatment team believe, if permitted to do so at this point, she could seriously relapse for reasons including she lacks insight into her trauma and refuses to accept her diagnosis and need to take medication.
Her refusal to take medication led to her being hospitalised some months ago for a number of weeks and she has been fed by naso-gastric tube in the past due to obsessive fasting.
When her case was reviewed this week by Mr Justice Mark Heslin, he continued orders retaining her in wardship but stressed the matter would be reviewed in six months and, depending on the progress made, exit from wardship remains possible.
Speaking to the judge via video link, the woman said she wanted to be independent and to exit wardship and her future was “in God’s hands”.
In his ruling, the judge noted, if the woman exits wardship, her treating team are concerned, due to lack of insight and non-engagement with her family, she could again relapse with potentially no one to notice that, and her life would be at risk as previous relapses had led to her starving herself.
Detailed treatment plan
What was instead proposed was a detailed treatment plan, which has been discussed with the woman, aimed at working collaboratively towards the goal of exiting wardship.
The judge assured the woman he had listened to and taken account of her views. While she had said the matter was “in God’s hands”, the court and her carers have a role to play and her views, however sincere and genuine, “are not the determining factor when what she wants is plainly, on the medical evidence, not in her best interests”.
On the evidence, he could not discharge her from wardship now as that could create a situation which could put her life at risk and he was satisfied the existing orders remaining in place were very much in her interests.
He agreed with her court-appointed guardian she should follow the current trajectory of continuing her medications, starting an educational course, enrolling and attending English classes, and accepting assistance with living skills and promoting a caring network. The hope of leaving wardship was a real one but her co-operation and progress were required, he said. “It is in her hands.”


theirishtimes--2020-10-28--Young homeless mother may have been dead in tent for a number of days

A young mother was one of two homeless people who were found dead in Dublin over the bank holiday weekend .
The woman ( 31 ) is thought to have been dead a number of days when her body was found in a tent at Lynch ’ s Lane in Clondalkin , in the early hours of Saturday , October 24th .
Gardaí said : “ It is believed that this lady died between 21st October , and 24th October .
A post mortem has been carried out and a file is being prepared for the coroners court.
” She @ @ @ @ @ @ @ .
A spokeswoman for the Dublin Region Homeless Executive ( DRHE ) said she had been known to the homeless services but had not been engaging with services for the past year .
In the city centre , the body of a man in his 40s was discovered at about 5.40 am on Friday , 23rd October .
“ His body has since been removed to the city mortuary where a postmortem is due to take place , the results of which will determine the course of the investigation , ” said a @ @ @ @ @ @ @ supported , homelessness accommodation since March , said the DRHE .
He had left his accommodation the previous night and had been expected to return .
The deaths bring to over 50 the number of homeless people who have died so far this year , compared to a total of 37 at this point in 2019 , according to chief executive of the Inner City Helping Homeless charity , independent councillor Anthony Flynn .
“ Being honest we are not seeing the true extent of the homeless levels around Dublin and the rest @ @ @ @ @ @ @ night there were 133 homeless in Dublin and we are not even seeing the full extent of what is happening , ” said Cllr Flynn .
Many homeless people , particularly those recovering from addiction and those new to homelessness , did not feel safe in hostels , he said .
News of the deaths emerged on Wednesday as Dublin City Council published its homeless cold weather strategy .
It will include 340 new emergency beds for single people , increased staffing for the rough-sleeper outreach team and increased “ contingency ” capacity @ @ @ @ @ @ @ of the strategy , Lord Mayor , councillor Hazel Chu , said she was “ very saddened ” to hear of the two recent deaths .
“ As we face into the winter months I am very mindful that the hardship of being homeless becomes even more acute and we have to ensure that all possible supports are available during the next few months .
“ I welcome the additional emergency accommodation that the DRHE will activate over the coming months and it is essential that all the relevant social and care supports @ @ @ @ @ @ @ experience homelessness in Dublin .
The complexity and uncertainty surrounding Covid-19 will be a continuous and difficult challenge during this period .
”

The deaths bring to over 50 the number of homeless people who have died so far this year, compared to a total of 37 at this point in 2019, according to chief executive of the Inner City Helping Homeless charity, independent councillor Anthony Flynn. File photograph: Tom Honan/The Irish Times
A young mother was one of two homeless people who were found dead in Dublin over the bank holiday weekend.
The woman (31) is thought to have been dead a number of days when her body was found in a tent at Lynch's Lane in Clondalkin, in the early hours of Saturday, October 24th.
Gardaí said: “It is believed that this lady died between 21st October, and 24th October. A post mortem has been carried out and a file is being prepared for the coroners court.”
She was the mother of four young children. A spokeswoman for the Dublin Region Homeless Executive (DRHE) said she had been known to the homeless services but had not been engaging with services for the past year.
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In the city centre, the body of a man in his 40s was discovered at about 5.40 am on Friday, 23rd October. “His body has since been removed to the city mortuary where a postmortem is due to take place, the results of which will determine the course of the investigation,” said a Garda spokesman.
He had been in supported, homelessness accommodation since March, said the DRHE. He had left his accommodation the previous night and had been expected to return.
True extent
The deaths bring to over 50 the number of homeless people who have died so far this year, compared to a total of 37 at this point in 2019, according to chief executive of the Inner City Helping Homeless charity, independent councillor Anthony Flynn.
"Being honest we are not seeing the true extent of the homeless levels around Dublin and the rest of the country. As of Monday night there were 133 homeless in Dublin and we are not even seeing the full extent of what is happening," said Cllr Flynn.
Many homeless people, particularly those recovering from addiction and those new to homelessness, did not feel safe in hostels, he said.
News of the deaths emerged on Wednesday as Dublin City Council published its homeless cold weather strategy. It will include 340 new emergency beds for single people, increased staffing for the rough-sleeper outreach team and increased "contingency" capacity for families.
Speaking at the publication of the strategy, Lord Mayor, councillor Hazel Chu, said she was "very saddened" to hear of the two recent deaths.
“As we face into the winter months I am very mindful that the hardship of being homeless becomes even more acute and we have to ensure that all possible supports are available during the next few months.
“I welcome the additional emergency accommodation that the DRHE will activate over the coming months and it is essential that all the relevant social and care supports are also available to all who may experience homelessness in Dublin. The complexity and uncertainty surrounding Covid-19 will be a continuous and difficult challenge during this period.”


theirishtimes--2020-10-28--Man jailed for five years for killing 7ft 5in Belarusian man

A suspected victim of human trafficking who killed a seven feet five inch Belarusian man has been jailed for six years with the final 12 months suspended .
Lithuanian Arnoldas Ivanauskas ( 33 ) , with an address at The Parklands , Tralee , Co Kerry , was acquitted of murder and convicted of manslaughter earlier this year for killing 24-year-old Dmitry Hrynkevich .
In garda interviews the accused said a second man , who was not before the court , attacked Mr Hrynkevich and that he “ joined in ” , punching the deceased at least once on the @ @ @ @ @ @ @ on Wednesday at the Central Criminal Court Mr Justice Michael MacGrath noted the difficulties the accused had in his life , including a report suggesting that he may have been the victim of human trafficking .
Mr Justice MacGrath also described the death of Mr Hrynkevich as “ extremely tragic particularly for his mother.
” In a statement to the court Elena Moram had described her son ’ s struggles with Marfan Syndrome that caused him to have elongated limbs and heart problems .
He grew up “ in pain , marginalised , @ @ @ @ @ @ @ for his height , she said , adding that he was seen as a “ freak ” by some .
Despite his problems , his mother said he showed “ courage , resilience and kindness ” and was widely liked for his humour and generosity .
Mr Justice MacGrath said he had to take into account that the deceased ’ s medical problems , including a compromised heart , contributed to his death and that the jury had decided that the accused did not intend to kill or cause serious injury when he @ @ @ @ @ @ @ the evidence showed that the second person , who is not before the court , was the principal assailant and the instigator of the assault .
He further noted that while the assault was not planned , the accused man did not withdraw once it started .
He said the accused was in the medium culpability range and set the headline sentence at seven years .
Taking into account mitigating factors , including his good record in prison , he reduced that to six years and suspended the final year on condition that @ @ @ @ @ @ @ good behaviour for two years after his release from prison .
The judge noted that the accused had a troubled past and that he had been named as a “ potential victim of human trafficking ” by gardaí working in that area .
He noted that victims of human trafficking face circumstances beyond their control and are often subject to violence .
The judge said Ivanauskas had expressed remorse in a letter to the court in which he said it was “ never his intention to hurt or to kill.
” He said @ @ @ @ @ @ @ and he wishes he could turn the clock back .
In prison he is an enhanced prisoner with a clean record and had sat exams for the Leaving Certificate .
The defendant ’ s previous convictions , Mr Justice MacGrath said , were of little significance .
The sentence was backdated to November 2018 when he first went into custody .

A suspected victim of human trafficking who killed a seven feet five inch Belarusian man has been jailed for six years with the final 12 months suspended.
Lithuanian Arnoldas Ivanauskas (33), with an address at The Parklands, Tralee, Co Kerry, was acquitted of murder and convicted of manslaughter earlier this year for killing 24-year-old Dmitry Hrynkevich. In garda interviews the accused said a second man, who was not before the court, attacked Mr Hrynkevich and that he "joined in", punching the deceased at least once on the side of the head.
Sentencing Ivanauskas on Wednesday at the Central Criminal Court Mr Justice Michael MacGrath noted the difficulties the accused had in his life, including a report suggesting that he may have been the victim of human trafficking.
Mr Justice MacGrath also described the death of Mr Hrynkevich as "extremely tragic particularly for his mother." In a statement to the court Elena Moram had described her son's struggles with Marfan Syndrome that caused him to have elongated limbs and heart problems. He grew up "in pain, marginalised, picked upon by a certain minority" for his height, she said, adding that he was seen as a "freak" by some.
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Despite his problems, his mother said he showed “courage, resilience and kindness” and was widely liked for his humour and generosity.
Mr Justice MacGrath said he had to take into account that the deceased’s medical problems, including a compromised heart, contributed to his death and that the jury had decided that the accused did not intend to kill or cause serious injury when he struck the deceased. He said that the evidence showed that the second person, who is not before the court, was the principal assailant and the instigator of the assault.
He further noted that while the assault was not planned, the accused man did not withdraw once it started. He said the accused was in the medium culpability range and set the headline sentence at seven years. Taking into account mitigating factors, including his good record in prison, he reduced that to six years and suspended the final year on condition that he enter a bond to be of good behaviour for two years after his release from prison.
The judge noted that the accused had a troubled past and that he had been named as a “potential victim of human trafficking” by gardaí working in that area. He noted that victims of human trafficking face circumstances beyond their control and are often subject to violence.
The judge said Ivanauskas had expressed remorse in a letter to the court in which he said it was “never his intention to hurt or to kill.” He said the killing had changed his life forever and he wishes he could turn the clock back. In prison he is an enhanced prisoner with a clean record and had sat exams for the Leaving Certificate.
The defendant’s previous convictions, Mr Justice MacGrath said, were of little significance.
The sentence was backdated to November 2018 when he first went into custody.


theirishtimes--2020-10-29--Stakeknife investigation: PPS decides not to charge four people

Four people , including two former MI5 officers , will not face charges in connection with an investigation into the agent codenamed Stakeknife .
The North ’ s Director of Public Prosecutions , Stephen Herron , said on Thursday that decisions not to prosecute had been issued in regard to four individuals who were reported to the Public Prosecution service ( PPS ) by the Operation Kenova investigation team .
The multi-million pound Operation Kenova - which is led by the former Chief Constable of Bedfordshire police , Jon Boutcher - is investigating a number of Troubles-era cases including allegations @ @ @ @ @ @ @ agent reputedly ran the IRA “ nutting squad ” , which interrogated and murdered suspected informers .
Stakeknife has previously been named as 73-year-old west Belfast man Freddie Scappaticci .
He denies that he was Stakeknife , or that he was a British spy .
One individual , understood to be the agent Stakeknife , was considered by the PPS for the offence of perjury .
This related to making affidavits sworn between 2003 and 2006 , and the circumstances in which a decision was subsequently taken not to prosecute , the PPS @ @ @ @ @ @ @ members of MI5 and a former PPS prosecutor - were considered for the offence of misconduct in a public office .
Mr Herron said in all four cases , he concluded there was “ insufficient evidence to provide a reasonable prospect of conviction for any offence.
” These are the first decisions issued by the PPS in regard to the inquiry into Stakeknife .
A number of other files are being considered by the PPS for potential offences including murder , false imprisonment and assault .
The PPS said decisions on these matters @ @ @ @ @ @ @

Stakeknife has previously been named as 73-year-old west Belfast man Freddie Scappaticci (centre in a file image from 1987) who denies he was Stakeknife, or a British spy. Photograph: Pacemaker
Northern Correspondent
Four people, including two former MI5 officers, will not face charges in connection with an investigation into the agent codenamed Stakeknife.
The North's Director of Public Prosecutions, Stephen Herron, said on Thursday that decisions not to prosecute had been issued in regard to four individuals who were reported to the Public Prosecution service (PPS) by the Operation Kenova investigation team.
Stakeknife has previously been named as 73-year-old west Belfast man Freddie Scappaticci. He denies that he was Stakeknife, or that he was a British spy.
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The multi-million pound Operation Kenova – which is led by the former Chief Constable of Bedfordshire police, Jon Boutcher – is investigating a number of Troubles-era cases including allegations of criminality against Stakeknife.
The high-ranking agent reputedly ran the IRA “nutting squad”, which interrogated and murdered suspected informers.
One individual, understood to be the agent Stakeknife, was considered by the PPS for the offence of perjury. This related to making affidavits sworn between 2003 and 2006, and the circumstances in which a decision was subsequently taken not to prosecute, the PPS said.
Three others – two former members of MI5 and a former PPS prosecutor – were considered for the offence of misconduct in a public office.
Mr Herron said in all four cases, he concluded there was “insufficient evidence to provide a reasonable prospect of conviction for any offence.”
These are the first decisions issued by the PPS in regard to the inquiry into Stakeknife. A number of other files are being considered by the PPS for potential offences including murder, false imprisonment and assault.
The PPS said decisions on these matters would be issued in due course.
Jon Boutcher said the decision did not mean prosecutions were out of reach. “The challenges of bringing a prosecution for Northern Ireland legacy cases, both from a legal and practical perspective, are well-known and have been described in my evidence to the Northern Ireland Affairs Select Committee,” he said.
“We await the remaining decisions with keen interest. “Most importantly, at the outset of Operation Kenova, I made commitments to provide families with our findings as to what happened in their individual cases and to deliver a public-facing report. These two key commitments remain at the forefront of our endeavours.
“Legacy should not be judged simply through the prism of prosecutions, it must be considered as a process which provides the truth to those families who have lost loved ones,” he said. Additional reporting — PA