theirishtimes--2020-11-26--Director of calculated grades office rejects claims about criticism of data exclusion

The director of the calculated grades office has rejected claims that a document circulated by her contained “ scathing criticisms ” of the exclusion of historical school data from a calculated grades model , the High Court has heard .
Andrea Feeney had said in an affidavit she had made no “ scathing criticisms ” of the data and had also said the document was not a briefing document for the Minister for Education , Eileen Barrington SC , for the Minister and State , said .
Ms Feeney had said a reference to some students being “ thrown under @ @ @ @ @ @ @ was excluded was a note outlining possible criticisms of the exclusion of such data and not an expression of her own view , counsel said .
Ms Feeney had said she had been asked by officials in the department to provide background information on calculated grades systems in other jurisdictions .
The document was intended for her colleagues to draw upon and reflected her notes further to a “ brain-storming ” session .
The confidential document was circulated on August 18th following a controversy over grade standardisation models in the UK which had @ @ @ @ @ @ @ ; National Standardisation ; Calculated Grades , the 11-page document examined UK statistical models and how those differed from a draft calculated grades model here .
On September 1st , the Cabinet approved an August 21st decision by the Minister that historical school data should be excluded from the calculated grades process .
Ms Feeney and a number of other public servants have provided affidavits on behalf of the Minister and State in opposing a challenge by Freddie Sherry , a student at Dublin ’ s Belvedere College , over the exclusion decision @ @ @ @ @ @ @ is case managing the litigation , said on Thursday , given the issues raised , and because this case was the lead case of 30 other cases over grade standardisation , it must be heard as soon as possible .
He fixed December 8th for the full hearing , expected to last two weeks .
Because the Sherry case is the lead case , the rights and entitlements of parties in the other cases had been put on hold , the judge noted .
He was also conscious students may be physically sitting @ @ @ @ @ @ @ months , with oral exams scheduled for Easter and , if that was not possible due to public health considerations , calculated grades might again be required .
He considered the core issue in Mr Sherry ’ s case is whether the Government decision to exclude historical school data from the calculated grades process was unlawful or not and said the sides should focus on that .
In his action , Mr Sherry , from Newtown , Celbridge , Co Kildare , says he was “ hugely disappointed ” the CAO points total @ @ @ @ @ @ @ teachers was reduced to 487 under the grade standardisation and he lost out on his first choice to study pharmacy at Trinity College .
He claims he had a legitimate expectation the historical school data would be included and the decision to exclude it was unlawful , unfair , unreasonable and irrational .
The judge will rule next week on a number of pre-trial applications heard by him over some four days this week and last .
These include whether or not to permit the cross-examination of Ms Feeney and other public servants @ @ @ @ @ @ @ general of the Department of Education , at the Sherry hearing .
The cross-examination , sought by Mr Sherry ’ s side , was opposed by the respondents .
They also opposed Mr Sherry ’ s bid for orders requiring the State side to provide him with certain data models considered during the calculated grades process .
In another pre-trial application , the Minister and the State want the judge to rule that a memo provided to Cabinet when it approved exclusion of historical school data from the calculated grades can not be @ @ @ @ @ @ @ , to Mr Sherry ’ s side .

The director of the calculated grades office has rejected claims that a document circulated by her contained “scathing criticisms” of the exclusion of historical school data from a calculated grades model, the High Court has heard.
Andrea Feeney had said in an affidavit she had made no “scathing criticisms” of the data and had also said the document was not a briefing document for the Minister for Education, Eileen Barrington SC, for the Minister and State, said.
Ms Feeney had said a reference to some students being “thrown under the bus” if historical school data was excluded was a note outlining possible criticisms of the exclusion of such data and not an expression of her own view, counsel said.
Ms Feeney had said she had been asked by officials in the department to provide background information on calculated grades systems in other jurisdictions. The document was intended for her colleagues to draw upon and reflected her notes further to a “brain-storming” session.
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The confidential document was circulated on August 18th following a controversy over grade standardisation models in the UK which had included historical school data.
Entitled Update; National Standardisation; Calculated Grades, the 11-page document examined UK statistical models and how those differed from a draft calculated grades model here.
On September 1st, the Cabinet approved an August 21st decision by the Minister that historical school data should be excluded from the calculated grades process.
Ms Feeney and a number of other public servants have provided affidavits on behalf of the Minister and State in opposing a challenge by Freddie Sherry, a student at Dublin’s Belvedere College, over the exclusion decision.
Mr Justice Charles Meenan, who is case managing the litigation, said on Thursday, given the issues raised, and because this case was the lead case of 30 other cases over grade standardisation, it must be heard as soon as possible. He fixed December 8th for the full hearing, expected to last two weeks.
Because the Sherry case is the lead case, the rights and entitlements of parties in the other cases had been put on hold, the judge noted. He was also conscious students may be physically sitting the 2021 Leaving Cert in about six months, with oral exams scheduled for Easter and, if that was not possible due to public health considerations, calculated grades might again be required.
He considered the core issue in Mr Sherry’s case is whether the Government decision to exclude historical school data from the calculated grades process was unlawful or not and said the sides should focus on that.
In his action, Mr Sherry, from Newtown, Celbridge, Co Kildare, says he was “hugely disappointed” the CAO points total of 542 for him estimated by his teachers was reduced to 487 under the grade standardisation and he lost out on his first choice to study pharmacy at Trinity College.
He claims he had a legitimate expectation the historical school data would be included and the decision to exclude it was unlawful, unfair, unreasonable and irrational.
The judge will rule next week on a number of pre-trial applications heard by him over some four days this week and last. These include whether or not to permit the cross-examination of Ms Feeney and other public servants, including Dalton Tatton, assistant secretary general of the Department of Education, at the Sherry hearing.
The cross-examination, sought by Mr Sherry’s side, was opposed by the respondents. They also opposed Mr Sherry’s bid for orders requiring the State side to provide him with certain data models considered during the calculated grades process.
In another pre-trial application, the Minister and the State want the judge to rule that a memo provided to Cabinet when it approved exclusion of historical school data from the calculated grades cannot be disclosed, on grounds of Cabinet confidentiality, to Mr Sherry’s side.


theirishtimes--2020-11-26--High Court president meets HSE to ensure best services for wards of court

The president of the High Court has met the HSE ’ s head of disability operations in a bid to ensure the “ best possible ” services for wards of court affected by restrictions resulting from the Covid-19 pandemic .
Ms Justice Mary Irvine , who manages the court ’ s wardship list , had expressed concerns in a number of cases that wards should not be excessively confined in their placements as a result of Covid-19 .
Her concerns arose because Covid-19 has impacted on access of wards to trips and outings outside their placements and on their participation @ @ @ @ @ @ @ had requested the HSE to examine the position in the context of a number of wardship cases , particularly relating to young people who are wards .
Ms Justice Niamh Hyland , who also deals with wardship matters , has expressed particular concern about the impact of Covid-19 restrictions on wards who are based in hospitals for long periods .
On Thursday , Ms Justice Irvine said she had a “ very helpful ” meeting with Dr Cathal Morgan , the head of the HSE ’ s disability operations , that morning in @ @ @ @ @ @ @ .
Dr Morgan is to bring forward proposals to ensure the “ best possible services ” are provided to wards , particularly young people , while the pandemic continues , the judge said .
She made the comments when dealing with a wardship matter concerning a vulnerable young woman from a very impoverished background .
The woman has addiction and other issues and a past history of exploitation by certain family members and others .
Aged in her early 30s , she was reported to have made good progress following her placement in @ @ @ @ @ @ @ judge welcomed reports showing the HSE has taken steps to ensure the woman continues , despite Covid-19 restrictions , to have various outings , activities and therapies from which she has benefited .
Mairead McKenna BL , for the HSE , indicated it was also hoped the woman would be able to see certain family members over Christmas .
The judge was told the general consensus of the professionals involved in the woman ’ s care is that she would not be able to engage with an online course .
She will be @ @ @ @ @ @ @ which she had expressed an interest when Covid-19 restrictions are lifted , it was stated .
The judge said the reports were very helpful and showed that every potential the woman has is being explored .
Although the court appreciated that pursuing an online course would present more difficulties , the professionals should keep in the back of their minds that , for anyone to engage in the community at all , they will need to be able to navigate technology , the judge said .
All that can be done to support @ @ @ @ @ @ @ done , she said .

On Thursday, Ms Justice Irvine said she had a “very helpful” meeting with Dr Cathal Morgan, the head of the HSE’s disability operations in relation to the Covid-19 impact on wards. Photograph: Tom Honan for The Irish Times.
The president of the High Court has met the HSE’s head of disability operations in a bid to ensure the “best possible” services for wards of court affected by restrictions resulting from the Covid-19 pandemic.
Ms Justice Mary Irvine, who manages the court’s wardship list, had expressed concerns in a number of cases that wards should not be excessively confined in their placements as a result of Covid-19.
Her concerns arose because Covid-19 has impacted on access of wards to trips and outings outside their placements and on their participation in outside courses and activities.
She had requested the HSE to examine the position in the context of a number of wardship cases, particularly relating to young people who are wards.
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Ms Justice Niamh Hyland, who also deals with wardship matters, has expressed particular concern about the impact of Covid-19 restrictions on wards who are based in hospitals for long periods.
On Thursday, Ms Justice Irvine said she had a “very helpful” meeting with Dr Cathal Morgan, the head of the HSE’s disability operations, that morning in relation to the Covid-19 impact on wards.
Dr Morgan is to bring forward proposals to ensure the “best possible services” are provided to wards, particularly young people, while the pandemic continues, the judge said.
She made the comments when dealing with a wardship matter concerning a vulnerable young woman from a very impoverished background.
The woman has addiction and other issues and a past history of exploitation by certain family members and others.
Aged in her early 30s, she was reported to have made good progress following her placement in a high support care facility.
The judge welcomed reports showing the HSE has taken steps to ensure the woman continues, despite Covid-19 restrictions, to have various outings, activities and therapies from which she has benefited.
Mairead McKenna BL, for the HSE, indicated it was also hoped the woman would be able to see certain family members over Christmas.
The judge was told the general consensus of the professionals involved in the woman’s care is that she would not be able to engage with an online course .
She will be facilitated in attending a particular course in which she had expressed an interest when Covid-19 restrictions are lifted, it was stated.
The judge said the reports were very helpful and showed that every potential the woman has is being explored.
Although the court appreciated that pursuing an online course would present more difficulties, the professionals should keep in the back of their minds that, for anyone to engage in the community at all, they will need to be able to navigate technology, the judge said.
All that can be done to support the woman in that regard should be done, she said.


theirishtimes--2020-11-26--Man accused of assault on Kevin Lunney alleges DNA was ‘planted’ on van

One of the four men accused of falsely imprisoning and assaulting Quinn Industrial Holdings ( QIH ) director Kevin Lunney has complained to the Garda ombudsman that DNA was “ planted ” on a van that he says was deliberately destroyed in a fire so it would not be made available to the defence , the Special Criminal Court was told on Thursday .
However , lawyers for the State told the three-judge court that the fire began accidentally .
The non-jury court will rule next month on whether the 12-week trial can go ahead in January as scheduled after @ @ @ @ @ @ @ applied to adjourn the case .
Luke O ’ Reilly ( 66 ) , with an address at Mullahoran Lower , Kilcogy , Co Cavan ; Darren Redmond ( 25 ) , from Caledon Road , East Wall , Dublin 3 ; Alan O ’ Brien ( 39 ) , of Shelmalier Road , East Wall , Dublin 3 and the fourth accused man , who can not be named for legal reasons , are all charged with false imprisonment and assault causing serious harm to Mr Lunney at Drumbrade , Ballinagh , @ @ @ @ @ @ @ .
Mr Lunney ( 50 ) , was abducted close to his home in Co Fermanagh on September 17th .
The businessman ’ s leg was broken , he was doused in bleach and the letters QIH were carved into his chest during the two-and-a-half hour ordeal before he was dumped on a roadside in Co Cavan .
The four defendants were sent forward for trial before the Special Criminal Court last March and the non-jury court has fixed January 11th , 2021 as their trial date .
It is expected to last @ @ @ @ @ @ @ ’ Higgins SC , for the unnamed man , told the three-judge court today that he was applying to adjourn the trial in January on four grounds .
The barrister said the first ground concerned “ the volume of disclosure ” and in his submission there was no reasonable prospect that the material would be scrutinised in the available time .
“ My client said he wants to see the material himself and go through it and that is not an unreasonable request , ” he added .
Secondly , Mr O ’ @ @ @ @ @ @ @ being brought by the defendants against the Special Criminal Court ’ s jurisdiction to try the matter .
The High Court has set a hearing for February 23rd and the correct thing to do was to adjourn the trial pending the outcome of the judicial review matter , he said , adding that there was “ no stay ” in place .
Furthermore , Mr O ’ Higgins said there was also important DNA evidence found on an abandoned Renault Kangoo van , which went on fire from an electrical fault .
He @ @ @ @ @ @ @ investigation into the fire and it did not seem unreasonable to wait for the outcome .
The three-judge court has heard that a van used in the alleged abduction of Mr Lunney was seized by gardaí during the investigation .
However , the Special Criminal Court was previously told that the vehicle may have been “ accidentally burned ” while in the possession of gardaí .
In addition , Mr O ’ Higgins argued that the law on the retention and accessing of mobile phone data was in a “ state of flux @ @ @ @ @ @ @ have certainty on these issues before the trial commenced .
He submitted that three decisions are awaited from the European Court of Justice ( ECJ ) and it was “ inconceivable ” that the trial should proceed in circumstances where the law was unknown .
The barrister said it would be necessary for the Supreme Court to write a judgment once the reference had been answered by the ECJ and outline where it “ fitted ” into Irish law , something which the superior court is not currently in a position to do @ @ @ @ @ @ @ Redmond , said he adopted Mr O ’ Higgins position concerning the mobile phone data and he also wanted to understand what had happened to the van in the fire .
In reply , Sean Guerin SC on behalf of the Director of Public Prosecutions ( DPP ) , said he was opposing the application for an adjournment of the trial .
Mr Guerin called the application regarding the issue of the retention of mobile phones an “ illusory ” one and said the Special Criminal Court should proceed to exercise its jurisdiction @ @ @ @ @ @ @ said the case involved very serious violence to a person and the State had an obligation to ensure the prosecution and vindicate the personal rights of the victim .
“ That requires a trial as early as possible , ” he added .
Mr Guerin said the van , which had come into the possession of gardaí , had Mr Lunney ’ s DNA on it and allegedly that of one of the accused men .
Mr Guerin said the fourth accused , who can not be named for legal reasons , had @ @ @ @ @ @ @ evidence was “ planted ” on the vehicle , before it was destroyed in order that it would not be made available to the defence .
There was CCTV footage available , which had been disclosed to the defence , and it showed a “ bank of sockets ” overloaded with phone chargers inside the van , said Mr Guerin .
He explained that one could see the electricals beginning to spark , a fire taking hold and destroying the premises on the footage.The lawyer said the vehicle was not available as it @ @ @ @ @ @ @ had begun accidentally .
Mr Justice Tony Hunt presiding , sitting with Judge Sarah Berkeley and Judge Michael Walsh , said there was a “ fair bit to think about and weigh up ” .
The three-judge court will rule on the proposed adjournment of the trial on December 7th .

Kevin Lunney (above) was abducted close to his home in Co Fermanagh on September 17th. The non-jury court will rule next month on whether the 12-week trial can go ahead in January as scheduled after lawyers for the four accused on Thursday applied to adjourn the case. Photograph: Quinn Industrial Holdings/PA
One of the four men accused of falsely imprisoning and assaulting Quinn Industrial Holdings (QIH) director Kevin Lunney has complained to the Garda ombudsman that DNA was “planted” on a van that he says was deliberately destroyed in a fire so it would not be made available to the defence, the Special Criminal Court was told on Thursday.
However, lawyers for the State told the three-judge court that the fire began accidentally.
The non-jury court will rule next month on whether the 12-week trial can go ahead in January as scheduled after lawyers for the four accused on Thursday applied to adjourn the case.
Luke O’Reilly (66), with an address at Mullahoran Lower, Kilcogy, Co Cavan; Darren Redmond (25), from Caledon Road, East Wall, Dublin 3; Alan O’Brien (39), of Shelmalier Road, East Wall, Dublin 3 and the fourth accused man, who cannot be named for legal reasons, are all charged with false imprisonment and assault causing serious harm to Mr Lunney at Drumbrade, Ballinagh, Co Cavan on September 17th, 2019.
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Mr Lunney (50),was abducted close to his home in Co Fermanagh on September 17th. The businessman’s leg was broken, he was doused in bleach and the letters QIH were carved into his chest during the two-and-a-half hour ordeal before he was dumped on a roadside in Co Cavan.
The four defendants were sent forward for trial before the Special Criminal Court last March and the non-jury court has fixed January 11th, 2021 as their trial date. It is expected to last 12 weeks.
Defence counsel Michael O’Higgins SC, for the unnamed man, told the three-judge court today that he was applying to adjourn the trial in January on four grounds.
The barrister said the first ground concerned “the volume of disclosure” and in his submission there was no reasonable prospect that the material would be scrutinised in the available time. “My client said he wants to see the material himself and go through it and that is not an unreasonable request,” he added.
Secondly, Mr O’Higgins said High Court challenges are also being brought by the defendants against the Special Criminal Court’s jurisdiction to try the matter. The High Court has set a hearing for February 23rd and the correct thing to do was to adjourn the trial pending the outcome of the judicial review matter, he said, adding that there was “no stay” in place.
Furthermore, Mr O’Higgins said there was also important DNA evidence found on an abandoned Renault Kangoo van, which went on fire from an electrical fault. He submitted that Gsoc was carrying out an investigation into the fire and it did not seem unreasonable to wait for the outcome.
The three-judge court has heard that a van used in the alleged abduction of Mr Lunney was seized by gardaí during the investigation. However, the Special Criminal Court was previously told that the vehicle may have been “accidentally burned” while in the possession of gardaí.
In addition, Mr O’Higgins argued that the law on the retention and accessing of mobile phone data was in a “state of flux” in Ireland and one needed to have certainty on these issues before the trial commenced. He submitted that three decisions are awaited from the European Court of Justice (ECJ) and it was “inconceivable” that the trial should proceed in circumstances where the law was unknown.
The barrister said it would be necessary for the Supreme Court to write a judgment once the reference had been answered by the ECJ and outline where it “fitted” into Irish law, something which the superior court is not currently in a position to do.
Michael Bowman SC, for Mr Redmond, said he adopted Mr O’Higgins position concerning the mobile phone data and he also wanted to understand what had happened to the van in the fire.
In reply, Sean Guerin SC on behalf of the Director of Public Prosecutions (DPP), said he was opposing the application for an adjournment of the trial. Mr Guerin called the application regarding the issue of the retention of mobile phones an “illusory” one and said the Special Criminal Court should proceed to exercise its jurisdiction to hear the criminal allegation.
He said the case involved very serious violence to a person and the State had an obligation to ensure the prosecution and vindicate the personal rights of the victim. “That requires a trial as early as possible,” he added.
Mr Guerin said the van, which had come into the possession of gardaí, had Mr Lunney’s DNA on it and allegedly that of one of the accused men.
Mr Guerin said the fourth accused, who cannot be named for legal reasons, had made a complaint to Gsoc that DNA evidence was “planted” on the vehicle, before it was destroyed in order that it would not be made available to the defence.
There was CCTV footage available, which had been disclosed to the defence, and it showed a “bank of sockets” overloaded with phone chargers inside the van, said Mr Guerin. He explained that one could see the electricals beginning to spark, a fire taking hold and destroying the premises on the footage.The lawyer said the vehicle was not available as it was destroyed by a fire, which had begun accidentally.
Mr Justice Tony Hunt presiding, sitting with Judge Sarah Berkeley and Judge Michael Walsh, said there was a “fair bit to think about and weigh up”. The three-judge court will rule on the proposed adjournment of the trial on December 7th.


theirishtimes--2020-11-26--Future Dublin bus services may be less frequent than planned due to Covid-19

Bus services in Dublin could become less frequent than had originally been planned under the new BusConnects programme , due to the long-term consequences of the coronavirus pandemic , the National Transport Authority ( NTA ) has said .
A redesigned bus network for Dublin , which was to see a 23 per cent increase in the level of bus services , is due to be implemented from next year .
However , deputy NTA chief executive Hugh Creegan has said the pandemic may affect the frequency of buses required in the future , given a possible increase in remote @ @ @ @ @ @ @ Covid-19 .
“ Instead of X number of buses along a particular corridor , it may be that X-1 number of buses is required , ” he said .
However , he said it was unlikely the “ core system ” of the new BusConnects network would need to be changed because of the pandemic .
Mr Creegan was speaking on Thursday at the launch of the NTA ’ s review of the Greater Dublin Area Transport Strategy .
Potential rail lines to Navan , Rathfarnham and UCD will be assessed as part @ @ @ @ @ @ @ strategy , which was published in 2016 .
The extension of an existing rail line from the M3 Parkway to Navan had been shelved in 2016 .
However , Mr Creegan said the NTA would next month be seeking a team to assess the potential for the line .
The potential for metro services to Terenure , Rathfarnham and Knocklyon and to UCD and Sandyford will also be assessed as part of the review .
Minister for Transport Eamon Ryan is on record as favouring rerouting existing plans for a southside metro line @ @ @ @ @ @ @ the launch on Thursday , NTA chief executive Anne Graham said this “ Metro South ” was “ required [ to ] serve extensions of the Luas lines into Bray ” .
Mr Creegan said it was likely two new southern metro lines under assessment would be considered as “ individual projects ” rather than extensions of the existing plans .
The NTA hopes to make an application to An Bord Pleanála for the MetroLink from Swords and Dublin Airport to the city centre in April .
The line had been intended to @ @ @ @ @ @ @ last year shelved , with the NTA announcing that the line would terminate at Charlemont at the Grand Canal near Ranelagh where it meets the Luas Green line .
However , the NTA at the time said it would tunnel past the Charlemont stop to allow the conversion of the southside Luas Green line to metro “ to occur at an appropriate point in the future ” , but the upgrade would not be required “ for some time , perhaps 20 years or so ” .
The review of the strategy will @ @ @ @ @ @ @ , and is expected to take a year to complete .
The NTA has published an “ issues paper ” as part of the review , asking the public to provide their views and objectives as part of a preliminary consultation process .
A second consultation process will take place about the middle of next year , following the development of draft strategy proposals .

Bus services in Dublin could be less frequent than had originally been planned under the new BusConnects programme, the National Transport Authority has said. File photograph: Alan Betson/The Irish Times
Bus services in Dublin could become less frequent than had originally been planned under the new BusConnects programme, due to the long-term consequences of the coronavirus pandemic, the National Transport Authority (NTA) has said.
A redesigned bus network for Dublin, which was to see a 23 per cent increase in the level of bus services, is due to be implemented from next year.
However, deputy NTA chief executive Hugh Creegan has said the pandemic may affect the frequency of buses required in the future, given a possible increase in remote working and education as a result of Covid-19.
“Instead of X number of buses along a particular corridor, it may be that X-1 number of buses is required,” he said. However, he said it was unlikely the “core system” of the new BusConnects network would need to be changed because of the pandemic.
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Mr Creegan was speaking on Thursday at the launch of the NTA’s review of the Greater Dublin Area Transport Strategy.
Potential rail lines to Navan, Rathfarnham and UCD will be assessed as part of the review of the €10.3 billion strategy, which was published in 2016.
The extension of an existing rail line from the M3 Parkway to Navan had been shelved in 2016. However, Mr Creegan said the NTA would next month be seeking a team to assess the potential for the line.
The potential for metro services to Terenure, Rathfarnham and Knocklyon and to UCD and Sandyford will also be assessed as part of the review. Minister for Transport Eamon Ryan is on record as favouring rerouting existing plans for a southside metro line to Rathfarnham.
However, speaking at the launch on Thursday, NTA chief executive Anne Graham said this "Metro South" was "required [to] serve extensions of the Luas lines into Bray". Mr Creegan said it was likely two new southern metro lines under assessment would be considered as "individual projects" rather than extensions of the existing plans.
MetroLink
The NTA hopes to make an application to An Bord Pleanála for the MetroLink from Swords and Dublin Airport to the city centre in April. The line had been intended to continue to Sandyford, but this was last year shelved, with the NTA announcing that the line would terminate at Charlemont at the Grand Canal near Ranelagh where it meets the Luas Green line.
However, the NTA at the time said it would tunnel past the Charlemont stop to allow the conversion of the southside Luas Green line to metro “to occur at an appropriate point in the future”, but the upgrade would not be required “for some time, perhaps 20 years or so”.
The review of the strategy will establish the priority projects up to 2042, and is expected to take a year to complete.
The NTA has published an “issues paper” as part of the review, asking the public to provide their views and objectives as part of a preliminary consultation process. A second consultation process will take place about the middle of next year, following the development of draft strategy proposals.


theirishtimes--2020-11-26--Up to 2,000 cancers may be ‘lost’ because of Covid disruption

Up to 2,000 cancers may have been “ lost ” as a result of the disruption caused by the Covid-19 pandemic , according to the head of the National Cancer Control Programme .
The figure is an estimate and Prof Risteárd Ó Laoide , national director of the programme , says he hopes it can be reduced as more patients present later this year .
Activity at rapid access breast , lung and prostate cancer clinics fell off sharply in the spring but has since recovered to such an extent that attendances are now greater than they were in 2019 @ @ @ @ @ @ @ in March across the three clinics but now stand at 107 per cent compared to last year , Prof Ó Laoide told the weekly HSE briefing on Thursday .
Breast clinic referrals are at 109 per cent , lung clinics at 91 per cent and prostate at 92 per cent .
Attendances at the three clinics this year is 90 per cent of last year ’ s figure ; breast clinics have recovered from 64 per cent to 92 per cent , lung from 67 per cent to 91 per cent and prostate @ @ @ @ @ @ @ cent , Prof Ó Laoide said .
The number of breast , lung and prostate cancers diagnosed this year is 90 per cent of last year ’ s figure ; the individual figures are 100 per cent for breast cancer , 96 per cent for lung cancer ; and 65 per cent for prostate cancer .
These three types of cancer account for about 20 per cent of all cancers , leading to the wider estimate of cancers lost .
The number of cancer patients treated so far this year is 3,114 , @ @ @ @ @ @ @ last year .
Chemotherapy uptake has improved from 67 per cent to 85 per cent ; for radiation oncology from 80 per cent to 90 per cent ; and surgical oncology from 37 per cent to 70 per cent .
Asked about the potential impact of the lost cases , Prof Ó Laoide said this wouldn ’ t be know until detailed data about diagnoses was published in a few years ’ time .
The impact will vary for different cancers and for different patients .
It would be less for prostate cancer @ @ @ @ @ @ @ lung , because this cancer grows more slowly .
The older a patient , too , the less the effect because the growth the cancer may be slower and other causes of death can intervene , he said .
Prof Ó Laoide said endoscopy services were the worst affected last spring , with a 90 per cent drop in attendances , but this was not back to 80 per cent activity .
He said the NCCP ’ s approach has been to seek out the most urgent cases to be seen quickly .
@ @ @ @ @ @ @ new IT solutions put in place .
“ We ’ re trying to maximise our activity , but this is difficult because we were already stretched before Covid and new work practices to protect against the virus have slowed up services .
We were running at full speed before ; now , we ’ re doing it with two stones on our back.
” HSE bosses said the health services was going into winter in a stronger position than last year , though the position was fragile due to Covid-19 .
Attendances at @ @ @ @ @ @ @ and trolley numbers are 70 per cent down .
However , HSE chief executive Paul Reid said that despite improving trends , the number of Covid-19 patients in hospital and ICU remained “ stuck ” .
He also expressed concern about virus outbreaks in hospitals in Tallaght , Loughlinstown , Letterkenny , Limerick , Naas and Kilkenny .
Some 535 staff at the hospitals are currently off work due to infection or being a contact , up from 450 last week .
One of those hospitals , St Columcille ’ s , Loughlinstown @ @ @ @ @ @ @ of confirmed Covid-19 patients had fallen at the hospital from 31 to 28 .
The number of staff currently unavailable had dropped from 58 to 27 , with a further three staff members to return to work on Friday .
The HSE briefing heard that seven nursing homes are currently categorised as being at significant risk , down from 10 last week .
The reproductive number currently stands at 0.7-0.9 , HSE chief clinical officer Dr Colm Henry said .
Mr Reid said there was now “ light at the end of a @ @ @ @ @ @ @ But whatever was decided this week in terms of the easing of restrictions , it was vital that people continued to protect themselves , their families and their friends , he said .
In schools , 772 cases have been detected out of 27,110 tests , a positivity rate of 2.7 per cent .
The positivity rate from serial testing in nursing homes is 0.4 per cent , while in food plants , it is 0.7 per cent .
At the start of the briefing , Mr Reid expressed his condolences on the @ @ @ @ @ @ @ settled a case against the HSE and a testing laboratory over the misreading of her CervicalCheck slides .
Mr Reid , who said he had spoken to Ms Carrick ’ s husband last week , apologised for “ negligence and misreading ” of Mrs Carrick ’ s smear tests .

Prof Risteárd Ó Laoide, national director of the National Cancer Control Programme, HSE speaking at the Health Service Executive weekly press briefing in Dublin. Photograph: Marc O’Sullivan
Up to 2,000 cancers may have been “lost” as a result of the disruption caused by the Covid-19 pandemic, according to the head of the National Cancer Control Programme.
The figure is an estimate and Prof Risteárd Ó Laoide, national director of the programme, says he hopes it can be reduced as more patients present later this year.
Activity at rapid access breast, lung and prostate cancer clinics fell off sharply in the spring but has since recovered to such an extent that attendances are now greater than they were in 2019.
Referrals fell to 64 per cent in March across the three clinics but now stand at 107 per cent compared to last year, Prof Ó Laoide told the weekly HSE briefing on Thursday.
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Breast clinic referrals are at 109 per cent, lung clinics at 91 per cent and prostate at 92 per cent.
Attendances at the three clinics this year is 90 per cent of last year’s figure; breast clinics have recovered from 64 per cent to 92 per cent, lung from 67 per cent to 91 per cent and prostate from 40 per cent to 76 per cent, Prof Ó Laoide said.
The number of breast, lung and prostate cancers diagnosed this year is 90 per cent of last year’s figure; the individual figures are 100 per cent for breast cancer, 96 per cent for lung cancer; and 65 per cent for prostate cancer.
These three types of cancer account for about 20 per cent of all cancers, leading to the wider estimate of cancers lost.
The number of cancer patients treated so far this year is 3,114, compared to 3,492 in the same period last year.
Chemotherapy uptake has improved from 67 per cent to 85 per cent; for radiation oncology from 80 per cent to 90 per cent; and surgical oncology from 37 per cent to 70 per cent.
Asked about the potential impact of the lost cases, Prof Ó Laoide said this wouldn’t be know until detailed data about diagnoses was published in a few years’ time.
The impact will vary for different cancers and for different patients. It would be less for prostate cancer patients, for example, than for lung, because this cancer grows more slowly.
The older a patient, too, the less the effect because the growth the cancer may be slower and other causes of death can intervene, he said.
Double-burden
Prof Ó Laoide said endoscopy services were the worst affected last spring, with a 90 per cent drop in attendances, but this was not back to 80 per cent activity.
He said the NCCP’s approach has been to seek out the most urgent cases to be seen quickly. Weekend clinics had been organised, and new IT solutions put in place.
“We’re trying to maximise our activity, but this is difficult because we were already stretched before Covid and new work practices to protect against the virus have slowed up services. We were running at full speed before; now, we’re doing it with two stones on our back.”
HSE bosses said the health services was going into winter in a stronger position than last year, though the position was fragile due to Covid-19.
Attendances at emergency departments are down 15 per cent and trolley numbers are 70 per cent down.
However, HSE chief executive Paul Reid said that despite improving trends, the number of Covid-19 patients in hospital and ICU remained "stuck".
He also expressed concern about virus outbreaks in hospitals in Tallaght, Loughlinstown, Letterkenny, Limerick, Naas and Kilkenny. Some 535 staff at the hospitals are currently off work due to infection or being a contact, up from 450 last week.
One of those hospitals, St Columcille’s, Loughlinstown, said on Thursday that the number of confirmed Covid-19 patients had fallen at the hospital from 31 to 28.
The number of staff currently unavailable had dropped from 58 to 27, with a further three staff members to return to work on Friday.
The HSE briefing heard that seven nursing homes are currently categorised as being at significant risk, down from 10 last week.
The reproductive number currently stands at 0.7-0.9, HSE chief clinical officer Dr Colm Henry said.
Mr Reid said there was now “light at the end of a very long, dark tunnel”.
But whatever was decided this week in terms of the easing of restrictions, it was vital that people continued to protect themselves, their families and their friends, he said.
In schools, 772 cases have been detected out of 27,110 tests, a positivity rate of 2.7 per cent.
The positivity rate from serial testing in nursing homes is 0.4 per cent, while in food plants, it is 0.7 per cent.
At the start of the briefing, Mr Reid expressed his condolences on the death of Patricia Carrick, who recently settled a case against the HSE and a testing laboratory over the misreading of her CervicalCheck slides.
Mr Reid, who said he had spoken to Ms Carrick’s husband last week, apologised for “negligence and misreading” of Mrs Carrick’s smear tests.


theirishtimes--2020-11-26--Refusal of protection for woman fleeing forced marriage must be reconsidered

A High Court judge has directed a reconsideration of a refusal of protection for a young woman who fled South Africa because her tribal leader father was forcing her into an arranged marriage to an older local chief .
Ms Justice Tara Burns said the 22-year-old woman ’ s case must be reconsidered by the International Protection Appeals Tribunal ( Ipat ) .
The judge was satisfied the Ipat erred in its analysis of the 2015 International Protection Act covering circumstances where a person at risk of persecution in one part of a country could find sanctuary in another part @ @ @ @ @ @ @ here in March 2018 when she applied for protection on the grounds she was a victim of gender-based violence and threats , arising from her efforts to avoid an arranged marriage .
Her father had arranged her marriage to the head of another family who was much older than her with the purpose of settling a dispute between the families .
She left South Africa to avoid the marriage and claimed she could not return as she would be subjected to severe punishment from her father for having run away .
She had @ @ @ @ @ @ @ marriage .
Her application for protection was refused and she appealed to the Ipat which accepted she was chosen to take part in the arranged marriage .
It was also accepted she had been subjected to an examination to establish her virginity and to physical violence from her father when she said she did not want to get married to the other chief .
The Ipat found there was not adequate state protection in South Africa for her but she could be internally located in that country to avoid persecution .
Cape Town @ @ @ @ @ @ @ could be anonymous there and get a job .
She argued her father would find her and she would find it difficult to get a job and end up on the streets and in prostitution .
The Ipat refused her protection claim and she brought High Court proceedings .
In her judgment , Ms Justice Burns found there was a failure by the Ipat to engage in any kind of analysis regarding State support for her .
The judge failed to see how it came to the conclusion she could stay in Cape @ @ @ @ @ @ @ , including lack of family support , and the general conditions prevailing on the ground .
She said she would not quash the decision , as sought by the woman , but would remit the matter to the Ipat for re-consideration in line with the court ’ s findings .

A High Court judge has directed a reconsideration of a refusal of protection for a young woman who fled South Africa because her tribal leader father was forcing her into an arranged marriage to an older local chief.
Ms Justice Tara Burns said the 22-year-old woman’s case must be reconsidered by the International Protection Appeals Tribunal (Ipat).
The judge was satisfied the Ipat erred in its analysis of the 2015 International Protection Act covering circumstances where a person at risk of persecution in one part of a country could find sanctuary in another part of that country.
The woman arrived here in March 2018 when she applied for protection on the grounds she was a victim of gender-based violence and threats, arising from her efforts to avoid an arranged marriage.
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Her father had arranged her marriage to the head of another family who was much older than her with the purpose of settling a dispute between the families.
She left South Africa to avoid the marriage and claimed she could not return as she would be subjected to severe punishment from her father for having run away. She had previously run away to avoid the proposed marriage.
Her application for protection was refused and she appealed to the Ipat which accepted she was chosen to take part in the arranged marriage.
It was also accepted she had been subjected to an examination to establish her virginity and to physical violence from her father when she said she did not want to get married to the other chief.
The Ipat found there was not adequate state protection in South Africa for her but she could be internally located in that country to avoid persecution.
Cape Town was suggested because it was argued she could be anonymous there and get a job. She argued her father would find her and she would find it difficult to get a job and end up on the streets and in prostitution.
The Ipat refused her protection claim and she brought High Court proceedings.
In her judgment, Ms Justice Burns found there was a failure by the Ipat to engage in any kind of analysis regarding State support for her.
The judge failed to see how it came to the conclusion she could stay in Cape Town having regard to her personal circumstances, including lack of family support, and the general conditions prevailing on the ground.
She said she would not quash the decision, as sought by the woman, but would remit the matter to the Ipat for re-consideration in line with the court’s findings.


theirishtimes--2020-11-26--Two in custody after refusing to pledge to stay away from Roscommon farm

Two men must remain in prison after they refused to give undertakings to stay away from a Co Roscommon farm , the scene of a controversial eviction in 2018 .
Michael Anthony McGann , who owns the property , and retired Garda Kevin Taylor of Dublin Road , Longford were remanded in custody on Wednesday by Ms Justice Leonie Reynolds .
They were committed to Mountjoy Prison over their failure to comply with court orders , made in favour of KBC bank , requiring them to vacate the property at Falsk , Strokestown .
When the matter returned before Ms @ @ @ @ @ @ @ , who gave evidence via video link from the prison , declined to give undertakings to comply with injunctions .
KBC , which obtained orders in 2018 granting it vacant possession of the farm , had claimed the men , despite court orders , had refused to leave the property .
Arising out of their refusal , gardaí arrested both men on Wednesday , Mr Taylor at his home in Longford , and Mr McGann at the property , and brought them to the High Court .
On Thursday afternoon , Rossa Fanning @ @ @ @ @ @ @ KBC , said it did not want to see the men remain in prison and their fate was “ in their own hands ” .
The property was being secured by KBC and in those circumstances , despite the long history of the proceedings , KBC would be satisfied if the men gave sworn undertakings to stay away from the farm , he said .
Mr McGann said he was not prepared to give such an undertaking .
He repeated claims previously made that KBC had committed a fraud , which he said @ @ @ @ @ @ @ the matter was being “ covered up ” .
Mr Taylor also declined to give an undertaking to stay away from the property .
He said he worked “ in the interests of justice for 30 years ” and , if he had to stay in “ prison for the rest of my life ” , then “ so be it ” .
Mr Taylor said he did not want a qualified solicitor to represent him but would accept advice from “ a common law solicitor ” .
Ms Justice Reynolds said she @ @ @ @ @ @ @ criminal lawyer to advise Mr Taylor in this matter .
Her only function was to ensure court orders had been complied with , the judge said .
She would not engage in what she described as “ conspiracy theories ” .
The 2018 High Court order requiring the farm to be vacated was never appealed , she noted .
In light of the men ’ s responses the judge said her hands were tied and she further remanded them in custody .
The matter will be reviewed next week , the judge said @ @ @ @ @ @ @ to the court to purge their contempt .
The farm in Falsk has been the subject of proceedings involving siblings Michael Anthony , David , and Geraldine McGann , and KBC Bank .
In October the siblings were brought before the court over their failure to leave the property on foot of an injunction secured by KBC .
They were released after giving undertakings to leave and to remove their livestock from the farm .
However , KBC returned to court claiming it was unable to secure possession of the property due to @ @ @ @ @ @ @ farm .
KBC got an order for possession of the farm several years ago arising out of a €431,000 debt on the property from a loan to its registered owner Michael Anthony McGann .
The McGanns 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 off the property by a group of masked men and a number of vehicles were burnt .
The McGanns , who were not involved in that incident , returned to @ @ @ @ @ @ @ seeking , and obtaining orders against them last March which were delayed due to the Covid-19 pandemic .

Two men must remain in prison after they refused to give undertakings to stay away from a Co Roscommon farm, the scene of a controversial eviction in 2018.
Michael Anthony McGann, who owns the property, and retired Garda Kevin Taylor of Dublin Road, Longford were remanded in custody on Wednesday by Ms Justice Leonie Reynolds.
They were committed to Mountjoy Prison over their failure to comply with court orders, made in favour of KBC bank, requiring them to vacate the property at Falsk, Strokestown.
When the matter returned before Ms Justice Reynolds on Thursday, both men, who gave evidence via video link from the prison, declined to give undertakings to comply with injunctions.
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KBC, which obtained orders in 2018 granting it vacant possession of the farm, had claimed the men, despite court orders, had refused to leave the property.
Arising out of their refusal, gardaí arrested both men on Wednesday, Mr Taylor at his home in Longford, and Mr McGann at the property, and brought them to the High Court.
On Thursday afternoon, Rossa Fanning SC, with Keith Rooney, for KBC, said it did not want to see the men remain in prison and their fate was “in their own hands”. The property was being secured by KBC and in those circumstances, despite the long history of the proceedings, KBC would be satisfied if the men gave sworn undertakings to stay away from the farm, he said.
Mr McGann said he was not prepared to give such an undertaking.
He repeated claims previously made that KBC had committed a fraud, which he said he could prove, perjury and that the matter was being “covered up”.
Mr Taylor also declined to give an undertaking to stay away from the property.
He said he worked “in the interests of justice for 30 years” and, if he had to stay in “prison for the rest of my life”, then “so be it”.
Mr Taylor said he did not want a qualified solicitor to represent him but would accept advice from “a common law solicitor”.
Ms Justice Reynolds said she was prepared to appoint a top independent criminal lawyer to advise Mr Taylor in this matter.
Her only function was to ensure court orders had been complied with, the judge said. She would not engage in what she described as “conspiracy theories”.
The 2018 High Court order requiring the farm to be vacated was never appealed, she noted.
In light of the men’s responses the judge said her hands were tied and she further remanded them in custody.
The matter will be reviewed next week, the judge said, adding they could apply any time to the court to purge their contempt. The farm in Falsk has been the subject of proceedings involving siblings Michael Anthony, David, and Geraldine McGann, and KBC Bank.
In October the siblings were brought before the court over their failure to leave the property on foot of an injunction secured by KBC. They were released after giving undertakings to leave and to remove their livestock from the farm.
However, KBC returned to court claiming it was unable to secure possession of the property due to the presence of several individuals on the farm.
KBC got an order for possession of the farm several years ago arising out of a €431,000 debt on the property from a loan to its registered owner Michael Anthony McGann.
The McGanns 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 off the property by a group of masked men and a number of vehicles were burnt.
The McGanns, who were not involved in that incident, returned to the house. That resulted in KBC seeking, and obtaining orders against them last March which were delayed due to the Covid-19 pandemic.


theirishtimes--2020-11-27--Child (4) stranded on Luas platform when separated from mother, court hears

A four-year-old child was left stranded and screaming on a rail platform when a Luas driver closed the doors before his mother could exit the tram , a judge heard today .
Barrister Fran Rooney told Judge John O ’ Connor in the Circuit Civil Court that Transdev Dublin Light Rail had offered the now 10-year-old Adam Fleming €40,000 damages to settle his personal injuries claim .
Mr Rooney , who appeared with Paul Byrne of B & P Byrne Solicitors , said Adam had been travelling on the Luas line with his mother , Tracey Connolly , in December @ @ @ @ @ @ @ boy had left the tram first and had been on the platform when the doors had closed on his mother , leaving him stranded .
Mr Rooney said Ms Connolly , of Bernard Curtis House , Bluebell , Dublin , had been unable to exit the Luas until the next stop at Blackhorse and get another Luas back to her terrified son .
He said she had found Adam shocked and traumatised and unable to make his position known to others because of his panic at the time .
The boy had since @ @ @ @ @ @ @ doctors but still remained fearful and anxious and had developed a clinging attitude to his parents and family members .
Mr Rooney told the court that following settlement negotiations in May 2018 he had brought an offer of €25,000 before the court which the boy ’ s legal team had refused to recommend for approval and which was agreed by the then Circuit Court President , Mr Justice Raymond Groarke .
He told Judge O ’ Connor that the transport company had since increased its settlement offer to €40,000 and he was now @ @ @ @ @ @ @ it .
Judge O ’ Connor approved the €40,000 settlement offer together with Circuit Court costs .

The boy’s mother had been unable to exit the Luas until the next stop at Blackhorse and get another Luas back to her terrified son. Photograph: Google Street View
A four-year-old child was left stranded and screaming on a rail platform when a Luas driver closed the doors before his mother could exit the tram, a judge heard today.
Barrister Fran Rooney told Judge John O'Connor in the Circuit Civil Court that Transdev Dublin Light Rail had offered the now 10-year-old Adam Fleming €40,000 damages to settle his personal injuries claim.
Mr Rooney, who appeared with Paul Byrne of B&P Byrne Solicitors, said Adam had been travelling on the Luas line with his mother, Tracey Connolly, in December 2014. At their Bluebell stop the boy had left the tram first and had been on the platform when the doors had closed on his mother, leaving him stranded.
Mr Rooney said Ms Connolly, of Bernard Curtis House, Bluebell, Dublin, had been unable to exit the Luas until the next stop at Blackhorse and get another Luas back to her terrified son.
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He said she had found Adam shocked and traumatised and unable to make his position known to others because of his panic at the time. The boy had since been treated in the care of two doctors but still remained fearful and anxious and had developed a clinging attitude to his parents and family members.
Mr Rooney told the court that following settlement negotiations in May 2018 he had brought an offer of €25,000 before the court which the boy's legal team had refused to recommend for approval and which was agreed by the then Circuit Court President, Mr Justice Raymond Groarke.
He told Judge O’Connor that the transport company had since increased its settlement offer to €40,000 and he was now recommending the court’s acceptance of it.
Judge O’Connor approved the €40,000 settlement offer together with Circuit Court costs.


theirishtimes--2020-11-27--PSNI to pay £875,000 in damages over arrest of journalists and raid on homes

The PSNI has agreed to pay significant damages to two journalists inappropriately arrested over material that appeared in a documentary on a Troubles massacre .
It is understood the PSNI has also agreed to delete material it seized from Trevor Birney and Barry McCaffrey when they raided their homes and offices in August 2018 .
It is understood that the PSNI has agreed to pay out £875,000 .
The total includes £600,000 to Fine Point Films , £150,000 to Mr Birney and £125,000 to Mr McCaffrey .
The news a settlement had been reached was announced during a brief hearing @ @ @ @ @ @ @ .
Mr McCaffrey and Mr Birney were arrested over the alleged theft of a police watchdog document that appeared in their film No Stone Unturned about a notorious loyalist massacre in Loughinisland during the Troubles .
Six men were shot dead while watching football in a pub in the Co Down village in the summer of 1994 .
Northern Ireland ’ s Lord Chief Justice Sir Declan Morgan welcomed the fact a settlement had been reached between the parties .
“ We congratulate the parties on finding an answer to this interesting and @ @ @ @ @ @ @ ” he told lawyers in Belfast High Court .
Last year , Sir Declan and other senior judges ruled search warrants used by police to search the journalists ’ home and their offices at Fine Point Films had been “ inappropriate ” .
This resulted in the criminal probe into the journalists being discontinued .
The original police operation had been undertaken by Durham Constabulary at the request of the PSNI amid conflict of interest concerns .
In the summer , Northern Ireland ’ s police chief Simon Byrne issued an unreserved apology @ @ @ @ @ @ @ the settlement , Mr Birney said : “ Today marks an end to the legal process I began in a police cell on August 31 2018 after being arrested and my home and offices raided by dozens of PSNI and Durham police .
“ We launched a judicial review in the face of the PSNI ’ s most egregious attack on journalism to protect our journalism , our sources , and press freedom itself .
“ Over the past two years , the PSNI fought our attempts to protect our journalism and sources @ @ @ @ @ @ @ They sought to defend their indefensible attack on press freedom right up until the judgment delivered by the Lord Chief Justice in July this year .
“ We have welcomed the current chief constable ’ s apology for the actions of the PSNI .
No such apology has been received by his predecessor George Hamilton , under whose leadership the PSNI arrested us .
“ Journalists in this jurisdiction now need to see Simon Byrne take all steps necessary to ensure accountability for the PSNI ’ s despicable attack on press freedom and @ @ @ @ @ @ @ been learned.
” Barry McCaffrey questioned why it had taken the PSNI so long to settle with them .
“ It ’ s a relief that it ’ s finally over but I don ’ t see why it took so long , ” he said .
“ This whole thing has cost the State millions .
“ Millions of pounds wasted for what ?
This could have been spent on Covid and people in hospitals , but somebody within the PSNI decided that public money , millions of pounds of public money @ @ @ @ @ @ @ Who ’ s going to be held to account ?
” he asked .
“ I support policing , we support proper policing , but this was the dark arts .
This was the dark forces .
This was an attack on press freedom .
And as far as we can see , those people have been allowed to escape , ” he said/ “ The Lord Chief Justice vindicated us .
He cleared our names and we ’ re very happy about that but the people that did this to us and @ @ @ @ @ @ @ freedom they have been allowed to escape .
We think that the Policing Board should investigate this , ” he said .

Journalists Barry McCaffrey (left) and Trevor Birney speak to the media outside Belfast High Court on Friday. Photograph: Peter Morrison/PA Wire
The PSNI has agreed to pay significant damages to two journalists inappropriately arrested over material that appeared in a documentary on a Troubles massacre.
It is understood the PSNI has also agreed to delete material it seized from Trevor Birney and Barry McCaffrey when they raided their homes and offices in August 2018.
It is understood that the PSNI has agreed to pay out £875,000.
The total includes £600,000 to Fine Point Films, £150,000 to Mr Birney and £125,000 to Mr McCaffrey.
READ MORE
The news a settlement had been reached was announced during a brief hearing at Belfast High Court on Friday morning.
Mr McCaffrey and Mr Birney were arrested over the alleged theft of a police watchdog document that appeared in their film No Stone Unturned about a notorious loyalist massacre in Loughinisland during the Troubles.
Six men were shot dead while watching football in a pub in the Co Down village in the summer of 1994.
Northern Ireland’s Lord Chief Justice Sir Declan Morgan welcomed the fact a settlement had been reached between the parties.
“We congratulate the parties on finding an answer to this interesting and difficult, but also important case,” he told lawyers in Belfast High Court.
Last year, Sir Declan and other senior judges ruled search warrants used by police to search the journalists’ home and their offices at Fine Point Films had been “inappropriate”.
This resulted in the criminal probe into the journalists being discontinued.
The original police operation had been undertaken by Durham Constabulary at the request of the PSNI amid conflict of interest concerns.
In the summer, Northern Ireland’s police chief Simon Byrne issued an unreserved apology to the two journalists.
Reacting to the settlement, Mr Birney said: “Today marks an end to the legal process I began in a police cell on August 31 2018 after being arrested and my home and offices raided by dozens of PSNI and Durham police.
“We launched a judicial review in the face of the PSNI’s most egregious attack on journalism to protect our journalism, our sources, and press freedom itself.
“Over the past two years, the PSNI fought our attempts to protect our journalism and sources every step of the way.
“They sought to defend their indefensible attack on press freedom right up until the judgment delivered by the Lord Chief Justice in July this year.
“We have welcomed the current chief constable’s apology for the actions of the PSNI. No such apology has been received by his predecessor George Hamilton, under whose leadership the PSNI arrested us.
“Journalists in this jurisdiction now need to see Simon Byrne take all steps necessary to ensure accountability for the PSNI’s despicable attack on press freedom and to assure the press that lessons have been learned.”
Barry McCaffrey questioned why it had taken the PSNI so long to settle with them. “It’s a relief that it’s finally over but I don’t see why it took so long,” he said.
“This whole thing has cost the State millions.
“Millions of pounds wasted for what? This could have been spent on Covid and people in hospitals, but somebody within the PSNI decided that public money, millions of pounds of public money, was going to be wasted. Who’s going to be held to account?” he asked.
“I support policing, we support proper policing, but this was the dark arts. This was the dark forces. This was an attack on press freedom. And as far as we can see, those people have been allowed to escape,” he said/
“The Lord Chief Justice vindicated us. He cleared our names and we’re very happy about that but the people that did this to us and that attacked the Fourth Estate and press freedom they have been allowed to escape. We think that the Policing Board should investigate this,” he said.


theirishtimes--2020-11-27--Forget Black Friday, welcome to Green Friday - 21 Irish retailers with great deals

Not so much a Black Friday list , this year , as a Green Friday one .
There are many sites all over the work pushing Black Friday deals today but here are just some of the homegrown places you might want to look in the hours and day s ahead .
If you spot a deal - or if you have a great deal to offer - drop us a line at cpope @ irsihtimes.com and we will update the list over the course of the day .
( Don ’ t forget to check out mybig list of @ @ @ @ @ @ @ .
Aer Lingus : Will we ever fly again ?
Yes , yes we will .
The airline is not having a Black Friday event it is having a Black Flyday one - see what they did there .
It is promising discounts of more than €100 on flights to the sun - remember them ?
- for families of four and has all sorts of other flights going for less than 30 quid .
Arnotts : The department store on Dublin ’ s Henry Street is not having a Black Friday sale @ @ @ @ @ @ @ Christmas Mega Event and promising up to 30 per cent knocked off most of its stock .
Avoca : There is up to 70 per cent off right now , the site tells us .
We had a quick gander and couldn ’ t find anything with that big a discount but there is certainly some good discounts on good quality clothes and stuff .
Brown Thomas : Just like its sister shop across the river , BT is not having a Black Friday sale .
It is , however , having a @ @ @ @ @ @ @ expect a wide array of high-end bags , fancy clothes and perfumes and a whole lot more selling for discounts of up to per cent .
Carraig Donn : There is no messing on this site .
They have 30 per cent off everything with the sale ending at midnight tonight .
Carrolls Irish Gifts : It ’ s not just for tourists .
There are all sorts of Irish brands , Celtic jewellery , knitwear and Christmassy stuff on offer at a discount of up to 60 per cent .
Chupi.com : @ @ @ @ @ @ @ offers .
If you spend €399 you get a gift coin worth €100 .
If you spend €599 you get a gift coin worth €150 all the way up to a gift coin worth €1,000 if you spend €5,000 .
DID : The big and Irish electronics retailer is going big for Black Friday and if you are in the market for a fridge or a washing machine or a TV or even a set of headphones then now might be the time .
There are too many offers to pick just one @ @ @ @ @ @ @ there is loads going on here .
Elvery ’ s : A nice simple offer from the sports people .
Buy 1 , Get 1 Half-Price on nearly everything for Black Friday with over 10,000 products to mix and match from .
The sale will end at midnight on Monday .
Eurocamp.ie : When it comes to family holidays it is hard to beat camping .
Eurocamp is offering up to 35 per cent off holidays at campsites across Europe until December 7th .
And for the times we live in , the @ @ @ @ @ @ @ mind guarantee ” .
If things are still bad when the time for your holiday comes , they will look after you .
Finders Keepers : Like a lot of small independent shops it does not support Black Friday as the discounts will really hurt them .
But it is donating 10 per cent of its sales to a women ’ s refuge and a lot of Irish companies do that instead .
Handyhardware.ie : This independent Irish hardware seller tells us it is offering up to 60 per cent off all manner @ @ @ @ @ @ @ Irish site selling baby stuff and toys .
Discounts of more than €200 on buggies , including an Uppababy Vista Pushchair which was €1078.99 and is now €849.99 - a saving of €229 .
There is a Silver Cross buggy down from €899 to €649 .
The Ergo baby carrier is down from €179 to €109 .
Saving on cots and feeding stuff and toys .
Kennys.ie : We are big fans of this Galway bookseller and promising discounts of up to 75 per cent plus other deals on fiction and kids books @ @ @ @ @ @ @ of lovely christmassy stuff with big discounts .
Skincare , art , jewellery and all with the hashtag # championgreen Kinvara Skincare : There is 20 per cent off everything with the sale set to end on Sunday night .
McCauleys : The Irish pharmacy group are offering up to 50 per cent off cameras , beauty products and all sorts of electronic gadgets and then more besides .
McElhinneys : Donegal ’ s favourite retailer is promising up to 50 per cent off selected designer and boutique brands .
O ’ Briens @ @ @ @ @ @ @ do well to stop by this site where there are discounts on hundreds of products .
Ryanair : Fly a friend for free with Ryanair .
Yep , they have an attractive looking buy one get one free deal which ends at midnight on Friday .
Smyths Toys : When we looked at the site on Friday morning there were 495 Black Friday offers covering everything from computer games to dolls and a lot more besides .

On yer bike: Irish retailers trading mostly online this Black Friday. In this photograph a man on a bike wearing a face mask pass the Dublin Chamber of Commerce building on Clare Street. Photograph: Gareth Chaney/Collins
Not so much a Black Friday list, this year, as a Green Friday one. There are many sites all over the work pushing Black Friday deals today but here are just some of the homegrown places you might want to look in the hours and day s ahead. If you spot a deal - or if you have a great deal to offer - drop us a line at cpope@irishtimes.com and we will update the list over the course of the day. (Don't forget to check out mybig list of Irish retailers trading online amid coronavirus restrictions.
Aer Lingus: Will we ever fly again? Yes, yes we will. The airline is not having a Black Friday event it is having a Black Flyday one - see what they did there. It is promising discounts of more than €100 on flights to the sun - remember them? - for families of four and has all sorts of other flights going for less than 30 quid.
Arnotts: The department store on Dublin's Henry Street is not having a Black Friday sale but it is having an excellent looking Christmas Mega Event and promising up to 30 per cent knocked off most of its stock.
Avoca: There is up to 70 per cent off right now, the site tells us. We had a quick gander and couldn't find anything with that big a discount but there is certainly some good discounts on good quality clothes and stuff.
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The Biscuit Marketplace: Great resource which describes itself as a "curated hub to find art, jewellery, skincare, interiors and apparel", made in Ireland by independent artists and makers. It has 15 per cent off until Midnight Friday.
Brown Thomas: Just like its sister shop across the river, BT is not having a Black Friday sale. It is, however, having a Christmas Comes Early sale and you can expect a wide array of high-end bags, fancy clothes and perfumes and a whole lot more selling for discounts of up to 30 per cent.
Carraig Donn; There is no messing on this site. They have 30 per cent off everything with the sale ending at midnight tonight.
Carrolls Irish Gifts: It's not just for tourists. There are all sorts of Irish brands, Celtic jewellery, knitwear and Christmassy stuff on offer at a discount of up to 60 per cent.
Chupi. com: The lovely jewellers have a rage of offers. If you spend €399 you get a gift coin worth €100. If you spend €599 you get a gift coin worth €150 all the way up to a gift coin worth €1,000 if you spend €5,000.
Cummins Sports: You will find as much as to 50 per cent off in the Cork-based shop which is doing the business online.
DID: The big and Irish electronics retailer is going big for Black Friday and if you are in the market for a fridge or a washing machine or a TV or even a set of headphones then now might be the time. There are too many offers to pick just one or two but take it from us there is loads going on here.
Elvery's: A nice simple offer from the sports people. Buy 1, Get 1 Half-Price on nearly everything for Black Friday with over 10,000 products to mix and match from. The sale will end at midnight on Monday.
Eurocamp.ie: When it comes to family holidays it is hard to beat camping. Eurocamp is offering up to 35 per cent off holidays at campsites across Europe until December 7th. And for the times we live in, the bookings come with a "peace of mind guarantee". If things are still bad when the time for your holiday comes, they will look after you.
Finders Keepers: Like a lot of small independent shops it does not support Black Friday as the discounts will really hurt them. But it is donating 10 per cent of its sales to a women's refuge and a lot of Irish companies do that instead.
Giftsdirect. com Who doesn't love a nice hamper? There is 20 per cent of the range up to and including November 30th.
Gym + Coffee: Athleisure is the new power suit, or something like that. Vast array of clobber for exercise or, you know, sitting on your couch every work day between now and Christmas - and a bit beyond that, let's be honest. Up to 40 per cent off some of the stock.
Handyhardware.ie: This independent Irish hardware seller tells us it is offering up to 60 per cent off all manner of DIY things.
Hanley & Co: We have a soft spot for this long-standing Galway clothes shop, now doing the business in a big way online with discounts of 20 per cent for the day that is in it.
The Irish Store: This site has as much as 75 per cent off its knitwear, Celtic jewellery and homewares.
Jando Prints: Gorgeous prints of Irish landmarks. Always a fine present and specially fines now that it is offering 20 per cent off its entire full-price range until November 30th.
Kaliedy.ie: New Irish site selling baby stuff and toys. Discounts of more than €200 on buggies, including an Uppababy Vista Pushchair which was €1078.99 and is now €849.99 - a saving of €229. There is a Silver Cross buggy down from €899 to €649. The Ergo baby carrier is down from €179 to €109. Saving on cots and feeding stuff and toys.
Kennys.ie: We are big fans of this Galway bookseller and promising discounts of up to 75 per cent plus other deals on fiction and kids books and more.
Kilkenny Shop: Loads of lovely Christmassy stuff with big discounts. Skincare, art, jewellery and all with the hashtag #championgreen
Kinvara Skincare: There is 20 per cent off everything with the sale set to end on Sunday night.
McCauleys: The Irish pharmacy group are offering up to 50 per cent off cameras, beauty products and all sorts of electronic gadgets and then more besides.
McElhinneys: Donegal's favourite retailer is promising up to 50 per cent off selected designer and boutique brands.
O'Briens: Anyone partial to a tipple will do well to stop by this site where there are discounts on hundreds of products.
Ryanair: Fly a friend for free with Ryanair. Yep, they have an attractive looking buy one get one free deal which ends at midnight on Friday.
Smyths Toys: When we looked at the site on Friday morning there were 495 Black Friday offers covering everything from computer games to dolls and a lot more besides.
The Sweater Shop Wait a minute, where's me jumper? Don't worry it's here. Taylor Swift made Aran jumpers cool in 2020 and you will get a whole lot of them here with discounts of up to 50 per cent.
WineLab.ie: We want the finest wines available to humanity, we want them here and we want them now. This lovely sites is offering 15 per cent off its range of sustainably sourced wines.


theirishtimes--2020-11-27--Court proposes to overturn permission for apartment development in Howth

A High Court judge has said he proposes to overturn planning permission for a large apartment development in Howth , Co Dublin .
Balscadden Road SAA Residents Association Ltd brought proceedings over a permission granted last March by An Bord Pleanála to Crekav Trading for the development on a site at the former Bailey Court Hotel and adjoining lands south of the Martello Tower on Balscadden Road .
A separate challenge was taken by another local resident , Christian Morris , and both were heard together .
The permission was for 177 residential units in three apartment blocks and one @ @ @ @ @ @ @ three to five storeys along with car parking and bike spaces .
The development was classified as a strategic housing development , with the effect the developer bypassed the local planning authority and sought permission directly from the board .
Among their grounds of challenge , the residents claimed the board and its inspector failed to adequately address concerns about risk of subsidence and landslide on the site , already subject to land slippage .
In his judgment this week , Mr Justice Richard Humphreys said both cases relate to a significant development @ @ @ @ @ @ @ of natural and built environmental significance .
The development would involve excavation of an Ice Age esker which the developer estimated would involve removal of some 78,000 cubic metres of soil , sand and gravel but the residents estimated the figure at 90,000 cubic metres .
Having considered the evidence and the law , he said he proposed to quash the permission on two grounds .
The first was the board took irrelevant considerations into account in relying , in its decision , on a previous permission granted by it but quashed by @ @ @ @ @ @ @ The second ground arose from the residents ’ claims of inadequate plans for the development .
The judge said there are no construction drawings for the largely underground sheet piling structures consisting of five “ huge ” structures up to 15 metres high and the only drawings were sketches with incomplete dimensions .
The relevant regulations specifically require the distance of the structure to the boundary but none of that information was provided in the legally binding plans and drawings submitted , he said .
The lack of formal drawings showing the dimensions @ @ @ @ @ @ @ the requirement to submit drawings in accordance with the regulations .
It also rendered the permission “ devoid of meaning ” because the permission was to construct the development in line with the plans submitted but those plans did not include adequate details of the location and dimensions of the sheet piling .
An argument on behalf of the board that the regulations do not say descriptions of structure should include a subterranean structure “ doesn ’ t hold water ” .
The 2016 Act providing for strategic housing development applications to come @ @ @ @ @ @ @ a “ blanket ” setting aside of mandatory statutory requirements at the discretion of the board .
To read the provisions that way would effectively create “ a Henry VIII clause ” allowing normal statutory provisions “ to be set at naught at the discretion of the decision maker ” .
He did not accept arguments for the developer that requiring drawings to give the dimensions of underground structures was “ quite radical ” and would have a “ floodgates ” effect .
The “ real problem ” was the sheet piling structures @ @ @ @ @ @ @ are “ quite massive , up to 15m in height ” .
Their precise location was of “ critical importance ” to the objectors and would determine the slope concerned , the impact on neighbours properties and on the overall environment .
The judge said he would not remit the matter to the board because the inadequacy of the drawings affected all subsequent steps in the planning process .
He said he proposes to make an order , in the Balscadden group ’ s case , quashing the permission .
While that effectively @ @ @ @ @ @ @ or pointless , he said he would be inclined to make no order in that case , and consolidate it with the residents ’ case , in case the matter went further .
Final orders will be made on a later date .

A High Court judge has said he proposes to overturn planning permission for a large apartment development in Howth, Co Dublin.
Balscadden Road SAA Residents Association Ltd brought proceedings over a permission granted last March by An Bord Pleanála to Crekav Trading for the development on a site at the former Bailey Court Hotel and adjoining lands south of the Martello Tower on Balscadden Road.
A separate challenge was taken by another local resident, Christian Morris, and both were heard together. The permission was for 177 residential units in three apartment blocks and one mews building, ranging in height from three to five storeys along with car parking and bike spaces. The development was classified as a strategic housing development, with the effect the developer bypassed the local planning authority and sought permission directly from the board.
Among their grounds of challenge, the residents claimed the board and its inspector failed to adequately address concerns about risk of subsidence and landslide on the site, already subject to land slippage. In his judgment this week, Mr Justice Richard Humphreys said both cases relate to a significant development on Howth head in proximity to areas of natural and built environmental significance.
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The development would involve excavation of an Ice Age esker which the developer estimated would involve removal of some 78,000 cubic metres of soil, sand and gravel but the residents estimated the figure at 90,000 cubic metres.
Having considered the evidence and the law, he said he proposed to quash the permission on two grounds.
The first was the board took irrelevant considerations into account in relying, in its decision, on a previous permission granted by it but quashed by the High Court in other proceedings.
The second ground arose from the residents’ claims of inadequate plans for the development.
The judge said there are no construction drawings for the largely underground sheet piling structures consisting of five “huge” structures up to 15 metres high and the only drawings were sketches with incomplete dimensions.
The relevant regulations specifically require the distance of the structure to the boundary but none of that information was provided in the legally binding plans and drawings submitted, he said.
The lack of formal drawings showing the dimensions and location of the sheet piling breached the requirement to submit drawings in accordance with the regulations.
It also rendered the permission “devoid of meaning” because the permission was to construct the development in line with the plans submitted but those plans did not include adequate details of the location and dimensions of the sheet piling.
An argument on behalf of the board that the regulations do not say descriptions of structure should include a subterranean structure “doesn’t hold water”.
The 2016 Act providing for strategic housing development applications to come before the board did not provide for a “blanket” setting aside of mandatory statutory requirements at the discretion of the board. To read the provisions that way would effectively create “a Henry VIII clause” allowing normal statutory provisions “to be set at naught at the discretion of the decision maker”.
He did not accept arguments for the developer that requiring drawings to give the dimensions of underground structures was “quite radical” and would have a “floodgates” effect.
The “real problem” was the sheet piling structures are not a small subterranean structure but are “quite massive, up to 15m in height”. Their precise location was of “critical importance” to the objectors and would determine the slope concerned, the impact on neighbours properties and on the overall environment.
The judge said he would not remit the matter to the board because the inadequacy of the drawings affected all subsequent steps in the planning process.
He said he proposes to make an order, in the Balscadden group’s case, quashing the permission. While that effectively rendered Mr Morris’s case moot or pointless, he said he would be inclined to make no order in that case, and consolidate it with the residents’ case, in case the matter went further. Final orders will be made on a later date.


theirishtimes--2020-11-27--Covid-19: Level 5 restrictions ‘should stay until each county has zero cases’

Ireland should keep in place current Level 5 restrictions against Covid-19 until each county attains zero cases , according to a group of scientists advocating the elimination of the virus .
This approach would capitalise on the closure of schools over the Christmas period and so reduce cases even faster , the Independent Scientific Advocacy Group ( ISAG ) said .
According to the group , Ireland should “ aggressively suppress ” virus transmission and reduce cases to zero as part of an explicit policy of “ no active cases ” in the community .
“ The result will be @ @ @ @ @ @ @ life , without significant restrictions within the country.
” In a paper setting out its strategy to “ rid ” the country of Covid-19 , the group says Ireland ’ s current approach leaves us vulnerable to a series of further waves of infections next year , with resultant lockdowns , before vaccine-based immunity becomes a reality in late 2021 .
Ireland should learn from the examples of other countries that have successfully eliminated the virus and resumed normal life , it said .
Among the measures proposed are a mandatory 14-day quarantine @ @ @ @ @ @ @ inter-county movement within Ireland , extra resources for public health doctors tracing cases and greater a emphasis on building ventilation .
Border counties would be treated “ just like any other county ” with traffic between the North and the Republic regulated by Covid-19 checkpoints .
The rapid isolation of carriers and their close contacts can only be achieved when case numbers are under 100 a day – currently , they are about 300 , the groups says .
“ Each case that emerges must be dealt with like a murder : swift @ @ @ @ @ @ @ nip outbreaks in the bud.
” Measures would be deployed and lifted geographically , so that if a county reached a low number of cases , restrictions would be lifted there so “ efforts and sacrifices are rewarded immediately by county ” .
Adjacent counties with low case numbers could form a “ bubble ” with free travel between them .
Where outbreaks occur , “ certain economic sectors ” would close first to help get cases down ; high-risk sectors would include “ large chunks of the service economy ” .
The @ @ @ @ @ @ @ in the absence of significant co-operation between the Republic and the North .
Government Ministers have explicitly ruled out the “ zero-Covid ” approach recommended by the group .

Ireland should ’aggressively suppress’ virus transmission and reduce cases to zero, says group of scientists
Ireland should keep in place current Level 5 restrictions against Covid-19 until each county attains zero cases, according to a group of scientists advocating the elimination of the virus.
This approach would capitalise on the closure of schools over the Christmas period and so reduce cases even faster, the Independent Scientific Advocacy Group (ISAG) said.
According to the group, Ireland should “aggressively suppress” virus transmission and reduce cases to zero as part of an explicit policy of “no active cases” in the community.
“The result will be a fully open economy and normal social life, without significant restrictions within the country.”
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In a paper setting out its strategy to “rid” the country of Covid-19, the group says Ireland’s current approach leaves us vulnerable to a series of further waves of infections next year, with resultant lockdowns, before vaccine-based immunity becomes a reality in late 2021.
Ireland should learn from the examples of other countries that have successfully eliminated the virus and resumed normal life, it said.
Among the measures proposed are a mandatory 14-day quarantine for international travellers, the restriction of inter-county movement within Ireland, extra resources for public health doctors tracing cases and greater a emphasis on building ventilation.
Border counties would be treated “just like any other county” with traffic between the North and the Republic regulated by Covid-19 checkpoints.
The rapid isolation of carriers and their close contacts can only be achieved when case numbers are under 100 a day – currently, they are about 300, the groups says.
“Each case that emerges must be dealt with like a murder: swift and thorough contact tracing and testing to nip outbreaks in the bud.”
Measures would be deployed and lifted geographically, so that if a county reached a low number of cases, restrictions would be lifted there so “efforts and sacrifices are rewarded immediately by county”.
Adjacent counties with low case numbers could form a “bubble” with free travel between them.
Where outbreaks occur, “certain economic sectors” would close first to help get cases down; high-risk sectors would include “large chunks of the service economy”.
The ISAG said its plan would work even in the absence of significant co-operation between the Republic and the North.
Government Ministers have explicitly ruled out the “zero-Covid” approach recommended by the group.


theirishtimes--2020-11-27--Dissident republican jailed for 22 years for prison officer’s murder

A dissident republican who killed an off-duty prison officer in Northern Ireland will serve a minimum of 22 years in prison , a judge said .
Christopher Robinson ( 50 ) played an “ intimate and inextricable ” role in the death of devoted family man Adrian Ismay , Mr Justice Gerry McAlinden said .
Mr Ismay , a 52-year-old married father-of-three , died 11 days after suffering serious leg injuries when the Semtex bomb exploded underneath his van shortly after he had driven away from his east Belfast home in 2016 .
Mr Justice McAlinden told Belfast Crown Court @ @ @ @ @ @ @ pursuance of a twisted republican terrorist ideology .
“ The defendant played an important and integral role in planning and carrying out the terrorist operation which resulted in the death of Mr Ismay.
” He drove the vehicle on the night of the attack to transport another person involved across Belfast before and afterward .
Robinson has been given a life sentence for the murder but will be eligible to apply for release under licence after 22 years , the judge said .
The extremist group that styles itself as the ‘ New @ @ @ @ @ @ @ the attack on the long-serving officer .
Mr Ismay was released from hospital after the blast on March 4th and had been making good progress , but he died unexpectedly less than two weeks later when a blood clot linked to the attack triggered a heart attack .
He had worked at Hydebank Wood Young Offenders ’ Centre in south Belfast , where he trained new recruits to the Prison Service .
He was a St John Ambulance volunteer and deeply committed to all parts of the community , the judge said .
@ @ @ @ @ @ @ decent , warm , generous , loving human being and our society is the poorer for his loss .
“ If only there were more like him.
” His family has been left bereft .
Robinson was entirely without remorse , the court heard .
Mr Justice McAlinden added : “ In our troubled society prison officers and police officers have been regularly targeted at home and off duty simply because in those environments they are deemed to be easier targets .
“ In such circumstances the need for deterrence can be no @ @ @ @ @ @ @ said Robinson searched for information on the internet about the magnetic permeability of aluminium before the device was attached to the van .
He was intimately involved in targeting him over a lengthy period of time .
The defendant checked his target ’ s online profile as well as the opening times of a supermarket near where he lived .
Mr Justice McAlinden said the defendant knowingly took steps to minimise the chances of his “ intimate and inextricable ” involvement being uncovered by turning off his mobile phone at certain times , @ @ @ @ @ @ @ the sim card and battery out of reach of police .
He also arranged with his brother for CCTV from a nearby hostel to be disconnected and setting the system to “ dramatically reduce ” the period of retention of images .
He told detectives “ blatant and obvious ” lies as part of a pre-prepared statement to police during interview .
The judge said victim impact statements from Mr Ismay ’ s wife and daughters were “ heart-wrenching ” .
“ Each of these statements , in their own individual and eloquent @ @ @ @ @ @ @ utterly devastating impact that Mr Ismay ’ s death has had , not only on them but on other members of the family.
” A Police Service of Northern Ireland ( PSNI ) detective said he was pleased a significant custodial sentence had been imposed on Robinson and paid tribute to the dignity of the victim ’ s family .
Detective Superintendent Richard Campbell said : “ This attack on Adrian Ismay was a cowardly attack on someone going about their work .
“ This was a dedicated public servant who had dedicated @ @ @ @ @ @ @ both in his job as a prison officer but actually beyond that as a volunteer within the community in a number of areas .
“ Our society is a worse place for his loss .
“ That puts into stark contact the actions of those who carried out the attack on him , including Christopher Robinson .
“ It was a cowardly and callous attack on him , to target him at his house as he was about to go and do his work within the community.
” He added : “ The @ @ @ @ @ @ @ stark warning to anyone involved in this type of terrorist activity that it is not tolerated by society and we as a police service will do everything we can in our power to bring people to justice if they choose to be involved in this type of activity.
” –PA

A dissident republican who killed an off-duty prison officer in Northern Ireland will serve a minimum of 22 years in prison, a judge said.
Christopher Robinson (50) played an “intimate and inextricable” role in the death of devoted family man Adrian Ismay, Mr Justice Gerry McAlinden said.
Mr Ismay, a 52-year-old married father-of-three, died 11 days after suffering serious leg injuries when the Semtex bomb exploded underneath his van shortly after he had driven away from his east Belfast home in 2016.
Mr Justice McAlinden told Belfast Crown Court: “His murder was perpetrated in pursuance of a twisted republican terrorist ideology.
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“The defendant played an important and integral role in planning and carrying out the terrorist operation which resulted in the death of Mr Ismay.”
He drove the vehicle on the night of the attack to transport another person involved across Belfast before and afterward.
Robinson has been given a life sentence for the murder but will be eligible to apply for release under licence after 22 years, the judge said.
The extremist group that styles itself as the ‘New IRA’ claimed to have carried out the attack on the long-serving officer.
Mr Ismay was released from hospital after the blast on March 4th and had been making good progress, but he died unexpectedly less than two weeks later when a blood clot linked to the attack triggered a heart attack.
He had worked at Hydebank Wood Young Offenders’ Centre in south Belfast, where he trained new recruits to the Prison Service.
Without remorse
He was a St John Ambulance volunteer and deeply committed to all parts of the community, the judge said.
He added: “He was a decent, warm, generous, loving human being and our society is the poorer for his loss.
“If only there were more like him.”
His family has been left bereft.
Robinson was entirely without remorse, the court heard.
Mr Justice McAlinden added: “In our troubled society prison officers and police officers have been regularly targeted at home and off duty simply because in those environments they are deemed to be easier targets.
“In such circumstances the need for deterrence can be no less acute and obvious.”
The judge said Robinson searched for information on the internet about the magnetic permeability of aluminium before the device was attached to the van.
He was intimately involved in targeting him over a lengthy period of time.
The defendant checked his target’s online profile as well as the opening times of a supermarket near where he lived.
Mr Justice McAlinden said the defendant knowingly took steps to minimise the chances of his “intimate and inextricable” involvement being uncovered by turning off his mobile phone at certain times, deleting entries from its memory and putting the sim card and battery out of reach of police.
He also arranged with his brother for CCTV from a nearby hostel to be disconnected and setting the system to “dramatically reduce” the period of retention of images.
He told detectives “blatant and obvious” lies as part of a pre-prepared statement to police during interview.
The judge said victim impact statements from Mr Ismay’s wife and daughters were “heart-wrenching”.
“Each of these statements, in their own individual and eloquent way, brings home to me the utterly devastating impact that Mr Ismay’s death has had, not only on them but on other members of the family.”
Family dignity
A Police Service of Northern Ireland (PSNI) detective said he was pleased a significant custodial sentence had been imposed on Robinson and paid tribute to the dignity of the victim’s family.
Detective Superintendent Richard Campbell said: “This attack on Adrian Ismay was a cowardly attack on someone going about their work.
“This was a dedicated public servant who had dedicated his career to serving the public, both in his job as a prison officer but actually beyond that as a volunteer within the community in a number of areas.
“Our society is a worse place for his loss.
“That puts into stark contact the actions of those who carried out the attack on him, including Christopher Robinson.
“It was a cowardly and callous attack on him, to target him at his house as he was about to go and do his work within the community.”
He added: “The sentence given today should serve as a stark warning to anyone involved in this type of terrorist activity that it is not tolerated by society and we as a police service will do everything we can in our power to bring people to justice if they choose to be involved in this type of activity.”–PA