theirishtimes--2020-09-29--Prepare for six to nine months of Covid-19 restraints, warn health officials

People should prepare for another six to nine months of Covid-19 restrictions , involving repeated waves of the virus , senior health officials have warned .
Acting chief medical officer Dr Ronan Glynn last night warned there will be no “ going back to normal ” after the current surge in cases has been handled .
And there will be no “ significant game changer ” such as a readily available vaccine to relieve matters for the next six to nine months .
HSE chief executive Paul Reid will today tell TDs that “ it is increasingly evident that we @ @ @ @ @ @ @ for , subsequent waves ” of the disease .
With admissions to hospitals “ definitely rising ” , Mr Reid will tell the Oireachtas special committee on Covid-19 that “ a difficult winter season , coupled with a resurgence in Covid-19 , is the worst possible scenario for our health services ” .
Even with a vaccine “ the reality is that we will be dealing with Covid-19 for a long time yet ” and behavioural and societal changes are needed to manage the pandemic , Mr Reid will say in his statement @ @ @ @ @ @ @ a National Public Health Emergency Team ( NPHET ) briefing if Ireland was doomed to repeated cycles involving the lifting of restrictions as case numbers dropped , followed by their reimposition as infections increased again , Dr Glynn replied : “ I don ’ t think we ’ re doomed .
“ We have to be honest , we ’ re not going to have a vaccine , we ’ re not going to have a treatment , we ’ re not going to have any significant game changer for the next six @ @ @ @ @ @ @ we have to live with this for the next six to nine months ” .
Dr Glynn said there was an “ unbelievable amount of work going on in terms of treatments , vaccines , different types of tests but we are not quite there yet ” .
“ I ’ m hoping we will have news on that and that the information on that will evolve between now and Christmas but ultimately I think we are looking at a six- to nine-month timeframe.
” Acknowledging this was “ not an easy message @ @ @ @ @ @ @ said the “ vast majority ” of society was open at present .
“ Our schools are back , most workplaces are open , hospitals are open and people are getting treated .
So there ’ s an awful lot happening.
” A further 390 confirmed cases of Covid-19 were reported by the NPHET yesterday evening , with no further deaths from the disease confirmed .
Of the new cases , 209 are in Dublin , 27 in Cork and 22 in Donegal .
No further deaths from the disease were confirmed , @ @ @ @ @ @ @ 1,802 .
More than 1 million people have succumbed to Covid-19 around the world as of Tuesday , according to the latest data from Johns Hopkins University .
“ Our world has reached an agonising milestone , ” UN secretary-general Antonio Guterres said in a statement .
“ It ’ s a mind-numbing figure .
Yet we must never lose sight of each and every individual life .
They were fathers and mothers , wives and husbands , brothers and sisters , friends and colleagues.
” It took just three months for Covid-19 @ @ @ @ @ @ @ , an accelerating rate of fatalities since the first death was recorded in China in early January .
Dr Glynn said case numbers were beginning to stabilise in Dublin but were rising fast in Cork , Galway , Monaghan and Roscommon .
Asked why NPHET officials would not be taking up an invitation to appear before the Oireachtas Covid-19 committee today , Dr Glynn replied that was a matter for the Department of Health .
Committee chairman Michael McNamara said NPHET had informed the committee for a second week it would not be @ @ @ @ @ @ @ to question officials about the “ conspicuous lack of any published scientific evidence ” for the criteria applied when raising or lowering the level of restrictions in a county .
The department told The Irish Times that Minister for Health Stephen Donnelly would provide the committee with an update on the Government ’ s framework plan later this week .
The Cabinet will on Tuesday consider proposals which would allow the Government to sanction pay rises for groups in the public service .
Minister for Public Expenditure Michael McGrath is expected to ask @ @ @ @ @ @ @ new legislation which would get around a legal ban on pay increases under financial emergency legislation .
This would facilitate a new pay structure for public health doctors and allow for the commencement of talks between the Government and medical organisations on a new Sláintecare contract for hospital consultants .

No further deaths from coronavirus were confirmed on Monday, leaving the State’s death toll at 1,802. File photograph: The Irish Times
People should prepare for another six to nine months of Covid-19 restrictions, involving repeated waves of the virus, senior health officials have warned.
Acting chief medical officer Dr Ronan Glynn last night warned there will be no “going back to normal” after the current surge in cases has been handled. And there will be no “significant game changer” such as a readily available vaccine to relieve matters for the next six to nine months.
HSE chief executive Paul Reid will today tell TDs that “it is increasingly evident that we can expect, and should therefore plan for, subsequent waves” of the disease.
Hospital Report
An example of how #COVID19 can spread if given the opportunity. Please keep it small, keep it safe & keep your distance.
If you have symptoms please isolate immediately
If you are a close contact please restrict your movements - do not go to work, uni or meet with friends @TheUSI pic.twitter.com/SA78DmbPxV — Dr Ronan Glynn (@ronan_glynn) September 28, 2020
With admissions to hospitals “definitely rising”, Mr Reid will tell the Oireachtas special committee on Covid-19 that “a difficult winter season, coupled with a resurgence in Covid-19, is the worst possible scenario for our health services”.
READ MORE
Even with a vaccine “the reality is that we will be dealing with Covid-19 for a long time yet” and behavioural and societal changes are needed to manage the pandemic, Mr Reid will say in his statement to the committee.
When asked at a National Public Health Emergency Team (NPHET) briefing if Ireland was doomed to repeated cycles involving the lifting of restrictions as case numbers dropped, followed by their reimposition as infections increased again, Dr Glynn replied: “I don’t think we’re doomed.
“We have to be honest, we’re not going to have a vaccine, we’re not going to have a treatment, we’re not going to have any significant game changer for the next six months and the Government plan reflects that we have to live with this for the next six to nine months”.
Dr Glynn said there was an “ unbelievable amount of work going on in terms of treatments, vaccines, different types of tests but we are not quite there yet”.
“I’m hoping we will have news on that and that the information on that will evolve between now and Christmas but ultimately I think we are looking at a six- to nine-month timeframe.”
Acknowledging this was “not an easy message for people to hear”, he said the “vast majority” of society was open at present.
“Our schools are back, most workplaces are open, hospitals are open and people are getting treated. So there’s an awful lot happening.”
A further 390 confirmed cases of Covid-19 were reported by the NPHET yesterday evening, with no further deaths from the disease confirmed. Of the new cases, 209 are in Dublin, 27 in Cork and 22 in Donegal.
No further deaths from the disease were confirmed, leaving the State's total at 1,802. More than 1 million people have succumbed to Covid-19 around the world as of Tuesday, according to the latest data from Johns Hopkins University. "Our world has reached an agonising milestone," UN secretary-general Antonio Guterres said in a statement. "It's a mind-numbing figure. Yet we must never lose sight of each and every individual life. They were fathers and mothers, wives and husbands, brothers and sisters, friends and colleagues."
It took just three months for Covid-19 deaths to double from half a million, an accelerating rate of fatalities since the first death was recorded in China in early January.
Numbers on the rise
Dr Glynn said case numbers were beginning to stabilise in Dublin but were rising fast in Cork, Galway, Monaghan and Roscommon.
Asked why NPHET officials would not be taking up an invitation to appear before the Oireachtas Covid-19 committee today, Dr Glynn replied that was a matter for the Department of Health. Committee chairman Michael McNamara said NPHET had informed the committee for a second week it would not be attending.
He said members had wanted to question officials about the “conspicuous lack of any published scientific evidence” for the criteria applied when raising or lowering the level of restrictions in a county. The department told The Irish Times that Minister for Health Stephen Donnelly would provide the committee with an update on the Government’s framework plan later this week.
The Cabinet will on Tuesday consider proposals which would allow the Government to sanction pay rises for groups in the public service. Minister for Public Expenditure Michael McGrath is expected to ask the Cabinet to allow him to draft new legislation which would get around a legal ban on pay increases under financial emergency legislation.
This would facilitate a new pay structure for public health doctors and allow for the commencement of talks between the Government and medical organisations on a new Sláintecare contract for hospital consultants.


theirishtimes--2020-09-30--Bloody Sunday families look to judicial review after setback

Relatives of those killed on Bloody Sunday have vowed to challenge in court the decision by the North ’ s Public Prosecution Service not to bring charges against 15 soldiers for their actions in Derry on January 30th , 1972 .
On Tuesday , the service upheld its 2019 decision that only one former soldier – known as Soldier F – would be prosecuted in connection with Bloody Sunday .
It also upheld its decision not to bring additional charges against Soldier F , who is being prosecuted for two counts of murder and five of attempted murder .
The @ @ @ @ @ @ @ would continue .
Ciaran Shiels of Madden and Finucane Solicitors , who represents the families of 10 of those killed and 10 of the wounded , said the ruling was “ deeply disappointing ” but the families were “ not surprised ” and were “ left with no alternative now but to consider judicial review proceedings in the High Court ” .
To apply for a judicial review , he said , “ one must first exhaust all alternative means of potential remedy , so it was therefore a necessary hurdle that the @ @ @ @ @ @ @ “ We expected this , but I think in the High Court it ’ ll be another matter , ” he said .
Thirteen people were killed when members of the British army ’ s parachute regiment opened fire on anti-internment marchers in Derry ’ s Bogside .
A 14th died later .
John Kelly , whose 17-year-old brother , Michael , was among the victims , said the families were “ not giving up yet ” .
“ It ’ s been a long road , coming up to nearly 50 years @ @ @ @ @ @ @ ’ re all getting old , a lot of people are dying , but as long as we are able to walk , we ’ ll go after them .
“ We ’ ll not stop until we see justice for our loved ones , and the next stage is the judicial review in the High Court .
I look forward to that.
” Senior assistant director of the Public Prosecution Service , Marianne O ’ Kane – who carried out the internal review – said new decisions were taken in regard to @ @ @ @ @ @ @ evidence is insufficient to provide a reasonable prospect of conviction of any of the 15 soldiers who were the subjects of the reviews ” , she concluded .
“ Accordingly , the decisions not to prosecute these 15 individuals all stand .
”

Mickey McKinney, whose brother William was killed on Bloody Sunday, in the Bogside on Tuesday. Photograph: Margaret McLaughlin
Relatives of those killed on Bloody Sunday have vowed to challenge in court the decision by the North’s Public Prosecution Service not to bring charges against 15 soldiers for their actions in Derry on January 30th, 1972.
On Tuesday, the service upheld its 2019 decision that only one former soldier – known as Soldier F – would be prosecuted in connection with Bloody Sunday.
It also upheld its decision not to bring additional charges against Soldier F, who is being prosecuted for two counts of murder and five of attempted murder. The service confirmed on Tuesday that this case would continue.
Ciaran Shiels of Madden and Finucane Solicitors, who represents the families of 10 of those killed and 10 of the wounded, said the ruling was “deeply disappointing” but the families were “not surprised” and were “left with no alternative now but to consider judicial review proceedings in the High Court”.
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To apply for a judicial review, he said, “one must first exhaust all alternative means of potential remedy, so it was therefore a necessary hurdle that the families have had to take”.
“We expected this, but I think in the High Court it’ll be another matter,” he said.
‘Not giving up’
Thirteen people were killed when members of the British army’s parachute regiment opened fire on anti-internment marchers in Derry’s Bogside. A 14th died later.
John Kelly, whose 17-year-old brother, Michael, was among the victims, said the families were “not giving up yet”.
“It’s been a long road, coming up to nearly 50 years,” he said. “We’re all getting old, a lot of people are dying, but as long as we are able to walk, we’ll go after them.
“We’ll not stop until we see justice for our loved ones, and the next stage is the judicial review in the High Court. I look forward to that.”
Senior assistant director of the Public Prosecution Service, Marianne O’Kane – who carried out the internal review – said new decisions were taken in regard to each review request.
The “available evidence is insufficient to provide a reasonable prospect of conviction of any of the 15 soldiers who were the subjects of the reviews”, she concluded.
“Accordingly, the decisions not to prosecute these 15 individuals all stand.”


theirishtimes--2020-09-30--Bus Éireann to suspend Dublin to Belfast service in November

Bus Éireann has said that its Expressway service from Dublin to Belfast will be suspended indefinitely from November .
The route was among a number which the State-owned transport company said earlier this week it would cease to operate due to the financial impact of the Covid-19 pandemic .
Minister for Transport Eamon Ryan said on Tuesday the decision to stop operating the routes was appropriate for the company to make in an effort to manage its resources .
Mr Ryan said that “ no town will be left behind ” and that if any gaps were identified following the @ @ @ @ @ @ @ several of its 18 routes then the National Transport Authority will make sure such gaps were closed .
General secretary of the National Bus and Rail Union Dermot O ’ Leary said in previous cases where towns lost Bus Éireann coach services , these were replaced by minibuses .
On Monday , the company decided to cease operating its Expressway services between Dublin and Cork ( route X8 ) , Galway ( routes 20 and X20 ) and Limerick ( route X12 ) , and to suspend indefinitely the Dublin-Belfast ( route X1 @ @ @ @ @ @ @ to resume the X51 express service between Galway and Limerick which ceased operating in May .
The company is to boost its city services in Cork , Limerick and Galway as well as some of its commuter routes .
It has said no jobs will be lost as a result of the closure of some of its inter-city services .
In a note to staff , Bus Éireann said the closure of the routes was “ in response to the significant losses of €20 million this year , and projected losses of €20 @ @ @ @ @ @ @ three years '' .
“ This is clearly unsustainable for a commercial operation .
Today ’ s decision will safeguard Expressway ’ s remaining 14 national routes.
” The company said it was “ working through the detail of when the routes will cease operating ” .
“ Plans are in place to indefinitely suspend the X1 Dublin-Belfast service in November and dialogue will commence immediately with staff representatives.
” The other services are expected to be closed next year .
The trade union Siptu , meanwhile , strongly criticised the decision by @ @ @ @ @ @ @ as “ short sighted , flawed and a kick in the teeth for workers and passengers ” .
Siptu sector organiser John Murphy said : “ Our members are calling for an immediate intervention by the Minister for Transport , Tourism and Sport , Eamon Ryan , to reverse this decision .
Siptu representatives will lobby extensively on this matter and will seek the support of those dependent on these services and the public representatives within the regions and areas affected .
”

Bus Éireann has said that its Expressway service from Dublin to Belfast will be suspended indefinitely from November.
The route was among a number which the State-owned transport company said earlier this week it would cease to operate due to the financial impact of the Covid-19 pandemic.
Minister for Transport Eamon Ryan said on Tuesday the decision to stop operating the routes was appropriate for the company to make in an effort to manage its resources.
Mr Ryan said that "no town will be left behind" and that if any gaps were identified following the decision by Bus Éireann to shut down several of its 18 routes then the National Transport Authority will make sure such gaps were closed.
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General secretary of the National Bus and Rail Union Dermot O'Leary said in previous cases where towns lost Bus Éireann coach services, these were replaced by minibuses.
On Monday, the company decided to cease operating its Expressway services between Dublin and Cork (route X8), Galway (routes 20 and X20) and Limerick (route X12), and to suspend indefinitely the Dublin-Belfast (route X1) service. It also decided not to resume the X51 express service between Galway and Limerick which ceased operating in May.
The company is to boost its city services in Cork, Limerick and Galway as well as some of its commuter routes.
It has said no jobs will be lost as a result of the closure of some of its inter-city services.
In a note to staff, Bus Éireann said the closure of the routes was “in response to the significant losses of €20 million this year, and projected losses of €20 million for these routes over the next three years".
“This is clearly unsustainable for a commercial operation. Today’s decision will safeguard Expressway’s remaining 14 national routes.”
The company said it was “working through the detail of when the routes will cease operating”.
“Plans are in place to indefinitely suspend the X1 Dublin-Belfast service in November and dialogue will commence immediately with staff representatives.”
The other services are expected to be closed next year.
The trade union Siptu, meanwhile, strongly criticised the decision by Bus Éireann to discontinue the Expressway routes as "short sighted, flawed and a kick in the teeth for workers and passengers".
Siptu sector organiser John Murphy said: "Our members are calling for an immediate intervention by the Minister for Transport, Tourism and Sport, Eamon Ryan, to reverse this decision. Siptu representatives will lobby extensively on this matter and will seek the support of those dependent on these services and the public representatives within the regions and areas affected."


theirishtimes--2020-09-30--Gardaí to share locations of student house parties with NUI Galway authorities

The Garda has agreed to supply college authorities at NUI Galway with the addresses of house parties they break up in an effort to curtail large gatherings .
The move comes following a number of events across Galway city held as the new college term got under way on Monday night .
City mayor Mike Cubbard said an enhanced degree of communication between gardaí and the college was one step agreed at a meeting held in the wake of the gatherings around the city .
He said Galway City Council would also step up warden patrols and extend the hours @ @ @ @ @ @ @ agreed to work with the college and give them addresses of houses where they have been called because of parties , and then the college will make contact with landlords , ” Mr Cubbard said .
He said it was “ not about being a killjoy but when you have 45 people coming out of a party in a two-bedroom apartment at 1.30am as we saw last night , then clearly it is a big problem and something which could easily see us heading back into lockdown ” .
The large gatherings of @ @ @ @ @ @ @ multiple house parties were condemned as “ insanity ” by local representatives .
As many as 1,000 mostly young people gathered close to the Spanish Arch on Monday night as the university term started .
Large groups also congregated on Shop Street and at other locations around the city .
Gardaí were also called to a site close to the river Corrib at the Engineering Building on the NUI Galway campus and to at least a dozen house parties in accommodation believed to be rented by students .
NUI Galway described the events @ @ @ @ @ @ @ had “ repeatedly appealed to the better judgment of our students and reminded them of their responsibilities ” .
In a statement the college authorities said it would not “ hesitate in dealing with any breaches of public health guidelines in line with our Student Code of Conduct ( which has penalties up to and including expulsion ) ” .
Independent city councillor Colette Connolly said the events were “ an insanity ” .
She pointed out that many older people living in the area were “ scared and sick and tired of @ @ @ @ @ @ @ prohibit public drinking or we don ’ t. ” Galway Senator Ollie Crowe called for the Army to assist gardaí , saying it would be impossible for them to immediately roster members of the force when incidents such as the riverside gathering happened .
“ No doubt they would be willing to help restore order , ” he said on Today with Claire Byrne on RTÉ Radio One .
President of NUIG students ' union Pádraic Toomey also condemned scenes and said only a “ small minority ” of the student body in @ @ @ @ @ @ @ have 30,000 students in the college and most of those people are following public health guidelines , ” he said .

Gardaí were called to a site close to the river Corrib at the Engineering Building on the NUI Galway campus
The Garda has agreed to supply college authorities at NUI Galway with the addresses of house parties they break up in an effort to curtail large gatherings.
The move comes following a number of events across Galway city held as the new college term got under way on Monday night.
City mayor Mike Cubbard said an enhanced degree of communication between gardaí and the college was one step agreed at a meeting held in the wake of the gatherings around the city.
He said Galway City Council would also step up warden patrols and extend the hours of operation.
READ MORE
“The gardaí have agreed to work with the college and give them addresses of houses where they have been called because of parties, and then the college will make contact with landlords,” Mr Cubbard said.
He said it was “not about being a killjoy but when you have 45 people coming out of a party in a two-bedroom apartment at 1.30am as we saw last night, then clearly it is a big problem and something which could easily see us heading back into lockdown”.
The large gatherings of students in the city centre and at multiple house parties were condemned as “insanity” by local representatives.
As many as 1,000 mostly young people gathered close to the Spanish Arch on Monday night as the university term started. Large groups also congregated on Shop Street and at other locations around the city.
‘Deplorable’ events
Gardaí were also called to a site close to the river Corrib at the Engineering Building on the NUI Galway campus and to at least a dozen house parties in accommodation believed to be rented by students.
NUI Galway described the events as “deplorable” and said it had “repeatedly appealed to the better judgment of our students and reminded them of their responsibilities”.
In a statement the college authorities said it would not “hesitate in dealing with any breaches of public health guidelines in line with our Student Code of Conduct (which has penalties up to and including expulsion)”.
Independent city councillor Colette Connolly said the events were “an insanity”. She pointed out that many older people living in the area were “scared and sick and tired of this. Either we have by-laws that prohibit public drinking or we don’t.”
Galway Senator Ollie Crowe called for the Army to assist gardaí, saying it would be impossible for them to immediately roster members of the force when incidents such as the riverside gathering happened. “No doubt they would be willing to help restore order,” he said on Today with Claire Byrne on RTÉ Radio One.
President of NUIG students' union Pádraic Toomey also condemned scenes and said only a “small minority” of the student body in Galway had been involved.
“We have 30,000 students in the college and most of those people are following public health guidelines,” he said.


theirishtimes--2020-09-30--Ethics watchdog seeks stronger powers to police rules covering public officials

The State ’ s political ethics watchdog has said it hopes the Government will strengthen its powers to police “ revolving door ” rules in a review announced in the wake of controversy regarding former minister Michael D ’ Arcy ’ s move to the private sector .
The new powers would include the right to seize documents and compel testimony from people suspected of breaching the rules , which stipulate a 12-month “ cooling off ” period before former ministers or senior officials join the private sector .
Sherry Perrault , head of ethics and regulation at the Standards @ @ @ @ @ @ @ , told The Irish Times it welcomed the announcement of a review of the post-employment provisions of the Regulation of Lobbying Act .
“ It is hoped that the review will result in enhanced powers to investigate and enforce any breaches of those provisions .
The commission has previously called for amendments of the Act to make it an offence to fail to comply with the Act ’ s post-employment provisions .
This would bring these obligations in line with the rest of the Regulation of Lobbying Act.
” Mr D ’ Arcy @ @ @ @ @ @ @ ( IAIM ) as chief executive , but did not inform Sipo of the move as neither he nor the group would be lobbying for 12 months .
The move sparked widespread criticism and controversy .
On Tuesday , Taoiseach Micheál Martin said he was “ not happy , or in any way comfortable ” , with the manner of Mr D ’ Arcy ’ s move into the private sector .
He told the Dáil the Government had agreed that Minister for Public Expenditure Michael McGrath would initiate a review of legislation @ @ @ @ @ @ @ that respect ” .
“ I would favour a review and reform of the Sipo legislation , ” he said .
“ Any cooling-off period should have the force of law and sanctions and penalties attached to it.
” A spokeswoman for the Department of Public Expenditure and Reform said the Government is to expedite the review of the provisions of section 22 regarding enforcement .
She said it had been the Government ’ s intention to review the legislation in 2022 , but that the review of this particular section would now @ @ @ @ @ @ @ Government and official sources cautioned that reforms arising from the review , and the need to have an effective deterrent , would have to be balanced against the fact that politicians work in a “ volatile ” profession , and have to seek other employment if they are not elected .
Sources also cautioned that there are limits to how prescriptive the law can be about work after public life , with rules that unduly restrain people ’ s capacity to seek employment seen as legally vulnerable .
Tánaiste Leo Varadkar , who @ @ @ @ @ @ @ release announcing Mr D ’ Arcy ’ s new role , apologised on Tuesday to his Cabinet colleagues for any difficulty it may have caused .
Green Party leader Eamon Ryan pushed for a review of the legislation underpinning the area , which was accepted .
The Tánaiste later said he believed Mr D ’ Arcy should have contacted Sipo , but that he had no knowledge of the matter prior to Sunday .

The State’s political ethics watchdog has said it hopes the Government will strengthen its powers to police “revolving door” rules in a review announced in the wake of controversy regarding former minister Michael D’Arcy’s move to the private sector.
The new powers would include the right to seize documents and compel testimony from people suspected of breaching the rules, which stipulate a 12-month “cooling off” period before former ministers or senior officials join the private sector.
Sherry Perrault, head of ethics and regulation at the Standards in Public Office Commission (Sipo), told The Irish Times it welcomed the announcement of a review of the post-employment provisions of the Regulation of Lobbying Act.
“It is hoped that the review will result in enhanced powers to investigate and enforce any breaches of those provisions. The commission has previously called for amendments of the Act to make it an offence to fail to comply with the Act’s post-employment provisions. This would bring these obligations in line with the rest of the Regulation of Lobbying Act.”
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Mr D’Arcy joined the Irish Association of Investment Management (IAIM) as chief executive, but did not inform Sipo of the move as neither he nor the group would be lobbying for 12 months. The move sparked widespread criticism and controversy.
On Tuesday, Taoiseach Micheál Martin said he was “not happy, or in any way comfortable”, with the manner of Mr D’Arcy’s move into the private sector. He told the Dáil the Government had agreed that Minister for Public Expenditure Michael McGrath would initiate a review of legislation governing standards in public office “in that respect”.
“I would favour a review and reform of the Sipo legislation,” he said. “Any cooling-off period should have the force of law and sanctions and penalties attached to it.”
Review
A spokeswoman for the Department of Public Expenditure and Reform said the Government is to expedite the review of the provisions of section 22 regarding enforcement. She said it had been the Government's intention to review the legislation in 2022, but that the review of this particular section would now be brought forward.
However, senior Government and official sources cautioned that reforms arising from the review, and the need to have an effective deterrent, would have to be balanced against the fact that politicians work in a “volatile” profession, and have to seek other employment if they are not elected.
Sources also cautioned that there are limits to how prescriptive the law can be about work after public life, with rules that unduly restrain people’s capacity to seek employment seen as legally vulnerable.
Tánaiste Leo Varadkar, who gave a glowing quote in the press release announcing Mr D'Arcy's new role, apologised on Tuesday to his Cabinet colleagues for any difficulty it may have caused. Green Party leader Eamon Ryan pushed for a review of the legislation underpinning the area, which was accepted.
The Tánaiste later said he believed Mr D’Arcy should have contacted Sipo, but that he had no knowledge of the matter prior to Sunday.


theirishtimes--2020-09-30--Gardaí have used Tasers 125 times in past five years

Gardaí have used Tasers on 125 occasions in the past five years , including in a significant number of cases involving severely mentally ill suspects .
They have also fired rubber bullet-like weapons on 12 occasions within the same period , with all of those incidents occurring in the past 2½ years .
Official Garda reports , along with figures obtained by The Irish Times through Freedom of Information requests show an increasing trend of using “ less-than-lethal ” weapons against suspects wielding knives or other non-firearm weapons who either pose a threat to themselves or others .
These weapons @ @ @ @ @ @ @ as the Emergency Response Unit , the Armed Support Units and the Special Detective Unit , although consideration is being given to arming all frontline gardaí with Tasers .
The figures suggest mental health crises are a factor in a significant number of Taser incidents .
A Taser is an electroshock weapon that aims to incapacitate a person temporarily .
According to reports received by the Garda Síochána Ombudsman Commission ( Gsoc ) , which assesses all uses of less-than-lethal weapons , since 2016 there have been 13 incidents where a Taser was @ @ @ @ @ @ @ was self-harming .
In one incident a suspect was described as “ stripped to the waist and covered in blood ” when he was shot with a Taser .
The figures for self-harm incidents are likely to be much higher , as gardaí are not obliged to report self-inflicted injuries to Gsoc .
Gardaí are required to report Taser use to Gsoc within 48 hours .
However , this rule is often ignored .
In 37 per cent of Taser incidents in the past five years , Gsoc was not notified within the @ @ @ @ @ @ @ is seeing a significant increase in usage is the 40mm launcher , which fires a large sponge-tipped “ impact round ” to temporarily disable or distract an armed suspect .
The weapon is typically deployed against knife-wielding assailants and is not recommended for suspects armed with firearms .
Sponge rounds are considered much safer than the notorious rubber bullet projectiles deployed by the British army during the Troubles but they have been known to cause injury and even allegedly death if fired at close range .
Several people were seriously injured by sponge @ @ @ @ @ @ @ in the US in recent months .
However .
none of the incidents involving Garda use of the weapon resulted in significant injury , according to the data .
“ These don ’ t put people on their back but they might give them a sore leg , ” said Chief Supt Brian Sutton , who heads the Garda Special Tactics and Operations Command .
“ They open up other tactical options for you .
I might fire the 40mm while I ’ ve three guys behind me with a shield and they @ @ @ @ @ @ @ nearly call it a distraction device.
” Less-well-known devices deployed by specialist gardaí since 2016 include flashbangs – stun grenades that emit a blinding flash of light .
According to reports to Gsoc , these were used twice .
However , their actual use is thought to be higher as many gardaí do not consider them a weapon , meaning their use does not have to be reported to Gsoc .
For example , the use of a flashbang by the Emergency Response Unit during a raid on an inner-city Dublin flat , @ @ @ @ @ @ @ video , does not appear among the Gsoc notifications .
Other weapons include the M21 Aerosol Projector – essentially a large version of the standard Garda pepper spray – and the beanbag round , which is fired from a shotgun and serves a similar purpose to the 40mm foam round .
Each of these were used once , according to the data .

Gardaí have used Tasers on 125 occasions in the past five years, including in a significant number of cases involving severely mentally ill suspects.
They have also fired rubber bullet-like weapons on 12 occasions within the same period, with all of those incidents occurring in the past 2½ years.
Official Garda reports, along with figures obtained by The Irish Times through Freedom of Information requests show an increasing trend of using “less-than-lethal” weapons against suspects wielding knives or other non-firearm weapons who either pose a threat to themselves or others.
These weapons are available only to specialist units such as the Emergency Response Unit, the Armed Support Units and the Special Detective Unit, although consideration is being given to arming all frontline gardaí with Tasers.
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The figures suggest mental health crises are a factor in a significant number of Taser incidents. A Taser is an electroshock weapon that aims to incapacitate a person temporarily.
According to reports received by the Garda Síochána Ombudsman Commission (Gsoc), which assesses all uses of less-than-lethal weapons, since 2016 there have been 13 incidents where a Taser was used by gardaí on a suspect who was self-harming. In one incident a suspect was described as "stripped to the waist and covered in blood" when he was shot with a Taser.
The figures for self-harm incidents are likely to be much higher, as gardaí are not obliged to report self-inflicted injuries to Gsoc.
Gardaí are required to report Taser use to Gsoc within 48 hours. However, this rule is often ignored. In 37 per cent of Taser incidents in the past five years, Gsoc was not notified within the required period.
Sponge rounds
Another less-than-lethal device that is seeing a significant increase in usage is the 40mm launcher, which fires a large sponge-tipped “impact round” to temporarily disable or distract an armed suspect.
The weapon is typically deployed against knife-wielding assailants and is not recommended for suspects armed with firearms.
Sponge rounds are considered much safer than the notorious rubber bullet projectiles deployed by the British army during the Troubles but they have been known to cause injury and even allegedly death if fired at close range.
Several people were seriously injured by sponge rounds during the Black Lives Matter protests in the US in recent months.
However. none of the incidents involving Garda use of the weapon resulted in significant injury, according to the data.
"These don't put people on their back but they might give them a sore leg," said Chief Supt Brian Sutton, who heads the Garda Special Tactics and Operations Command.
“They open up other tactical options for you. I might fire the 40mm while I’ve three guys behind me with a shield and they would then rush in. You could nearly call it a distraction device.”
Less-well-known devices deployed by specialist gardaí since 2016 include flashbangs – stun grenades that emit a blinding flash of light. According to reports to Gsoc, these were used twice.
However, their actual use is thought to be higher as many gardaí do not consider them a weapon, meaning their use does not have to be reported to Gsoc. For example, the use of a flashbang by the Emergency Response Unit during a raid on an inner-city Dublin flat, in an incident that was caught on video, does not appear among the Gsoc notifications.
Other weapons include the M21 Aerosol Projector – essentially a large version of the standard Garda pepper spray – and the beanbag round, which is fired from a shotgun and serves a similar purpose to the 40mm foam round. Each of these were used once, according to the data.


theirishtimes--2020-09-30--Plan for court personal injury cap guide likely to be constitutional – report

The Government ’ s current plan for providing guidance to the courts on the size of personal injury awards is likely to resist any challenge to its constitutionality , the Law Reform Commission has said .
A sub-group set up by Judicial Council , the Personal Injuries Guidelines Committee ( PIGC ) , is to produce draft guidelines later this year .
The Programme for Government commits the coalition to considering the need for a constitutional amendment to enable the Oireachtas to directly set down guidelines on award levels .
However in a report published today , the commission notes @ @ @ @ @ @ @ the Oireachtas by way of primary legislation would be at risk of a constitutional challenge .
The guidelines being prepared by the Judicial Council will eventually replace the Book of Quantum , which is produced by the Personal Injuries Assessment Board , and to which judges currently have to have regard when deciding on general damages .
The new system is likely to continue to involve a “ cap ” on personal injury awards of €500,000 for the most catastrophic of cases - a figure that can be exceeded if a court believes @ @ @ @ @ @ @ In a recent Supreme Court decision in the case of the Ruth Morrissey , who died earlier this year at the age of 39 from cervical cancer , the court confirmed that the cap should be €500,000 , an increase of €50,000 on the previously generally recognised figure .
The awards for general damages for less that catastrophic injuries are set by the courts using previous court rulings that address how proportionality should be determined , while taking into account the €500,000 “ cap ” .
The new report , published today , @ @ @ @ @ @ @ examines four types of legislative model for capping damages , including one introduced by Fine Gael senator Anthony Lawless in 2019 , by way of a private members ’ bill .
The commission decided that the model outlined in the Civil Liability ( Capping of General Damages ) Bill 2019 , might be open to constitutional challenge because of the role it would assign to the minister in the capping of damages awards .
It also decided that a model involving a mandatory cap being set by the Oireachtas by way of legislation @ @ @ @ @ @ @ challenge .
A fourth model examined , which involved a mix of Australian and English law , would probably be able to resist a constitutional challenge , the commission decided .
The report says it would be appropriate that the new proposed regime centred on the Judicial Council Act 2019 should be given time to be applied in practice .
Under the new proposed regime , the courts will be obliged to state the reasons for any departure from the new guidelines , something that was not the case with the Book of @ @ @ @ @ @ @ on general damages - compensation for pain and injury - this is not the case in relation to special damages , which are for any pecuniary loss that arises as a result of being injured .
The report quotes a recent Court of Appeal decision in this regard , where the court said it was “ mandatory for the court to approach its calculation of future pecuniary loss on a 100 per cent basis regardless of the economic consequences that the resultant award may have on the defendant , on the insurance industry @ @ @ @ @ @ @ Since 2015 , the Court of Appeal has developed a three-point scale for deciding on proportionality for general damages , with references to minor , middling and more severe injuries , and the type of awards they should lead to .
The report notes that this development has on occasion reduced general damages awards given by the High Court for minor injuries , sometimes by as much as fifty per cent .
In other instances , however , the report notes , the Court of Appeal has increased awards where it considered the @ @ @ @ @ @ @ of the scale .

The Government's current plan for providing guidance to the courts on the size of personal injury awards is likely to resist any challenge to its constitutionality, the Law Reform Commission has said.
A sub-group set up by Judicial Council, the Personal Injuries Guidelines Committee (PIGC), is to produce draft guidelines later this year.
The Programme for Government commits the coalition to considering the need for a constitutional amendment to enable the Oireachtas to directly set down guidelines on award levels.
However in a report published today, the commission notes a mandatory cap on awards established by the Oireachtas by way of primary legislation would be at risk of a constitutional challenge.
READ MORE
The guidelines being prepared by the Judicial Council will eventually replace the Book of Quantum, which is produced by the Personal Injuries Assessment Board, and to which judges currently have to have regard when deciding on general damages.
The new system is likely to continue to involve a “cap” on personal injury awards of €500,000 for the most catastrophic of cases - a figure that can be exceeded if a court believes exceptional circumstances justify such a move.
In a recent Supreme Court decision in the case of the Ruth Morrissey, who died earlier this year at the age of 39 from cervical cancer, the court confirmed that the cap should be €500,000, an increase of €50,000 on the previously generally recognised figure.
The awards for general damages for less that catastrophic injuries are set by the courts using previous court rulings that address how proportionality should be determined, while taking into account the €500,000 “cap”.
The new report, published today, Capping Damages in Personal Injuries Cases, examines four types of legislative model for capping damages, including one introduced by Fine Gael senator Anthony Lawless in 2019, by way of a private members' bill.
The commission decided that the model outlined in the Civil Liability (Capping of General Damages) Bill 2019, might be open to constitutional challenge because of the role it would assign to the minister in the capping of damages awards.
It also decided that a model involving a mandatory cap being set by the Oireachtas by way of legislation, would be at risk of constitutional challenge.
A fourth model examined, which involved a mix of Australian and English law, would probably be able to resist a constitutional challenge, the commission decided.
The report says it would be appropriate that the new proposed regime centred on the Judicial Council Act 2019 should be given time to be applied in practice.
Under the new proposed regime, the courts will be obliged to state the reasons for any departure from the new guidelines, something that was not the case with the Book of Quantum.
While caps can be placed on general damages - compensation for pain and injury - this is not the case in relation to special damages, which are for any pecuniary loss that arises as a result of being injured.
The report quotes a recent Court of Appeal decision in this regard, where the court said it was “mandatory for the court to approach its calculation of future pecuniary loss on a 100 per cent basis regardless of the economic consequences that the resultant award may have on the defendant, on the insurance industry, or on the public finances.”
Since 2015, the Court of Appeal has developed a three-point scale for deciding on proportionality for general damages, with references to minor, middling and more severe injuries, and the type of awards they should lead to.
The report notes that this development has on occasion reduced general damages awards given by the High Court for minor injuries, sometimes by as much as fifty per cent.
In other instances, however, the report notes, the Court of Appeal has increased awards where it considered the injuries were at the more severe end of the scale.


theirishtimes--2020-09-30--New courts and judges as family law system set for major reform

A new scheme to modernise and reform the family law court system has been approved by Cabinet .
Minister for Justice and Equality Helen McEntee was given approval for the drafting of a Family Court Bill and a general scheme of the proposed Bill has been published on the department ’ s website .
The new regime will see the establishment of a District Family Court , Circuit Family Court , and Family High Court , as divisions of the existing court structures .
It would also see the establishment of new positions within the judiciary of principal judge of @ @ @ @ @ @ @ Court and Family High Court , with these judges being responsible for ensuring the proper and effective management of the family courts .
Judges will be appointed on a full-time basis to these positions in both the District Family Court and the Circuit Family Court for renewable terms of three years .
Specialist knowledge and ongoing professional training in family law would be required of those appointed .
The Minister said she is determined her reforms will lead to the development of a more efficient and user-friendly system that puts families at the @ @ @ @ @ @ @ system will provide access to specialist supports , encourage the use of alternative dispute resolution and streamline court processes .
The programme for government contains a commitment to enact a Family Court Bill and to provide for court procedures that support a less adversarial resolution of disputes .
The overall aim of the reforms is to change the culture so that the focus of the family justice system becomes meeting the complex needs of people who need help with family justice issues , Ms McEntee said .
“ The development of sensible , @ @ @ @ @ @ @ particularly for vulnerable families , will be central to the new system.
” The publication of the general scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution , she said .
It is proposed to change the jurisdiction of the courts in judicial separation , divorce and dissolution of civil partnership proceedings , as well as cases taken by cohabitants , to enable jurisdiction to be exercised by the District Family Court and Circuit Family Court .
If @ @ @ @ @ @ @ orders can be successfully resolved through mediation , the District Family Court could exercise jurisdiction in such cases .
It is intended that the Circuit Family Court would deal with complex or contested family law cases .
The Family High Court will have jurisdiction over adoption , child abduction and special care cases , as well as dealing with cases stated and appeals .
A dedicated Family Law Rules Committee will be established to ensure that the rules are coherent and applied with consistency across all levels of the family courts .
The @ @ @ @ @ @ @ by researchers and court reporters to a wider range of court documents to facilitate research in relation to family law proceedings .
A Family Justice Oversight Group has been established to drive progress on the development of the national family justice service .
The group , which is chaired by a senior official of the Department of Justice , will co-ordinate delivery of the various elements of the project .
Its membership will include representatives from the judiciary , the Courts Service , the Legal Aid Board , and the Department of Children @ @ @ @

Minister for Justice and Equality Helen McEntee was given approval for the drafting of a Family Court Bill. Photograph: Nick Bradshaw
A new scheme to modernise and reform the family law court system has been approved by Cabinet.
Minister for Justice and Equality Helen McEntee was given approval for the drafting of a Family Court Bill and a general scheme of the proposed Bill has been published on the department’s website.
The new regime will see the establishment of a District Family Court, Circuit Family Court, and Family High Court, as divisions of the existing court structures.
It would also see the establishment of new positions within the judiciary of principal judge of the District Family Court, Circuit Family Court and Family High Court, with these judges being responsible for ensuring the proper and effective management of the family courts.
READ MORE
Judges will be appointed on a full-time basis to these positions in both the District Family Court and the Circuit Family Court for renewable terms of three years. Specialist knowledge and ongoing professional training in family law would be required of those appointed.
The Minister said she is determined her reforms will lead to the development of a more efficient and user-friendly system that puts families at the centre of its activities.
The new system will provide access to specialist supports, encourage the use of alternative dispute resolution and streamline court processes.
The programme for government contains a commitment to enact a Family Court Bill and to provide for court procedures that support a less adversarial resolution of disputes.
The overall aim of the reforms is to change the culture so that the focus of the family justice system becomes meeting the complex needs of people who need help with family justice issues, Ms McEntee said.
“The development of sensible, comprehensive and sensitive family law procedures, particularly for vulnerable families, will be central to the new system.”
The publication of the general scheme is a first step in an ongoing process of improving how people are able to resolve family-based problems that require a legal solution, she said.
Divorce
It is proposed to change the jurisdiction of the courts in judicial separation, divorce and dissolution of civil partnership proceedings, as well as cases taken by cohabitants, to enable jurisdiction to be exercised by the District Family Court and Circuit Family Court.
If straightforward and non-contentious cases which require court orders can be successfully resolved through mediation, the District Family Court could exercise jurisdiction in such cases.
It is intended that the Circuit Family Court would deal with complex or contested family law cases.
The Family High Court will have jurisdiction over adoption, child abduction and special care cases, as well as dealing with cases stated and appeals.
A dedicated Family Law Rules Committee will be established to ensure that the rules are coherent and applied with consistency across all levels of the family courts.
The new regime plans to allow greater access by researchers and court reporters to a wider range of court documents to facilitate research in relation to family law proceedings.
A Family Justice Oversight Group has been established to drive progress on the development of the national family justice service. The group, which is chaired by a senior official of the Department of Justice, will co-ordinate delivery of the various elements of the project. Its membership will include representatives from the judiciary, the Courts Service, the Legal Aid Board, and the Department of Children and Youth Affairs.


theirishtimes--2020-09-30--Hundreds of reports over possible Covid-19 breaches in food outlets – HSE figures show

Members of the public have made hundreds of reports over possible breaches of Covid-19 rules in food outlets , new figures show .
The HSE ’ s Environmental Health Service handled 330 “ contacts/queries ” concerning alleged failures to comply with Covid-19 restrictions in food establishments , including takeaways and retail outlets , between March and July .
From mid-March to June 29th Government restrictions precluded food premises from providing eating-in or dining facilities , with many businesses instead turning to takeaway and other offerings as a way of generating income .
The figures , released under the Freedom of @ @ @ @ @ @ @ an average of 48 reports a month concerning food establishments in March , April , May and June .
The figure jumped to 138 reports in July when restaurants could provide dining facilities in line with social distancing rules .
Responding to the figures , the Restaurants Association of Ireland said businesses should not have to bear sole responsibility for policing diners .
It said restrictions have changed and evolved since March and it is not surprising that there has been an increase in the number of queries to the HSE .
“ @ @ @ @ @ @ @ simultaneously having to educate staff but also customers and patrons of same , ” added the association ’ s chief executive , Adrian Cummins .
“ It seems Government or the applicable authority could also do some work to educate the public.
” Mr Cummins said an unfair public health role was being placed on restaurants and their staff .
“ Restaurants have always adhered to health and safety , food safety , and public safety ; however , it is unfair that as a sector we are increasingly being tasked as gatekeepers @ @ @ @ @ @ @ have reported being told by customers that they were the first people to inform travellers and diners of their obligations regarding ; social distancing in public places , applicable travel quarantine , restrictions on events and opening hours , restrictions on alcohol sales and use of masks .
“ Businesses can not be expected to have sole responsibility of informing and policing the actions of diners when it comes to public health.
” The highest number of reports concerned outlets in Dublin where 76 contacts/queries were made with the HSE .
Cork had @ @ @ @ @ @ @ most of these –18 – were made in March , followed by Wexford with 28 , Limerick ( 20 ) and Galway ( 19 ) .
On a provincial level , Leinster accounted for 182 complaints , Munster for 72 and Connacht for 47 while food outlets in Donegal , Monaghan and Cavan were the subject of a total of 25 reports .
The HSE said it reviewed all the contacts within a day and followed up with the businesses or the authorities “ These contacts/queries were all reviewed within 24 hours of @ @ @ @ @ @ @ of the business operator for attention/action or where appropriate were referred to other agencies/inspectorates or regulatory bodies , ” the HSE said .

The HSE received an average of 48 reports a month concerning food establishments in March, April, May and June. Photograph: iStock
Members of the public have made hundreds of reports over possible breaches of Covid-19 rules in food outlets, new figures show.
The HSE’s Environmental Health Service handled 330 “contacts/queries” concerning alleged failures to comply with Covid-19 restrictions in food establishments, including takeaways and retail outlets, between March and July.
From mid-March to June 29th Government restrictions precluded food premises from providing eating-in or dining facilities, with many businesses instead turning to takeaway and other offerings as a way of generating income.
The figures, released under the Freedom of Information Act, show the HSE received an average of 48 reports a month concerning food establishments in March, April, May and June. The figure jumped to 138 reports in July when restaurants could provide dining facilities in line with social distancing rules.
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Responding to the figures, the Restaurants Association of Ireland said businesses should not have to bear sole responsibility for policing diners.
Not surprised
It said restrictions have changed and evolved since March and it is not surprising that there has been an increase in the number of queries to the HSE.
“As restauranteurs implement new restrictions they are simultaneously having to educate staff but also customers and patrons of same,” added the association’s chief executive, Adrian Cummins. “It seems Government or the applicable authority could also do some work to educate the public.”
Mr Cummins said an unfair public health role was being placed on restaurants and their staff.
“Restaurants have always adhered to health and safety, food safety, and public safety; however, it is unfair that as a sector we are increasingly being tasked as gatekeepers of public health.
“Our members have reported being told by customers that they were the first people to inform travellers and diners of their obligations regarding; social distancing in public places, applicable travel quarantine, restrictions on events and opening hours, restrictions on alcohol sales and use of masks.
“Businesses cannot be expected to have sole responsibility of informing and policing the actions of diners when it comes to public health.”
Highest number
The highest number of reports concerned outlets in Dublin where 76 contacts/queries were made with the HSE. Cork had the next highest at 32, although most of these –18 – were made in March, followed by Wexford with 28, Limerick (20) and Galway (19).
On a provincial level, Leinster accounted for 182 complaints, Munster for 72 and Connacht for 47 while food outlets in Donegal, Monaghan and Cavan were the subject of a total of 25 reports.
The HSE said it reviewed all the contacts within a day and followed up with the businesses or the authorities
“These contacts/queries were all reviewed within 24 hours of receipt and either brought to the attention of the business operator for attention/action or where appropriate were referred to other agencies/inspectorates or regulatory bodies,” the HSE said.


theirishtimes--2020-09-29--Government nominates Nuala Butler to serve as High Court judge

Senior Counsel Nuala Butler has been nominated to serve as a judge of the High Court .
On Tuesday , @ @ @ @ @ taken the decision in order to fill the vacancy left following the appointment of Ms @ @ @ @ @ Court of Appeal earlier this month .
Educated at University College Dublin and the Honourable @ @ @ @ @ Inns , Ms Butler joined the Bar in 1986 and the Inner Bar in 2003 @ @ @ @ @ a member of the Employment Appeals Tribunal ; as chair of the Mining Board ; @ @ @ @ @ Council for Law reporting in Ireland .
“ At its meeting today , the Government @ @ @ @ @ SC for appointment as an Ordinary Judge to the High Court by the President of @ @ @ @ @ in a statement .
“ The Government has taken the necessary steps to formally advise @ @ @ @ @ in accordance with constitutional practice.
” Under the Constitution , the president makes judicial appointments @ @ @ @ @ .

Senior Counsel Nuala Butler has been nominated to serve as a judge of the High Court.
On Tuesday, the Government said it had taken the decision in order to fill the vacancy left following the appointment of Ms Justice Teresa Pilkington to the Court of Appeal earlier this month.
Educated at University College Dublin and the Honourable Society of King’s Inns, Ms Butler joined the Bar in 1986 and the Inner Bar in 2003.
She has served as a member of the Employment Appeals Tribunal; as chair of the Mining Board; and chair of the Incorporated Council for Law reporting in Ireland.
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“At its meeting today, the Government agreed to nominate Nuala Butler SC for appointment as an Ordinary Judge to the High Court by the President of Ireland,” it said in a statement.
“The Government has taken the necessary steps to formally advise President Higgins of the nomination in accordance with constitutional practice.”
Under the Constitution, the president makes judicial appointments on the advice of government.


theirishtimes--2020-09-29--Ryanair baggage handler who injured arm awarded €64,000 in damages

A Ryanair baggage handler who injured his arm when he gave a colleague a lift up to close a plane cargo hold has been awarded €64,536 damages by the High Court .
A stay pending appeal applies on the award made to Tomasz Zborowski , who is still an employee of the airline .
Mr Justice Kevin Cross acceded to a Ryanair application for a stay in the event of an appeal .
He also agreed to a stay on the immediate payout of €20,000 until any appeal comes before the Court of Appeal for a first directions hearing .
@ @ @ @ @ @ @ said Ryanair was clearly negligent and he did not see how liability should have been maintained in this case .
He said Mr Zborowski had suffered a very nasty and painful injury to the biceps and “ he does not make too much of it.
” The plaintiff was an honest witness who minimised his complaints , he said .
Mr Zborowski ( 39 ) , Waterside , Malahide , Dublin had sued Ryanair over the accident at Dublin Airport on June 24th 2017 .
It happened when a Ryanair flight came into @ @ @ @ @ @ @ back out to Malta .
In his evidence , the plaintiff said there was usually a turnaround time of 25 minutes to get bags and passengers on board .
He said the strap to pull down the cargo hold which was two metres from the ground was not there and he cupped his hands to lift his colleague up to reach the door .
He said he felt a heavy pain and a crack on his arm .
He later discovered he had a tear to the distal biceps and had to have @ @ @ @ @ @ @ for seven months after the accident and has been left with a scar on his arm .
He later faced a disciplinary hearing on the matter and received a written warning and his wages were stopped by Ryanair for a number of weeks .
In his proceedings he claimed failure to take any precautions for his safety and to provide an alternative means of closing the cargo hold .
He further claimed he was permitted to lift up a fellow employee for the purpose of closing the cargo hold due to time pressure @ @ @ @ @ @ @ failure to provide him with any or any adequate equipment to enable the cargo hold to be closed safely .
The claims were denied and Ryanair alleged contributory negligence and that Mr Zborowski failed to avail of available machinery and appliances .
Mr Justice Cross , giving judgment on the third day of the hearing , said he did not think time was a factor in the case .
Mr Zborowski , he said , was trained in the lifting of weights which pertained to handling luggage but at the ime of the @ @ @ @ @ @ @ method of closing the hold door when there was a broken strap .
T The judge said Mr Zborowski does not accept as accurate the description of the disciplinary meeting when he was reported as saying he made the “ wrong choice ” .
Mr Zborowski had of course made the wrong choice but making the wrong choice was not evidence of negligence , he said .
The baggage handler was dealing with a difficult but common occurrence for which he had no training , the judge held .

A Ryanair baggage handler who injured his arm when he gave a colleague a lift up to close a plane cargo hold has been awarded €64,536 damages by the High Court.
A stay pending appeal applies on the award made to Tomasz Zborowski, who is still an employee of the airline.
Mr Justice Kevin Cross acceded to a Ryanair application for a stay in the event of an appeal.
He also agreed to a stay on the immediate payout of €20,000 until any appeal comes before the Court of Appeal for a first directions hearing.
READ MORE
In his judgment, Mr Justice Cross said Ryanair was clearly negligent and he did not see how liability should have been maintained in this case.
He said Mr Zborowski had suffered a very nasty and painful injury to the biceps and “he does not make too much of it.”
The plaintiff was an honest witness who minimised his complaints, he said.
Mr Zborowski (39), Waterside, Malahide, Dublin had sued Ryanair over the accident at Dublin Airport on June 24th 2017.
It happened when a Ryanair flight came into Dublin Airport and was due to fly back out to Malta.
In his evidence, the plaintiff said there was usually a turnaround time of 25 minutes to get bags and passengers on board.
He said the strap to pull down the cargo hold which was two metres from the ground was not there and he cupped his hands to lift his colleague up to reach the door. He said he felt a heavy pain and a crack on his arm.
He later discovered he had a tear to the distal biceps and had to have surgery. He was out of work for seven months after the accident and has been left with a scar on his arm.
He later faced a disciplinary hearing on the matter and received a written warning and his wages were stopped by Ryanair for a number of weeks.
In his proceedings he claimed failure to take any precautions for his safety and to provide an alternative means of closing the cargo hold.
He further claimed he was permitted to lift up a fellow employee for the purpose of closing the cargo hold due to time pressure of the turnaround.
He also claimed failure to provide him with any or any adequate equipment to enable the cargo hold to be closed safely.
The claims were denied and Ryanair alleged contributory negligence and that Mr Zborowski failed to avail of available machinery and appliances.
Mr Justice Cross, giving judgment on the third day of the hearing, said he did not think time was a factor in the case.
Mr Zborowski, he said, was trained in the lifting of weights which pertained to handling luggage but at the ime of the incident had no training in the safe method of closing the hold door when there was a broken strap. T
The judge said Mr Zborowski does not accept as accurate the description of the disciplinary meeting when he was reported as saying he made the “wrong choice”.
Mr Zborowski had of course made the wrong choice but making the wrong choice was not evidence of negligence, he said .
The baggage handler was dealing with a difficult but common occurrence for which he had no training, the judge held.


theirishtimes--2020-09-29--Levels of food poverty since pandemic ‘tragic’, single parent body says

The level of food poverty and hunger a leading single parents ’ organisation has seen in the last six months has been “ tragic ” , its chief executive has warned .
Karen Kiernan said One Family had “ never dealt with the amount of food and hunger issues ” and at every meeting she attended since March people have talked about “ food and hunger ” .
“ Everywhere people with children were talking about families being hungry .
They have had bigger food bills because the children were at home .
“ Before Covid everything had been masked @ @ @ @ @ @ @ meals .
It was incredible .
We have never , as a small organisation , dealt with the amount food and hunger issues as we have .
There has been really , really tragic stuff.
” Ms Kiernan , who was speaking at an online conference , Tackling Child Poverty Before and After Covid-19 , hosted by the Society of St Vincent de Paul said many NGOs had to fund-raise during the lockdown to buy food .
“ That ’ s what we were doing in One Family , ” she said .
@ @ @ @ @ @ @ set a target of lifting 100,000 children out of poverty by this year “ it was never going to be achieved…there were never any structures put in place to ensure that would happen…but it was helpful to have a target ” .
During Covid there had been a “ real sense ” for the first time that Government departments were engaging with the NGO sector on child poverty .
“ That ’ s now starting to change and there ’ s a retraction .
We are worried because some of the social welfare @ @ @ @ @ @ @ , and conditionality is being introduced particularly for lone parents who can not work , because they don ’ t have childcare .
This is a loophole we are really concerned about .
We need to talk about this more , ” she said .
Satwat Rehman , director of One Parent Family Scotland , said following the incorporation of the UN Convention of the Rights of the Child into Scottish law NGOs were exploring how Article 27 could be enforced .
It guarantees “ the right of every child to a standard @ @ @ @ @ @ @ s physical , mental , spiritual , moral and social development ” .
And while parents have the main responsibility for these needs , it says the State “ shall take appropriate measures to assist parents and others responsible for the child…particularly with regard to nutrition , clothing and housing ” .
Quoting from a Scottish Government document on tackling child poverty , she said : “ It is clear when a family has less financial resources , when they face substandard service provision , when the streets they walk are less safe @ @ @ @ @ @ @ their homes are cramped and putting food on the table is a struggle , meeting all the needs of a child can be challenging ” .
A narrative was emerging in Scotland , she said , “ across lots of policy areas which recognises the impact of poverty and a lack of money on families and how that impacts on lots of other things ” .
Ms Kiernan said valuable work on the costs of a minimum essential standard of living had been done by the Vincentian Partnership .
“ But we are @ @ @ @ @ @ @ policy level .
”

Karen Kiernan said One Family had “never dealt with the amount of food and hunger issues” and at every meeting she attended since March people have talked about “food and hunger”. Photograph:iStock
The level of food poverty and hunger a leading single parents’ organisation has seen in the last six months has been “tragic”, its chief executive has warned.
Karen Kiernan said One Family had "never dealt with the amount of food and hunger issues" and at every meeting she attended since March people have talked about "food and hunger".
“Everywhere people with children were talking about families being hungry. They have had bigger food bills because the children were at home.
“Before Covid everything had been masked by schools - breakfast clubs, school meals. It was incredible. We have never, as a small organisation, dealt with the amount food and hunger issues as we have. There has been really, really tragic stuff.”
READ MORE
Ms Kiernan, who was speaking at an online conference, Tackling Child Poverty Before and After Covid-19, hosted by the Society of St Vincent de Paul said many NGOs had to fund-raise during the lockdown to buy food. “That’s what we were doing in One Family,” she said.
She said though the last government had set a target of lifting 100,000 children out of poverty by this year “it was never going to be achieved…there were never any structures put in place to ensure that would happen…but it was helpful to have a target”.
During Covid there had been a “real sense” for the first time that Government departments were engaging with the NGO sector on child poverty.
“That’s now starting to change and there’s a retraction. We are worried because some of the social welfare supports are being reduced and cut back, and conditionality is being introduced particularly for lone parents who cannot work, because they don’t have childcare. This is a loophole we are really concerned about. We need to talk about this more,” she said.
Satwat Rehman, director of One Parent Family Scotland, said following the incorporation of the UN Convention of the Rights of the Child into Scottish law NGOs were exploring how Article 27 could be enforced.
It guarantees “the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development”.
And while parents have the main responsibility for these needs, it says the State “shall take appropriate measures to assist parents and others responsible for the child…particularly with regard to nutrition, clothing and housing”.
Quoting from a Scottish Government document on tackling child poverty, she said: "It is clear when a family has less financial resources, when they face substandard service provision, when the streets they walk are less safe than other parts of town, when their homes are cramped and putting food on the table is a struggle, meeting all the needs of a child can be challenging".
A narrative was emerging in Scotland, she said, “across lots of policy areas which recognises the impact of poverty and a lack of money on families and how that impacts on lots of other things”.
Ms Kiernan said valuable work on the costs of a minimum essential standard of living had been done by the Vincentian Partnership. “But we are not yet seeing that adopted at any policy level.”


theirishtimes--2020-09-29--Student feels ‘hopeless’ after having six Leaving Cert marks downgraded

A Leaving Cert student who had six of her marks downgraded through the calculated grades process has said she feels “ lost and hopeless ” .
A breakdown of calculated grades figures , published earlier this week , showed that almost 100 Leaving Cert students had six or more of their teachers ’ estimated grades lowered under the Department of Education ’ s system .
Victoria Xu , who attended The Institute of Education in Dublin , was one of those students .
The 17-year-old intended to study engineering at Trinity College Dublin , however , following the standardisation process @ @ @ @ @ @ @ not receive any Level 8 offers from the Central Applications Office .
“ I ’ m sure the other students are feeling the same as I am : really lost and hopeless .
I don ’ t know what to do at the moment , ” she said .
Ms Xu has expressed concern over how the standardisation process worked , saying she doesn ’ t understand how “ they choose who to upgrade and who to downgrade and who to keep the same ” .
She has written to TDs on this @ @ @ @ @ @ @ just based on a system of luck ?
Is our future just a lottery after all our hard work and study ?
” The Dublin student has appealed the six grades but does not believe it will change her situation as the appeals process is confined to checking that all data was transferred and processed correctly by schools and the department .
She is now preparing to sit four Leaving Cert exams in November as she feels she has “ no other option ” .
The exams were postponed during the summer due @ @ @ @ @ @ @ grades system was introduced as a means to provide students with a basis to enter the higher education system this year .
Ms Xu feels she faces a disadvantage in sitting the exams late as she is recommencing her studies after six months away from school .
She and others taking the exams in November will be in competition with students who will complete their Leaving Cert next summer for college places .
“ There ’ s a huge gap between when we had school to when the exams were cancelled to now @ @ @ @ @ @ @ to prepare for the exams in such a short amount of time , ” she said .
“ I ’ m not afraid to sit the exams in November , but it ’ s about having to waste a year and start college in 2021.
” Ms Xu believes the appeals process should examine the grades of individual students rather than errors in the system and has said “ the Government should change the process as soon as possible for the students who were treated unfairly ” .
A record 12,000-plus Leaving Cert @ @ @ @ @ @ @ grades , while a number have initiated High Court proceedings over the process .
The deadline for applications to sit the 2020 Leaving Cert in November is 5pm on Friday .

Victoria Xu (17), who attended The Institute of Education in Dublin, had six of her Leaving Cert marks downgraded through the calculated grades process.
A Leaving Cert student who had six of her marks downgraded through the calculated grades process has said she feels “lost and hopeless”.
A breakdown of calculated grades figures, published earlier this week, showed that almost 100 Leaving Cert students had six or more of their teachers’ estimated grades lowered under the Department of Education’s system.
Victoria Xu, who attended The Institute of Education in Dublin, was one of those students.
The 17-year-old intended to study engineering at Trinity College Dublin, however, following the standardisation process, she lost 66 points and did not receive any Level 8 offers from the Central Applications Office.
READ MORE
“I’m sure the other students are feeling the same as I am: really lost and hopeless. I don’t know what to do at the moment,” she said.
Ms Xu has expressed concern over how the standardisation process worked, saying she doesn’t understand how “they choose who to upgrade and who to downgrade and who to keep the same”.
Lottery
She has written to TDs on this issue, asking “is our future just based on a system of luck? Is our future just a lottery after all our hard work and study?”
The Dublin student has appealed the six grades but does not believe it will change her situation as the appeals process is confined to checking that all data was transferred and processed correctly by schools and the department.
She is now preparing to sit four Leaving Cert exams in November as she feels she has “no other option”. The exams were postponed during the summer due to the Covid-19 pandemic and the predicted grades system was introduced as a means to provide students with a basis to enter the higher education system this year.
Ms Xu feels she faces a disadvantage in sitting the exams late as she is recommencing her studies after six months away from school. She and others taking the exams in November will be in competition with students who will complete their Leaving Cert next summer for college places.
Wasted year
“There’s a huge gap between when we had school to when the exams were cancelled to now, and it’s very stressful to prepare for the exams in such a short amount of time,” she said. “I’m not afraid to sit the exams in November, but it’s about having to waste a year and start college in 2021.”
Ms Xu believes the appeals process should examine the grades of individual students rather than errors in the system and has said “the Government should change the process as soon as possible for the students who were treated unfairly”.
A record 12,000-plus Leaving Cert students have sought rechecks of their calculated grades, while a number have initiated High Court proceedings over the process.
The deadline for applications to sit the 2020 Leaving Cert in November is 5pm on Friday.


theirishtimes--2020-09-29--Dismay at Bus Éireann decision to axe Dublin to Cork service

News that Bus Éireann is to end its Dublin to Cork Expressway service was greeted with shock and dismay on Tuesday by people in Cashel , one of seven stops serviced by the route .
Bus Éireann announced on Monday that its Expressway services between Dublin and Cork , Dublin and Galway and Dublin and Limerick are to cease and the Dublin-Belfast service is to be suspended indefinitely .
The move is in response to challenges posed by Covid-19 , said Bus Éireann .
It also said it had not yet determined cessation dates but changes are likely early next @ @ @ @ @ @ @ , Limerick and Galway routes expire .
Cashel chamber of commerce president Martin Lynch described the move as “ a kick in the teeth for the town ” .
“ Several years ago , private operators ended their express service between Cashel and Cork-Dublin and this decision by Bus Éireann will leave Cashel with no direct bus links to two of our major cities and airports , ” he said .
“ It will now make it difficult for people to travel for work , education or leisure purposes and is a further @ @ @ @ @ @ @ tourism sector .
It is short-sighted and flawed and needs to be reviewed and reversed.
” On the streets of Cashel the mood was gloomy .
Those using the service , which links the town and Cahir , were stunned at the decision .
Monica Corbett from Ardfinnan had just travelled from Cahir to Cashel on the Dublin-bound bus and said it was a vital service for people locally , in terms of local commuting and travelling to Cork and Dublin .
“ I ’ m working here in Cashel and I ’ @ @ @ @ @ @ @ past eight years I would have had to give up my job here were it not for this service .
.
.
it ’ s going to be a terrible loss for people going to hospital appointments too.
” Across the street , Sally O ’ Dwyer from Cashel was waiting to catch the Cork-bound bus to Cahir .
“ I just heard about Bus Éireann ’ s plans to cut the service a few minutes ago .
.
.
that ’ s crazy .
“ It ’ s a backward move .
@ @ @ @ @ @ @ to Dublin by bus , I would be on the bus at least once or twice a week to Cork or Dublin or Cahir so it will impact on us .
.
.
it will be very hard to get anywhere from Cashel.
” Not that it ’ s just commuters who will suffer .
Local cafe owner Stan Morrow of Stan ’ s Donut Bar spoke in June about how he was looking forward to garnering business with those waiting to catch a bus .
“ We get a lot of business @ @ @ @ @ @ @ the Cork bound and Dublin bound services – it ’ s nothing great at the moment because of Covid but in the normal course , it ’ s worth €100 a day .
So if we lose the bus it ’ s big blow.
” Fine Gael Cllr Declan Burgess said axing the X8 Expressway service would be a huge blow to the town , not just in terms of locals including students who use it to travel to Dublin and Cork but also local tourist attractions .
He said from talking to @ @ @ @ @ @ @ that a considerable number of people get the X8 to Cashel , “ visit the Rock ” and have their lunch in the town before going back to the city where they are based .
“ It ’ s going to have a huge negative impact and it ’ s not warranted so it ’ s important the community rallies around .
And I would call on all our Oireachtas members from Tipperary to stop this , we need to retain this service .
”

News that Bus Éireann is to end its Dublin to Cork Expressway service was greeted with shock and dismay on Tuesday by people in Cashel, one of seven stops serviced by the route.
Bus Éireann announced on Monday that its Expressway services between Dublin and Cork, Dublin and Galway and Dublin and Limerick are to cease and the Dublin-Belfast service is to be suspended indefinitely.
The move is in response to challenges posed by Covid-19, said Bus Éireann.
It also said it had not yet determined cessation dates but changes are likely early next year when emergency supports to the Cork, Limerick and Galway routes expire.
READ MORE
Cashel chamber of commerce president Martin Lynch described the move as "a kick in the teeth for the town".
“Several years ago, private operators ended their express service between Cashel and Cork-Dublin and this decision by Bus Éireann will leave Cashel with no direct bus links to two of our major cities and airports,” he said.
“It will now make it difficult for people to travel for work, education or leisure purposes and is a further blow to the planned recovery of our tourism sector. It is short-sighted and flawed and needs to be reviewed and reversed.”
On the streets of Cashel the mood was gloomy. Those using the service, which links the town and Cahir, were stunned at the decision.
Local reaction
Monica Corbett: ‘It’s going to be a terrible loss for people going to hospital appointments.’ Photograph: John D Kelly
Monica Corbett from Ardfinnan had just travelled from Cahir to Cashel on the Dublin-bound bus and said it was a vital service for people locally, in terms of local commuting and travelling to Cork and Dublin.
“I’m working here in Cashel and I’m coming from Cahir and over the past eight years I would have had to give up my job here were it not for this service . . . it’s going to be a terrible loss for people going to hospital appointments too.”
Sally O Dwyer: ‘I just heard about Bus Éireann’s plans to cut the service a few minutes ago . . . that’s crazy.’ Photograph: John D Kelly
Across the street, Sally O’Dwyer from Cashel was waiting to catch the Cork-bound bus to Cahir.
“I just heard about Bus Éireann’s plans to cut the service a few minutes ago . . . that’s crazy.
“It’s a backward move. I travel to Cork and I travel to Dublin by bus, I would be on the bus at least once or twice a week to Cork or Dublin or Cahir so it will impact on us . . . it will be very hard to get anywhere from Cashel.”
Not that it's just commuters who will suffer. Local cafe owner Stan Morrow of Stan's Donut Bar spoke in June about how he was looking forward to garnering business with those waiting to catch a bus.
“We get a lot of business off the buses every day – both the Cork bound and Dublin bound services – it’s nothing great at the moment because of Covid but in the normal course, it’s worth €100 a day. So if we lose the bus it’s big blow.”
Fine Gael Cllr Declan Burgess said axing the X8 Expressway service would be a huge blow to the town, not just in terms of locals including students who use it to travel to Dublin and Cork but also local tourist attractions.
He said from talking to the Office of Public Works he knew that a considerable number of people get the X8 to Cashel, “visit the Rock” and have their lunch in the town before going back to the city where they are based.
"It's going to have a huge negative impact and it's not warranted so it's important the community rallies around. And I would call on all our Oireachtas members from Tipperary to stop this, we need to retain this service."


theirishtimes--2020-09-29--Murder accused insisted he had not travelled to north Dublin on morning body found, court told

A murder accused insisted to gardaí that he had not travelled to north Co Dublin on the same morning that the body of his homeless friend was found there , a jury has heard .
The trial has already heard evidence that the accused man ’ s phone made a data connection at a cell site near Ballyboughal in north county Dublin at 00.53 on the morning Michael Kurek ’ s body was discovered , while the deceased ’ s phone also utilised a cell site at Ballyboughal at 00.52 on the same morning .
The jury also heard evidence @ @ @ @ @ @ @ DNA in a mixed profile taken from Mr Kurek ’ s Nokia phone matched the DNA of the accused Sebastian Barczuk .
The jurors spent Tuesday morning listening to the final Garda interview in the Central Criminal Court trial of Mr Barczuk ( 32 ) , who is charged with murdering Mr Kurek ( 33 ) over three years ago .
Mr Barczuk of Briarwood Lawn , Mulhuddart , Dublin 15 has pleaded not guilty to murdering the Polish national at a place unknown within the State between August 3rd and 4th , @ @ @ @ @ @ @ man with addiction difficulties , was found lying face down in the gateway of a country lane in Ballyboughal with 62 stab wounds to his body , including 25 knife wounds to his back on the morning of August 4th .
A Nokia 105 mobile phone was located in the right hand pocket of the deceased ’ s jeans and the handset was still powered on .
Evidence has been given that a cyclist discovered the deceased ’ s body lying next to a gateway in the Grange area of Ballyboughal on the @ @ @ @ @ @ @ State Pathologist Dr Michael Curtis has testified that Mr Kurek died from “ multiple stab wounds and with a contributory factor of blunt-force trauma to the head and chest ” .
Giving evidence on Tueday , Sergeant Adrian Mulligan told prosecution counsel Carl Hanahoe BL that he conducted the fifth and final interview with Mr Barczuk at Balbriggan Garda Station on April 5th , 2018 .
Detectives put it to Mr Barczuk that they had previously shown him evidence of his phone travelling to Ballyboughal as well as him being in Ballyboughal at @ @ @ @ @ @ @ , when Mr Kurek ’ s phone was also there .
“ I haven ’ t been there , ” he replied .
Gardai also put it to the accused that he had gone to Ballyboughal that night and murdered Mr Kurek .
“ That ’ s not me , ” he said .
Detectives suggested to Mr Barczuk that he had stabbed the deceased 62 times .
“ That ’ s not me , ” he insisted .
The defendant denied being in Ballyboughal and said he did not kill his friend @ @ @ @ @ @ @ that he had stabbed his former flatmate in the lungs , liver , kidney and small intestines .
“ This is not me , ” he said .
When gardai asked who it was , Mr Barczuk said : “ Not me ” .
When asked why he was in Ballyboughal on the night , the accused said he was “ never there ” .
Gardai told the defendant that all the evidence pointed to the fact that he and Mr Kurek had travelled the journey to Ballyboughal together on the night of @ @ @ @ @ @ @ ” he replied .
When asked by detectives if he could see how it looked , Mr Barczuk said : “ I don ’ t know .
I ’ m not a specialist.
” When gardai asked the accused why his Fiat Punto was in Ballyboughal at the same time his phone was there as well as Mr Kurek ’ s phone , Mr Barczuk replied : “ No ” .
The accused told detectives that he did not know if Mr Kurek was killed in the car and he had got rid @ @ @ @ @ @ @ not need it .
Last week , the jury viewed a montage of CCTV footage of a blue Fiat Punto travelling from the Clonsilla Inn at 9.18pm on August 3rd , through Lispopple Cross in Co Dublin at 00.19 and past Drishogue in Oldtown , Co Dublin at 00.56 on the morning of August 4 .
The jury previously heard evidence from Ms Ewa Raczka , who told prosecuting counsel Lorcan Staines SC that on August 2nd , 2017 — two days before the discovery of Mr Kurek ’ s body — she @ @ @ @ @ @ @ Detectives asked the defendant in his final interview if he had any remorse for his friend .
“ I didn ’ t do anything , ” he replied .
“ Do you care that he is dead ?
” asked gardai .
“ Obviously , ” Mr Barczuk replied .
The accused said he did not have time to go to his friend ’ s funeral .
When asked by gardai if there was anything else he wanted to ask or tell them , Mr Barczuk said : “ I ’ m innocent @ @ @ @ @ @ @ by asking the accused why he had travelled to Ballyboughal on the night of August 3rd , Mr Barczuk said : “ I haven ’ t been there ” .
Following this , gardai asked the defendant if he had ever been in Ballyboughal and he said : “ I do not remember such a thing ” .
Sandra McGrath from Forensic Science Ireland told Mr Hanahoe that a DNA profile was generated from both the accused man and deceased .
The witness said she carried out an examination on a number of @ @ @ @ @ @ @ Nokia mobile phone , which belonged to Mr Kurek .
Ms McGrath said she obtained a mixed DNA profile belonging to two people from the swabs with the higher amount of DNA coming from Mr Kurek and the lower amount belonging to Mr Barczuk .
“ The finding of the mixed profile on the swabs from the mobile phone is a thousand million times more likely to have originated from Mr Kurek and Mr Barczuk rather than Mr Kurek and an unknown person , ” she concluded .
Prosecution counsel Lorcan Staines SC @ @ @ @ @ @ @ that ultimately the question for them was “ who did it ” and not whether the deceased was murdered or not .
Counsel said the prosecution can not say where or why Mr Kurek was murdered and a murder weapon was never recovered .
The prosecution has told the jury that it will be asked to use circumstantial evidence to convict Mr Barczuk .
The trial continues before Mr Justice Tony Hunt and a jury of seven men and five women .

The trial continues before Mr Justice Tony Hunt and a jury of seven men and five women.
A murder accused insisted to gardaí that he had not travelled to north Co Dublin on the same morning that the body of his homeless friend was found there, a jury has heard.
The trial has already heard evidence that the accused man’s phone made a data connection at a cell site near Ballyboughal in north county Dublin at 00.53 on the morning Michael Kurek’s body was discovered, while the deceased’s phone also utilised a cell site at Ballyboughal at 00.52 on the same morning.
The jury also heard evidence on Tuesday that the lower amount of DNA in a mixed profile taken from Mr Kurek’s Nokia phone matched the DNA of the accused Sebastian Barczuk.
The jurors spent Tuesday morning listening to the final Garda interview in the Central Criminal Court trial of Mr Barczuk (32), who is charged with murdering Mr Kurek (33) over three years ago.
READ MORE
Mr Barczuk of Briarwood Lawn, Mulhuddart, Dublin 15 has pleaded not guilty to murdering the Polish national at a place unknown within the State between August 3rd and 4th, 2017.
Mr Kurek, a homeless man with addiction difficulties, was found lying face down in the gateway of a country lane in Ballyboughal with 62 stab wounds to his body, including 25 knife wounds to his back on the morning of August 4th. A Nokia 105 mobile phone was located in the right hand pocket of the deceased’s jeans and the handset was still powered on.
Evidence has been given that a cyclist discovered the deceased’s body lying next to a gateway in the Grange area of Ballyboughal on the morning of August 4th. Former Deputy State Pathologist Dr Michael Curtis has testified that Mr Kurek died from “multiple stab wounds and with a contributory factor of blunt-force trauma to the head and chest”.
Giving evidence on Tueday , Sergeant Adrian Mulligan told prosecution counsel Carl Hanahoe BL that he conducted the fifth and final interview with Mr Barczuk at Balbriggan Garda Station on April 5th, 2018.
Detectives put it to Mr Barczuk that they had previously shown him evidence of his phone travelling to Ballyboughal as well as him being in Ballyboughal at 00.55 on the morning of August 4th, when Mr Kurek’s phone was also there. “I haven’t been there,” he replied.
Gardai also put it to the accused that he had gone to Ballyboughal that night and murdered Mr Kurek. “That’s not me,” he said.
Detectives suggested to Mr Barczuk that he had stabbed the deceased 62 times. “That’s not me,” he insisted. The defendant denied being in Ballyboughal and said he did not kill his friend.
Gardai put it to the accused that he had stabbed his former flatmate in the lungs, liver, kidney and small intestines. “This is not me,” he said. When gardai asked who it was, Mr Barczuk said: “Not me”. When asked why he was in Ballyboughal on the night, the accused said he was “never there”.
Gardai told the defendant that all the evidence pointed to the fact that he and Mr Kurek had travelled the journey to Ballyboughal together on the night of August 3rd. “Not me,” he replied.
When asked by detectives if he could see how it looked, Mr Barczuk said: “I don’t know. I’m not a specialist.”
When gardai asked the accused why his Fiat Punto was in Ballyboughal at the same time his phone was there as well as Mr Kurek’s phone, Mr Barczuk replied: “No”.
The accused told detectives that he did not know if Mr Kurek was killed in the car and he had got rid of the Fiat Punto because he did not need it.
Last week, the jury viewed a montage of CCTV footage of a blue Fiat Punto travelling from the Clonsilla Inn at 9.18pm on August 3rd, through Lispopple Cross in Co Dublin at 00.19 and past Drishogue in Oldtown, Co Dublin at 00.56 on the morning of August 4.
The jury previously heard evidence from Ms Ewa Raczka, who told prosecuting counsel Lorcan Staines SC that on August 2nd, 2017 — two days before the discovery of Mr Kurek’s body — she sold Mr Barczuk a Fiat Punto.
Detectives asked the defendant in his final interview if he had any remorse for his friend. “I didn’t do anything,” he replied.
“Do you care that he is dead?” asked gardai. “Obviously,” Mr Barczuk replied. The accused said he did not have time to go to his friend’s funeral.
When asked by gardai if there was anything else he wanted to ask or tell them, Mr Barczuk said: “I’m innocent”.
When detectives concluded the interview by asking the accused why he had travelled to Ballyboughal on the night of August 3rd, Mr Barczuk said: “I haven’t been there”. Following this, gardai asked the defendant if he had ever been in Ballyboughal and he said: “I do not remember such a thing”.
Sandra McGrath from Forensic Science Ireland told Mr Hanahoe that a DNA profile was generated from both the accused man and deceased. The witness said she carried out an examination on a number of crime scene exhibits including swabs from a Nokia mobile phone, which belonged to Mr Kurek. Ms McGrath said she obtained a mixed DNA profile belonging to two people from the swabs with the higher amount of DNA coming from Mr Kurek and the lower amount belonging to Mr Barczuk. “The finding of the mixed profile on the swabs from the mobile phone is a thousand million times more likely to have originated from Mr Kurek and Mr Barczuk rather than Mr Kurek and an unknown person,” she concluded.
Prosecution counsel Lorcan Staines SC told the jury in his opening speech that ultimately the question for them was “who did it” and not whether the deceased was murdered or not. Counsel said the prosecution cannot say where or why Mr Kurek was murdered and a murder weapon was never recovered. The prosecution has told the jury that it will be asked to use circumstantial evidence to convict Mr Barczuk.
The trial continues before Mr Justice Tony Hunt and a jury of seven men and five women.