theirishtimes--2020-02-18--HSE managers cannot ignore parliamentary questions, says Reid

Health service managers will no longer be permitted to leave parliamentary questions or other political representations unanswered for weeks and months , the head of the Health Service Executive , Paul Reid , has instructed .
In a directive to senior management last week Mr Reid said that in future where performance in dealing with such questions and representations from politicians fell below par , he would “ require an explanation from the particular area or areas ” .
He maintained that long delays and poor levels of information contained in some replies was “ unacceptable and damages our reputation @ @ @ @ @ @ @ ” .
Mr Reid told HSE top management in the memo they were required and had an obligation as part of the democratic process to support and assist local and national elected representatives with their work in governance and in representing the public .
He said health service managers did this by responding to parliamentary questions , representations and queries from local and national elected members and by attending , supporting and assisting with the work of Dáil committees .
“ In my short time in the organisation , I have seen very @ @ @ @ @ @ @ community health organisations and hospital groups performing this role to a very high standard , ” he said .
“ Unfortunately I have also seen some very poor performances by some areas , particularly in response times and quality of replies to parliamentary questions and representations.
” He said he had also had “ a number of complaints ” sent to him from elected representatives “ regarding long delays in response to times and the quality of the information provided to them ” .
“ I am sure you will all agree that @ @ @ @ @ @ @ both publicly and with the political system , ” he said .
Mr Reid said he wanted senior HSE managers to ensure that with the formation of a new Dáil they had the necessary processes and systems in place to ensure they responded within the required time scales .
He said these were 10 days for replying to parliamentary questions and 15 days for responding to political representations .
He also urged managers to ensure that such replies to politicians from the HSE were “ of a high standard ” .
“ To @ @ @ @ @ @ @ requirement , I have asked the parliamentary affairs division [ of the HSE ] to provide me and each of you with a monthly performance report and , where performance is below par , I will require an explanation from the particular area ( s ) .
” “ As a new Dáil is being formed I am determined , with your co-operation and assistance , that we will see a vast improvement in this area of work and that we will no longer have parliamentary questions or representations or other responses to @ @ @ @ @ @ @ by any area of the HSE , ” Mr Reid said .

HSE chief executive Paul Reid: Senior managers must ensure with the formation of a new Dáil they have processes and systems to respond. Photograph: Alan Betson
Health service managers will no longer be permitted to leave parliamentary questions or other political representations unanswered for weeks and months, the head of the Health Service Executive, Paul Reid, has instructed.
In a directive to senior management last week Mr Reid said that in future where performance in dealing with such questions and representations from politicians fell below par, he would “require an explanation from the particular area or areas”.
He maintained that long delays and poor levels of information contained in some replies was “unacceptable and damages our reputation both publicly and with the political system”.
Democratic process
Mr Reid told HSE top management in the memo they were required and had an obligation as part of the democratic process to support and assist local and national elected representatives with their work in governance and in representing the public.
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He said health service managers did this by responding to parliamentary questions, representations and queries from local and national elected members and by attending, supporting and assisting with the work of Dáil committees.
“In my short time in the organisation, I have seen very good examples from some national divisions, community health organisations and hospital groups performing this role to a very high standard,” he said.
“Unfortunately I have also seen some very poor performances by some areas, particularly in response times and quality of replies to parliamentary questions and representations.”
He said he had also had “a number of complaints” sent to him from elected representatives “regarding long delays in response to times and the quality of the information provided to them”.
Reputational damage
“I am sure you will all agree that this is unacceptable and damages our reputation both publicly and with the political system,” he said.
Mr Reid said he wanted senior HSE managers to ensure that with the formation of a new Dáil they had the necessary processes and systems in place to ensure they responded within the required time scales.
He said these were 10 days for replying to parliamentary questions and 15 days for responding to political representations.
He also urged managers to ensure that such replies to politicians from the HSE were “of a high standard”.
“To ensure that we all comply with this requirement, I have asked the parliamentary affairs division [of the HSE] to provide me and each of you with a monthly performance report and, where performance is below par, I will require an explanation from the particular area(s).”
“As a new Dáil is being formed I am determined, with your co-operation and assistance, that we will see a vast improvement in this area of work and that we will no longer have parliamentary questions or representations or other responses to queries left unanswered for weeks and months by any area of the HSE,” Mr Reid said.


theirishtimes--2020-02-18--Former Christian Brother jailed for sexually assaulting boy (14)

A former Christian Brother has been jailed for 12 months for sexually assaulting a 14-year-old boy at the North Monastery secondary school in Cork after inviting him to attend a basketball training session in the sports hall .
Edward Bryan ( 67 ) with an address at Dugort , Achill Island , Co Mayo had pleaded guilty earlier this month at Cork Circuit Criminal Court to indecently assaulting the boy at the North Monastery between November 1st and December 31st 1981 .
Det Garda Eimear Brennan today told how Bryan had approached the boy when he was playing a hurling @ @ @ @ @ @ @ how fit he looked and invited him to a basketball training session but the boy said his gear was muddy and he had no other gear .
Bryan said he had some spare clothing and persuaded the boy to attend at the sports hall but when the boy showed up , he was surprised to discover he was there on his own and when Bryan arrived , he gave him a large tracksuit pants and then watched him change into them .
Bryan told the boy to start doing press-ups and as he @ @ @ @ @ @ @ back and pulled down his pants and he could feel Bryan ’ s erect penis touch his cheeks so he told Bryan to get off which he did and he left the room and did not come back .
Det Garda Brennan said that Bryan made no admissions when he was first arrested in March 2018 and interviewed about the sexual assault but he did plead guilty when he was arraigned on the charge earlier this month .
He also had nine previous convictions for indecent assault , she said .
The complainant @ @ @ @ @ @ @ his life changed when he sexually assaulted by Bryan as he recalled how failed his Intermediate Certificate as he froze with fear and nervousness when sitting the exam in the same hall where Bryan had sexually assaulted him .
“ Every day after that [ the sexual assault ] , I was a nervous wreck at school .
I worried what if Brother Bryan would ever become my teacher .
Would I have to face him again ?
The rest of my time in the North Mon went with worry and fear , @ @ @ @ @ @ @ anything from there on.
” He never told anyone about the abuse until he met his partner who later became his wife and confided in her and she listened quietly and comforted him when he got upset and she remains the only one outside of health professionals and gardaí that he has ever told about the sexual assault .
“ I am not here today in vindictiveness but I want Brother Bryan to know and hear how he destroyed my life .
.
.
I am finally believed and I have spoken the @ @ @ @ @ @ @ carried for years is no longer mine to carry , ” he told the court .
Defence barrister , Brendan Kelly BL said that his client was genuinely remorseful and he read out a letter of apology from Bryan to his victim before pleading for leniency and pointing out that his client had spared the complainant the trauma of a trial by his guilty plea .
Judge Brian O ’ Callaghan said that any sentence must be proportionate to the gravity of the offence including , not just the harm that Bryan had @ @ @ @ @ @ @ in committing these vile acts ” on a 14-year-old boy .
“ Although this offence happened a long time ago and such offences are often described as historical , they are by no means historical with the impact of these offences continuing every day of the week on the victim until they are addressed in a forum like this , ” he said .
Judge O ’ Callaghan acknowledged that Bryan had spared his victim the burden of a trial and that was a mitigating factor as was the fact that he had @ @ @ @ @ @ @ gardaí since they investigated the other assault cases which dated from the 1980s .
However there were also aggravating factors to the case which could not be ignored including the facts that “ the culpability was exceptionally high , the sexual assault was pre-meditated and the level of harm was exceptionally high.
” “ The court can not ignore the age of the victim and the serious breach of trust , the devastating effect of your actions on this young man , ” said Judge O ’ Callaghan as he sentenced Bryan to @ @ @ @ @ @ @ final 12 months .

A former Christian Brother has been jailed for 12 months for sexually assaulting a 14-year-old boy at the North Monastery secondary school in Cork after inviting him to attend a basketball training session in the sports hall.
Edward Bryan (67) with an address at Dugort, Achill Island, Co Mayo had pleaded guilty earlier this month at Cork Circuit Criminal Court to indecently assaulting the boy at the North Monastery between November 1st and December 31st 1981.
Det Garda Eimear Brennan today told how Bryan had approached the boy when he was playing a hurling match at the school, remarked on how fit he looked and invited him to a basketball training session but the boy said his gear was muddy and he had no other gear.
Bryan said he had some spare clothing and persuaded the boy to attend at the sports hall but when the boy showed up, he was surprised to discover he was there on his own and when Bryan arrived, he gave him a large tracksuit pants and then watched him change into them.
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Bryan told the boy to start doing press-ups and as he did, Bryan climbed on to his back and pulled down his pants and he could feel Bryan’s erect penis touch his cheeks so he told Bryan to get off which he did and he left the room and did not come back.
Previous convictions
Det Garda Brennan said that Bryan made no admissions when he was first arrested in March 2018 and interviewed about the sexual assault but he did plead guilty when he was arraigned on the charge earlier this month. He also had nine previous convictions for indecent assault, she said.
The complainant told in a Victim Impact Statement how his life changed when he sexually assaulted by Bryan as he recalled how failed his Intermediate Certificate as he froze with fear and nervousness when sitting the exam in the same hall where Bryan had sexually assaulted him.
“Every day after that [the sexual assault], I was a nervous wreck at school. I worried what if Brother Bryan would ever become my teacher. Would I have to face him again? The rest of my time in the North Mon went with worry and fear, not listening in class and not learning anything from there on.”
He never told anyone about the abuse until he met his partner who later became his wife and confided in her and she listened quietly and comforted him when he got upset and she remains the only one outside of health professionals and gardaí that he has ever told about the sexual assault.
“I am not here today in vindictiveness but I want Brother Bryan to know and hear how he destroyed my life . . . I am finally believed and I have spoken the truth and the dirty secret I have carried for years is no longer mine to carry,” he told the court.
Defence barrister, Brendan Kelly BL said that his client was genuinely remorseful and he read out a letter of apology from Bryan to his victim before pleading for leniency and pointing out that his client had spared the complainant the trauma of a trial by his guilty plea.
‘Vile acts’
Judge Brian O’Callaghan said that any sentence must be proportionate to the gravity of the offence including, not just the harm that Bryan had caused but also his “moral culpability in committing these vile acts” on a 14-year-old boy.
“Although this offence happened a long time ago and such offences are often described as historical, they are by no means historical with the impact of these offences continuing every day of the week on the victim until they are addressed in a forum like this,” he said.
Judge O’Callaghan acknowledged that Bryan had spared his victim the burden of a trial and that was a mitigating factor as was the fact that he had not come to the attention of the gardaí since they investigated the other assault cases which dated from the 1980s.
However there were also aggravating factors to the case which could not be ignored including the facts that “the culpability was exceptionally high, the sexual assault was pre-meditated and the level of harm was exceptionally high.”
“The court cannot ignore the age of the victim and the serious breach of trust, the devastating effect of your actions on this young man,” said Judge O’Callaghan as he sentenced Bryan to two years in jail but suspended the final 12 months.


theirishtimes--2020-02-18--Judge hopes report sheds light on why man sexually assaulted girl in shop

A judge has ordered a probation report in an attempt to understand what prompted a 51-year-old man with no previous history of sexual misconduct to sexually assault a teenage girl as she walked with her mother through a shop .
Michael Toner , from MacSwiney Quay , Bandon , Co Cork , had denied the sexual assault of the 14-year-old girl at Penney ’ s in Cork city centre on July 3rd , 2018 .
However , a jury at Cork Circuit Criminal Court found him guilty after deliberating for more than an hour .
In a victim impact statement @ @ @ @ @ @ @ by investigating officer Garda Don McCarthy , she recalled how Toner grabbed her by her private parts without warning as she walked through the store with her mother .
“ I was very upset and crying .
In the beginning I was thinking about it all the time , ” said the girl , who explained that she used to love going shopping with her mother but was apprehensive about going into Cork since the sexual assault .
Defence barrister Niamh Stewart BL pleaded for leniency and pointed out that her client had @ @ @ @ @ @ @ She also said the sexual assault was at the lower end of the scale for such offences as it involved touching the girl through her clothing .
Ms Stewart said the Director of Public Prosecutions had taken a similarly view as she had consented to the matter being dealt with in the district court , but Toner opted for trial by judge and jury and that was why the matter ended up in the circuit court .
She pleaded for leniency on the basis that Toner would end up on the Sex Offenders @ @ @ @ @ @ @ accommodation as a result of being jailed .
He was also at risk of losing his job on foot of a jail sentence .
Judge Brian O ’ Callaghan said it was a very upsetting case for the girl given her age and he said the court was as impressed with her evidence as was the jury .
He acknowledged the trauma that the assault had caused her .
However , the judge said he was perplexed by the fact that Toner would sexually assault a young girl in this manner given that @ @ @ @ @ @ @ and had no previous record of engaging in such misconduct .
“ He has never done anything of this nature before in his 51 years on the planet .
I am anxious to find out where this offence came from , ” he said .
Describing the sexual assault as “ a horrible incident ” , Judge O ’ Callaghan remanded Toner in custody to allow for a preparation of a Probation Report which he believed could assist the court in sentencing .
He adjourned the matter to April 22nd .

Michael Toner, from MacSwiney Quay, Bandon, Co Cork, denied the sexual assault of a 14-year-old girl at Penney’s in Cork city centre on July 3rd, 2018.
A judge has ordered a probation report in an attempt to understand what prompted a 51-year-old man with no previous history of sexual misconduct to sexually assault a teenage girl as she walked with her mother through a shop.
Michael Toner, from MacSwiney Quay, Bandon, Co Cork, had denied the sexual assault of the 14-year-old girl at Penney's in Cork city centre on July 3rd, 2018. However, a jury at Cork Circuit Criminal Court found him guilty after deliberating for more than an hour.
In a victim impact statement delivered on the girl’s behalf by investigating officer Garda Don McCarthy, she recalled how Toner grabbed her by her private parts without warning as she walked through the store with her mother.
“I was very upset and crying. In the beginning I was thinking about it all the time,” said the girl, who explained that she used to love going shopping with her mother but was apprehensive about going into Cork since the sexual assault.
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Defence barrister Niamh Stewart BL pleaded for leniency and pointed out that her client had no previous convictions for sexual offences. She also said the sexual assault was at the lower end of the scale for such offences as it involved touching the girl through her clothing.
Ms Stewart said the Director of Public Prosecutions had taken a similarly view as she had consented to the matter being dealt with in the district court, but Toner opted for trial by judge and jury and that was why the matter ended up in the circuit court.
Leniency
She pleaded for leniency on the basis that Toner would end up on the Sex Offenders Register and said he would lose his accommodation as a result of being jailed. He was also at risk of losing his job on foot of a jail sentence.
Judge Brian O’Callaghan said it was a very upsetting case for the girl given her age and he said the court was as impressed with her evidence as was the jury. He acknowledged the trauma that the assault had caused her.
However, the judge said he was perplexed by the fact that Toner would sexually assault a young girl in this manner given that he proffered no explanation for his behaviour and had no previous record of engaging in such misconduct.
“He has never done anything of this nature before in his 51 years on the planet. I am anxious to find out where this offence came from,” he said.
Describing the sexual assault as “a horrible incident”, Judge O’Callaghan remanded Toner in custody to allow for a preparation of a Probation Report which he believed could assist the court in sentencing.
He adjourned the matter to April 22nd.


theirishtimes--2020-02-18--Person claiming to represent ‘ghost ship’ owner comes forward

A person claiming to represent the owner of the “ ghost ship ” which washed up on the Cork coast during Storm Dennis has come forward .
The Revenue Commissioners is the “ receiver of wrecks ” for the vessel and has been contacted by a person who says they are representing the owner of the MV Alta .
According to a spokesman for the Revenue Commissioners , the person who has made contact has been asked to produce the necessary documentation to prove ownership .
“ We are investigating these claims of ownership and are awaiting the production of @ @ @ @ @ @ @ of ownership , ” a Revenue spokesman said .
Meanwhile , a salvage expert has warned that delays in deciding what to do with the ship will increase the risk of environmental pollution and ultimately lead to a more expensive salvage operation .
Sean Harrington of Atlantic Towage and Marine said he had inspected the MV Alta on the rocks west of Ballycotton where she had become snagged .
He said he believed she was currently salvageable without great difficulty but any delay would make the job more difficult and more expensive .
@ @ @ @ @ @ @ above the high water mark .
She has a gash on her hull but it wasn ’ t too bad and at low water you could seal up the gash , ” he said .
He said the ship “ could probably have been pulled off at high tide yesterday ” .
“ But the longer it goes on , the more she is going to become an environmental hazard and the bigger a job it ’ s going to become and the more money it ’ s going to cost to do @ @ @ @ @ @ @ who has over 10 years experience in the salvage operation .
Based on Bere Island in west Cork , Mr Harrington was involved in the salvage of the racing yacht , Rambler 100 when she overturned off Baltimore in August 2011 .
He was also involved in the salvage of the Tall Ship , the Astrid when she sank off Kinsale in July 2013 .
He said the 77-metre , 2,300 ton MV Alta has very little scrap value but needs to be removed from the rocks at Ballyandrean to remove any risk @ @ @ @ @ @ @ , Cork County Council has said its marine contractor boarded the stricken freighter on Tuesday morning and carried out a preliminary examination of the ship and the pollution risk it posed to the environment from a fuel spillage .
It said the initial indications are that there is only a small amount of diesel fuel in its tanks but the fuel tanks are divided into compartments and not all were accessible for inspection due to water on board the ship .
The marine contractor will begin pumping water from the stricken vessel on @ @ @ @ @ @ @ allow the inspection of the fuel tanks to be completed and a full assessment of the pollution risk that the ship poses .
“ There is no cargo on board but a number of sealed containers of oil and other materials incidental to the running of a ship were found which may pose a pollution risk in the event of their spillage .
Plans are currently being evaluated in order to have these materials safely removed from the wreck , ” it said .
“ Cork County Council remains satisfied that there is @ @ @ @ @ @ @ Bay special protection area or nearby proposed natural heritage areas.
” Consultations are continuing with the Irish Coast Guard , the Receiver of Wrecks and other relevant bodies about what to do with the wreck , the council said .
The council also said it was aware of reports of members of the public boarding the freighter .
It said it is extremely dangerous and could pose a risk to life as the wreck is located on a dangerous and inaccessible stretch of coastline and is in an unstable condition .
The MV @ @ @ @ @ @ @ 10 in October 2018 when it became disabled en route from Greece to Haiti .
The ship became lodged on the rocks at Ballyandrean near Ballycotton at the height of Storm Dennis on Sunday .

Personnel from Cork County Council board the wreck of the ghost ship MV Alta, driven aground during Storm Dennis near Ballycotton, Co Cork. Photograph: David Creedon/Anzenberger
A person claiming to represent the owner of the “ghost ship” which washed up on the Cork coast during Storm Dennis has come forward.
The Revenue Commissioners is the “receiver of wrecks” for the vessel and has been contacted by a person who says they are representing the owner of the MV Alta.
According to a spokesman for the Revenue Commissioners, the person who has made contact has been asked to produce the necessary documentation to prove ownership.
“We are investigating these claims of ownership and are awaiting the production of the necessary documentation to prove these claims of ownership,” a Revenue spokesman said.
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Meanwhile, a salvage expert has warned that delays in deciding what to do with the ship will increase the risk of environmental pollution and ultimately lead to a more expensive salvage operation.
Sean Harrington of Atlantic Towage and Marine said he had inspected the MV Alta on the rocks west of Ballycotton where she had become snagged. He said he believed she was currently salvageable without great difficulty but any delay would make the job more difficult and more expensive.
“She’s not that far above the high water mark. She has a gash on her hull but it wasn’t too bad and at low water you could seal up the gash,” he said.
He said the ship “could probably have been pulled off at high tide yesterday”.
“But the longer it goes on, the more she is going to become an environmental hazard and the bigger a job it’s going to become and the more money it’s going to cost to do it,” said Mr Harrington, who has over 10 years experience in the salvage operation.
Based on Bere Island in west Cork, Mr Harrington was involved in the salvage of the racing yacht, Rambler 100 when she overturned off Baltimore in August 2011. He was also involved in the salvage of the Tall Ship, the Astrid when she sank off Kinsale in July 2013.
Little scrap value
He said the 77-metre, 2,300 ton MV Alta has very little scrap value but needs to be removed from the rocks at Ballyandrean to remove any risk of pollution from fuel spillage.
Meanwhile, Cork County Council has said its marine contractor boarded the stricken freighter on Tuesday morning and carried out a preliminary examination of the ship and the pollution risk it posed to the environment from a fuel spillage.
It said the initial indications are that there is only a small amount of diesel fuel in its tanks but the fuel tanks are divided into compartments and not all were accessible for inspection due to water on board the ship.
The marine contractor will begin pumping water from the stricken vessel on Wednesday, it said, which should allow the inspection of the fuel tanks to be completed and a full assessment of the pollution risk that the ship poses.
“There is no cargo on board but a number of sealed containers of oil and other materials incidental to the running of a ship were found which may pose a pollution risk in the event of their spillage. Plans are currently being evaluated in order to have these materials safely removed from the wreck,” it said.
No visible pollution
“Cork County Council remains satisfied that there is currently no visible pollution within the Ballycotton Bay special protection area or nearby proposed natural heritage areas.”
Consultations are continuing with the Irish Coast Guard, the Receiver of Wrecks and other relevant bodies about what to do with the wreck, the council said. The council also said it was aware of reports of members of the public boarding the freighter. It said it is extremely dangerous and could pose a risk to life as the wreck is located on a dangerous and inaccessible stretch of coastline and is in an unstable condition.
The MV Alta was abandoned by its crew of 10 in October 2018 when it became disabled en route from Greece to Haiti. The ship became lodged on the rocks at Ballyandrean near Ballycotton at the height of Storm Dennis on Sunday.


theirishtimes--2020-02-18--Alan Kelly and Aodhán Ó Ríordáin: Who are the Labour leader contenders?

Alan Kelly and Aodhán Ó Ríordáin , the two contenders in the Labour leadership contest , were both first elected to the Dáil as part of the so-called “ Gilmore Gale ” of 2011 , when the party won 37 seats and entered government with Fine Gael .
Kelly ( 44 ) , from Portroe , Co Tipperary , was the Labour deputy leader under former tánaiste Joan Burton between 2014 and 2016 .
He also served as minister for the environment during that period of the Fine Gael-Labour coalition .
Between 2011 and 2014 he was minister of state @ @ @ @ @ @ @ Taoiseach Leo Varadkar was the senior minister in the department .
He was a Senator between 2007 and 2009 , and was then an MEP for Ireland South between 2009 and 2011 .
Kelly was previously an e-business manager with Fáilte Ireland , and his brother , businessman Declan Kelly , is the chief executive of global consultancy firm Teneo .
Declan Kelly was appointed as economic envoy to Northern Ireland by Hillary Clinton during her time as US secretary of state .
Alan Kelly said his brother will not be involved in @ @ @ @ @ @ @ with one son and one daughter .
His previous effort to run for Labour leader in 2016 was thwarted when he failed to secure a nomination from his parliamentary Labour party colleagues .
In the recent general election , Ó Ríordáin ( 43 ) won back the Dublin Bay North seat he lost at the 2016 election .
He was first elected in the old Dublin North Central constituency in 2011 , and served as minister of state with responsibility for equality , new community and culture across the Department of Justice and @ @ @ @ @ @ @ the Gaeltacht between 2014 and 2016 .
Between 2015 and 2016 , he was also given responsibility for the national drugs strategy , and championed the policy of introducing supervised injecting centres .
After he lost his Dáil seat in 2016 , he was elected to the Seanad , and prior to his entry into national politics he was a member of Dublin City Council between 2004 and 2007 .
He is a teacher by profession , and was previously principal at St Laurence O ’ Toole ’ s girls ’ school on @ @ @ @ @ @ @ inner city .
Ó Ríordáin is married with one daughter .
Originally hailing from Malahide , Co Dublin , he now lives in Drumcondra .

Aodhán Ó Ríordáin (left) and Alan Kelly in the RDS, Dublin during the 2016 general election. File photograph: Gareth Chaney/Collins
Alan Kelly and Aodhán Ó Ríordáin, the two contenders in the Labour leadership contest, were both first elected to the Dáil as part of the so-called "Gilmore Gale" of 2011, when the party won 37 seats and entered government with Fine Gael.
Kelly (44), from Portroe, Co Tipperary, was the Labour deputy leader under former tánaiste Joan Burton between 2014 and 2016. He also served as minister for the environment during that period of the Fine Gael-Labour coalition.
Between 2011 and 2014 he was minister of state for transport, tourism and Sport when Taoiseach Leo Varadkar was the senior minister in the department. He was a Senator between 2007 and 2009, and was then an MEP for Ireland South between 2009 and 2011.
Kelly was previously an e-business manager with Fáilte Ireland, and his brother, businessman Declan Kelly, is the chief executive of global consultancy firm Teneo. Declan Kelly was appointed as economic envoy to Northern Ireland by Hillary Clinton during her time as US secretary of state.
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Alan Kelly said his brother will not be involved in his leadership bid.
Kelly is married with one son and one daughter. His previous effort to run for Labour leader in 2016 was thwarted when he failed to secure a nomination from his parliamentary Labour party colleagues.
Dublin Bay North
In the recent general election, Ó Ríordáin (43) won back the Dublin Bay North seat he lost at the 2016 election. He was first elected in the old Dublin North Central constituency in 2011, and served as minister of state with responsibility for equality, new community and culture across the Department of Justice and the Department of Arts, Heritage and the Gaeltacht between 2014 and 2016.
Between 2015 and 2016, he was also given responsibility for the national drugs strategy, and championed the policy of introducing supervised injecting centres.
After he lost his Dáil seat in 2016, he was elected to the Seanad, and prior to his entry into national politics he was a member of Dublin City Council between 2004 and 2007.
He is a teacher by profession, and was previously principal at St Laurence O’Toole’s girls’ school on Sheriff Street in Dublin’s north inner city.
Ó Ríordáin is married with one daughter. Originally hailing from Malahide, Co Dublin, he now lives in Drumcondra.


theirishtimes--2020-02-18--Graham Dwyer phone data appeal ruling due next week

A seven judge Supreme Court will give judgment on Monday on the State ’ s appeal over a key phone data ruling which could assist Graham Dwyer in seeking to overturn his conviction for the murder of childcare worker Elaine O ’ Hara .
The State says the High Court ruling has implications extending well beyond Dwyer ’ s case and means enormous adverse consequences for investigation and prosecution of serious crime .
The appeal was heard last December over two and a half days and judgment was reserved .
Judgment will now be given on Monday during the Supreme @ @ @ @ @ @ @ Waterford .
The appeal concerns a December 2018 High Court decision in favour of Dwyer ’ s challenge to the validity of provisions of a data law under which certain mobile phone call data records were put into evidence at his criminal trial .
The prosecution attributed two mobile phones to Dwyer following a detailed analysis of call records in order to build up a clear picture of his movements between October 2011 and August 2012 .
Ms O ’ Hara was last seen alive in a public park in Shanganagh , Dublin @ @ @ @ @ @ @ remains were found in Killakee mountain , south of Dublin , in September 2013 .
In his High Court judgment , Mr Justice Tony O ’ Connor held that aspects of the Communications ( Retention of Data ) Act 2011 governing retention and disclosure of mobile phone data contravene EU law as they permitted indiscriminate retention of data and a data access regime without prior review by a court or other independent body .
Access to retained data must be requested by a Garda Chief Supt and the Garda Commissioner must report annually @ @ @ @ @ @ @ disclosure requests .
The 2011 Act was introduced to have Irish law conform with an EU Directive which was later struck down by the Court of Justice of the EU ( CJEU ) .
The interpretation of various CJEU decisions concerning retention of , and access to , data is in dispute between the sides in the State ’ s appeal .
Both sides have agreed , if the Supreme Court considers a lack of clarity arises from the CJEU decisions , it should refer issues to the CJEU .
The State maintains @ @ @ @ @ @ @ data retention unlawful once that is justified by a proportionality assessment involving balancing data privacy/protection rights on the one hand and , on the other , the rights to life and personal protection , and the State ’ s interest in investigating and prosecuting serious crime Having carried out such an exercise , it says the Supreme Court should conclude the 2011 provisions are not disproportionate .
Dwyer accepts the High Court decision has profound consequences beyond his case but says his concern is limited to asserting that data from one phone was @ @ @ @ @ @ @ Court was told , if Dwyer ’ s trial was to be heard now , the High Court decision would mean none of the call data from five phones accessed by gardaí would be admissible as evidence .

Graham Dwyer accepts the High Court decision has profound consequences beyond his case but says his concern is limited to asserting that data from one phone was inadmissible at his trial. Photograph: Cyril Byrne/The Irish Times
A seven judge Supreme Court will give judgment on Monday on the State's appeal over a key phone data ruling which could assist Graham Dwyer in seeking to overturn his conviction for the murder of childcare worker Elaine O'Hara.
The State says the High Court ruling has implications extending well beyond Dwyer's case and means enormous adverse consequences for investigation and prosecution of serious crime. The appeal was heard last December over two and a half days and judgment was reserved. Judgment will now be given on Monday during the Supreme Court's first ever sitting in Waterford.
The appeal concerns a December 2018 High Court decision in favour of Dwyer’s challenge to the validity of provisions of a data law under which certain mobile phone call data records were put into evidence at his criminal trial.
The prosecution attributed two mobile phones to Dwyer following a detailed analysis of call records in order to build up a clear picture of his movements between October 2011 and August 2012.
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Ms O’Hara was last seen alive in a public park in Shanganagh, Dublin on August 22nd, 2012. Her remains were found in Killakee mountain, south of Dublin, in September 2013. In his High Court judgment, Mr Justice Tony O’Connor held that aspects of the Communications (Retention of Data) Act 2011 governing retention and disclosure of mobile phone data contravene EU law as they permitted indiscriminate retention of data and a data access regime without prior review by a court or other independent body.
Not unlawful
Access to retained data must be requested by a Garda Chief Supt and the Garda Commissioner must report annually to the Minister for Justice on all disclosure requests.
The 2011 Act was introduced to have Irish law conform with an EU Directive which was later struck down by the Court of Justice of the EU (CJEU). The interpretation of various CJEU decisions concerning retention of, and access to, data is in dispute between the sides in the State’s appeal.
Both sides have agreed, if the Supreme Court considers a lack of clarity arises from the CJEU decisions, it should refer issues to the CJEU.
The State maintains the CJEU decisions do not render general data retention unlawful once that is justified by a proportionality assessment involving balancing data privacy/protection rights on the one hand and, on the other, the rights to life and personal protection, and the State’s interest in investigating and prosecuting serious crime Having carried out such an exercise, it says the Supreme Court should conclude the 2011 provisions are not disproportionate.
Dwyer accepts the High Court decision has profound consequences beyond his case but says his concern is limited to asserting that data from one phone was inadmissible at his trial.
The Supreme Court was told, if Dwyer’s trial was to be heard now,the High Court decision would mean none of the call data from five phones accessed by gardaí would be admissible as evidence.


theirishtimes--2020-02-18--Murder accused protrayed as ‘a moron’ and ‘Machiavelli himself’

A man accused of murdering his partner ’ s mother has been portrayed as both “ a moron ” and “ Machiavelli himself ” during his trial , the Central Criminal Court has heard .
Conor Devally SC said his client Kieran Greene ( 35 ) had a “ developmental difficulty ” and was portrayed as a “ moron ” and “ a donkey ” but had also supposedly buried Patricia O ’ Connor in a shallow grave in the middle of the night without being noticed .
Counsel suggested that the Mrs O ’ Connor ’ s husband , @ @ @ @ @ @ @ , was “ intimately involved ” in ensuring her body was disposed of .
Mr Greene has pleaded not guilty to murdering Mrs O ’ Connor at her home in Mountainview Park , Rathfarnham , Dublin 14 on May 29th , 2017 .
He is the former partner of her daughter Louise O ’ Connor , with whom he has three children .
Louise O ’ Connor ( 41 ) and her daughter Stephanie O ’ Connor ( 22 ) , both of Millmount Court , Dundrum Road , and Louise O ’ @ @ @ @ @ @ @ 43 ) , of Avonbeg Gardens , Tallaght , are all charged with impeding the apprehension or prosecution of Mr Greene .
The trial has heard that Patricia O ’ Connor ’ s body was dismembered and found at nine locations in the Dublin and Wicklow mountains between June 10th and 14th , 2017 .
Former deputy State pathologist Dr Michael Curtis told the court that Patricia O ’ Connor ’ s head sustained a minimum of three blows with a solid implement and the cause of death was blunt force trauma to @ @ @ @ @ @ @ that Mr Greene walked into Rathfarnham Garda station on June 12th , 2017 and told a detective he had done “ something terrible ” and dismembered the body of Patricia O ’ Connor alone .
He told gardaí he was in the bathroom when Patricia O ’ Connor walked in and hit him with a hurl on the wrist , saying ‘ Get out , Get out ’ .
Mr Greene said he grabbed the hurl from her , hit her and did not know want happened next as when he woke up @ @ @ @ @ @ @ .
Six months after he was charged with her murder , Mr Greene changed his account and told gardaí he had taken “ the rap ” .
He felt he was being set-up as Louise O ’ Connor had since got back together with her ex-boyfriend , Mr Johnston .
In the December interview , Mr Greene told detectives that Mr O ’ Connor had killed his wife using a crowbar and he had taken the blame .
In his closing statement , Mr Devally said Mr Greene had given two accounts of @ @ @ @ @ @ @ .
The initial contention that Mr Greene had done everything alone was “ a whole pack of lies ” but the prosecution still decided to treat this as a full account of murder .
He said the prosecution wanted the jury to “ cherry pick the bit ” that goes with his guilt .
“ You have been told in every other aspect of the case that what he says is false and are yet being told ( the June account ) must be true , ” he submitted .
He asked the @ @ @ @ @ @ @ Patricia O ’ Connor , removed her body from the house and cut her up without anyone knowing or helping him .
Going through the evidence heard , Mr Devally said a decision was made very quickly on May 29th , 2017 that the children could not see anything and they left the house and went to the park with Louise and Stephanie O ’ Connor at 6.53pm .
Mr Devally said the jury knew that Mr O ’ Connor did not go to the park immediately with the others and there was @ @ @ @ @ @ @ had to take the crowbar with him , someone had to dispose of that , ” said Mr Devally .
Evidence has been given that Mr O ’ Connor was originally part of the trial but shortly before it began , he pleaded guilty to reporting his wife as a missing person on June 1st , 2017 , when he knew that she was already dead .
Counsel suggested to the jury that no one else was interested in protecting Mr Greene and if anyone was going to be defended it was not @ @ @ @ @ @ @ persuaded ” to take the blame and said he would take it all on himself , he said , adding that his children would then have a mother and a grandfather with a house .
Mr Devally said his client wanted to tell the truth when he visited gardaí in December .
He asked the jury was it reasonably possible that Mr Greene did not kill Mrs O ’ Connor as much of what was said in his December interview had “ an awful lot of truth in it ” .
“ He @ @ @ @ @ @ @ he is Machiavelli himself , a mastermind .
It doesn ’ t add up , ” he said and urged the jury to acquit his client of murder .
Defence counsel Garnet Orange SC , for Stephanie O ’ Connor , will give his closing speech to the jury on Wednesday .

Kieran Greene has pleaded not guilty to murdering Patricia O’Connor (pictured) at her home in Mountainview Park, Rathfarnham, Dublin 14 on May 29th, 2017.
A man accused of murdering his partner’s mother has been portrayed as both “a moron” and “Machiavelli himself” during his trial, the Central Criminal Court has heard.
Conor Devally SC said his client Kieran Greene (35) had a “developmental difficulty” and was portrayed as a “moron” and “a donkey” but had also supposedly buried Patricia O’Connor in a shallow grave in the middle of the night without being noticed.
Counsel suggested that the Mrs O’Connor’s husband, Augustine ‘Gus’ O’Connor, was “intimately involved” in ensuring her body was disposed of.
Mr Greene has pleaded not guilty to murdering Mrs O’Connor at her home in Mountainview Park, Rathfarnham, Dublin 14 on May 29th, 2017. He is the former partner of her daughter Louise O’Connor, with whom he has three children.
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Louise O’Connor (41) and her daughter Stephanie O’Connor (22), both of Millmount Court, Dundrum Road, and Louise O’Connor’s ex-partner Keith Johnston (43), of Avonbeg Gardens, Tallaght, are all charged with impeding the apprehension or prosecution of Mr Greene.
The trial has heard that Patricia O’Connor’s body was dismembered and found at nine locations in the Dublin and Wicklow mountains between June 10th and 14th, 2017. Former deputy State pathologist Dr Michael Curtis told the court that Patricia O’Connor’s head sustained a minimum of three blows with a solid implement and the cause of death was blunt force trauma to the head.
The trial heard evidence that Mr Greene walked into Rathfarnham Garda station on June 12th, 2017 and told a detective he had done “something terrible” and dismembered the body of Patricia O’Connor alone.
He told gardaí he was in the bathroom when Patricia O’Connor walked in and hit him with a hurl on the wrist, saying ‘Get out, Get out’. Mr Greene said he grabbed the hurl from her, hit her and did not know want happened next as when he woke up there was blood everywhere and he panicked.
Six months after he was charged with her murder, Mr Greene changed his account and told gardaí he had taken “the rap”. He felt he was being set-up as Louise O’Connor had since got back together with her ex-boyfriend, Mr Johnston.
Crowbar
In the December interview, Mr Greene told detectives that Mr O’Connor had killed his wife using a crowbar and he had taken the blame.
In his closing statement, Mr Devally said Mr Greene had given two accounts of how Patricia O’Connor had died. The initial contention that Mr Greene had done everything alone was “a whole pack of lies” but the prosecution still decided to treat this as a full account of murder.
He said the prosecution wanted the jury to “cherry pick the bit” that goes with his guilt.
“You have been told in every other aspect of the case that what he says is false and are yet being told (the June account) must be true ,” he submitted.
He asked the jurors how Mr Greene could have killed Patricia O’Connor, removed her body from the house and cut her up without anyone knowing or helping him.
Going through the evidence heard, Mr Devally said a decision was made very quickly on May 29th, 2017 that the children could not see anything and they left the house and went to the park with Louise and Stephanie O’Connor at 6.53pm.
Mr Devally said the jury knew that Mr O’Connor did not go to the park immediately with the others and there was reason for this. “Maybe Gus had to take the crowbar with him, someone had to dispose of that,” said Mr Devally.
Evidence has been given that Mr O’Connor was originally part of the trial but shortly before it began, he pleaded guilty to reporting his wife as a missing person on June 1st, 2017, when he knew that she was already dead.
Not interested
Counsel suggested to the jury that no one else was interested in protecting Mr Greene and if anyone was going to be defended it was not his client.
Mr Greene was “persuaded” to take the blame and said he would take it all on himself, he said, adding that his children would then have a mother and a grandfather with a house.
Mr Devally said his client wanted to tell the truth when he visited gardaí in December. He asked the jury was it reasonably possible that Mr Greene did not kill Mrs O’Connor as much of what was said in his December interview had “an awful lot of truth in it”.
“He is a moron and useless and yet he is Machiavelli himself, a mastermind. It doesn’t add up,” he said and urged the jury to acquit his client of murder.
Defence counsel Garnet Orange SC, for Stephanie O’Connor, will give his closing speech to the jury on Wednesday.


theirishtimes--2020-02-18--‘A great day for rural Ireland’ - turf cutting prosecution collapses

A turf cutter described Tuesday as “ a great day for rural Ireland ” after a case against him and three other men accused of cutting turf on EU-protected bogs in east Co Galway collapsed due to a lack of evidence .
The four were initially charged in 2013 with cutting turf on three protected bogs in the Woodford and Portumna areas in 2012 .
Following several adjournments , their trial opened before a jury on Tuesday at Galway Circuit Criminal Court .
Judge Rory McCabe directed the jury to return a verdict of “ not guilty by direction of @ @ @ @ @ @ @ the State had conceded it could offer no evidence because a prosecution witness was in Australia .
Anthony Porter ( 51 ) , of Bauntia , Woodford , had pleaded not guilty to a single charge of using machinery to extract turf or peat on an EU-protected site at Clonco bog , Woodford on August 21st , 2012 , which would affect the integrity of the site in contravention of the European Communities ( Birds and Habitats ) Regulations 2011 .
Michael Darcy ( 50 ) , of Ballycahill , Killimor , Ballinasloe @ @ @ @ @ @ @ on protected bog at Derryvunlan , Portumana on May 23rd , 2012 .
He also denied a second charge of cutting turf on Clonmoylan bog on May 22nd , 2012 .
Pat McDonagh ( 49 ) , from Killeen , Ballyshrule , Ballinasloe , pleaded not guilty to cutting turf on August 21st , 2012 , at Clonco bog , Woodford .
Padraic Byrne ( 64 ) , of Killimor , Ballinasloe , denied cutting turf at Clonmoylan bog on May 22nd , 2012 and again at Derryvunlan bog the following day .
@ @ @ @ @ @ @ earlier held a silent protest on the steps of the courthouse , applauded loudly as the judge told the men they were free to go .
Gearoid Geraghty , a solicitor who represented the four men , said it had been an extremely stressful period for his clients and their families .
“ These are ordinary , country people and they have been here now on 14 separate occasions awaiting trial , ” he said .
“ They don ’ t see themselves as criminals .
They ’ re just doing what they @ @ @ @ @ @ @ their parents and grandparents did before them.
” Mr Darcy said “ it ’ s a great day for rural Ireland because now we ’ ve been vindicated and we can cut turf in our own bogs ” .
“ We will be back out on the bogs in a month ’ s time , weather permitting , ” he added .

A turf cutter described Tuesday as ‘a great day for rural Ireland’ after a case against him and three other men accused of illegally cutting turf on EU-protected bogs in east Co Galway collapsed due to a lack of evidence. File photograph: Bryan O’Brien/The Irish Times.
A turf cutter described Tuesday as “a great day for rural Ireland” after a case against him and three other men accused of cutting turf on EU-protected bogs in east Co Galway collapsed due to a lack of evidence.
The four were initially charged in 2013 with cutting turf on three protected bogs in the Woodford and Portumna areas in 2012.
Following several adjournments, their trial opened before a jury on Tuesday at Galway Circuit Criminal Court.
Judge Rory McCabe directed the jury to return a verdict of “not guilty by direction of the trial judge” moments later because the State had conceded it could offer no evidence because a prosecution witness was in Australia.
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Anthony Porter (51), of Bauntia, Woodford, had pleaded not guilty to a single charge of using machinery to extract turf or peat on an EU-protected site at Clonco bog, Woodford on August 21st, 2012, which would affect the integrity of the site in contravention of the European Communities (Birds and Habitats) Regulations 2011.
Michael Darcy(50), of Ballycahill, Killimor, Ballinasloe, pleaded not guilty to cutting turf on protected bog at Derryvunlan, Portumana on May 23rd, 2012. He also denied a second charge of cutting turf on Clonmoylan bog on May 22nd, 2012.
Pat McDonagh (49), from Killeen, Ballyshrule, Ballinasloe, pleaded not guilty to cutting turf on August 21st, 2012, at Clonco bog, Woodford.
Padraic Byrne (64), of Killimor, Ballinasloe, denied cutting turf at Clonmoylan bog on May 22nd, 2012 and again at Derryvunlan bog the following day.
A group of supporters, who had earlier held a silent protest on the steps of the courthouse, applauded loudly as the judge told the men they were free to go.
Gearoid Geraghty, a solicitor who represented three of the four men, said it had been an extremely stressful period for his clients and their families. Mary Trayers Solicitors represented the fourth.
“These are ordinary, country people and they have been here now on 14 separate occasions awaiting trial,” he said. “They don’t see themselves as criminals. They’re just doing what they’ve done all their lives and their parents and grandparents did before them.”
Mr Darcy said “it’s a great day for rural Ireland because now we’ve been vindicated and we can cut turf in our own bogs”.
“We will be back out on the bogs in a month’s time, weather permitting,” he added.


theirishtimes--2020-02-18--Number of people with dementia to more than double by 2050

The number of people living with dementia in Ireland is to more than double by 2050 in line with the country ’ s growing older population , according to a new report .
People diagnosed with the disease will increase from an estimated 55,000 in 2018 , to 141,200 people by 2050 .
A report published on Tuesday by Alzheimer Europe found that while the prevalence of dementia in the population is decreasing , Europe ’ s ageing population would lead to a significant increase in the number of people with the disease in coming decades .
Tina Leonard , @ @ @ @ @ @ @ , said the projected increase would have serious implications for care services for dementia patients in Ireland .
“ The overall picture is extremely stark as Ireland now faces a full-blown public health crisis with a predicted 141,200 people living with dementia in Ireland by 2050 , ” she said .
“ This will exert extreme pressure on stretched dementia supports and services which are already in a state of crisis .
The new government must finally tackle the crisis in dementia care , ” Ms Leonard said .
Dementia is the name @ @ @ @ @ @ @ the brain , including Alzheimer ’ s disease , which can affect memory , language , and the ability to carry out day to day tasks .
The Alzheimer Europe report found that people with dementia made up just over 1 per cent of the population in 2018 , but that rate was set to increase to 2.49 per cent by 2050 .
One major factor behind the expected increase in dementia cases over the next 30 years would be large increases in the number of people living to over 60 and 85 @ @ @ @ @ @ @ new cases of dementia in Ireland each year .
And that the projected increase required the health service to “ substantially invest in dementia care ” , to avoid intense pressure on services in the coming years .
“ There is a crisis in dementia care and access to community dementia-specific services across Ireland depends on where you live and no county in Ireland has even a minimum level of support , ” the society added .

An MRI image of an Alzheimer patient’s brain. People diagnosed with the disease in Ireland will increase from an estimated 55,000 in 2018, to 141,200 people by 2050. Photograph: Getty Images
The number of people living with dementia in Ireland is to more than double by 2050 in line with the country’s growing older population, according to a new report.
People diagnosed with the disease will increase from an estimated 55,000 in 2018, to 141,200 people by 2050.
A report published on Tuesday by Alzheimer Europe found that while the prevalence of dementia in the population is decreasing, Europe's ageing population would lead to a significant increase in the number of people with the disease in coming decades.
Tina Leonard, Alzheimer Society of Ireland head of advocacy, said the projected increase would have serious implications for care services for dementia patients in Ireland.
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“The overall picture is extremely stark as Ireland now faces a full-blown public health crisis with a predicted 141,200 people living with dementia in Ireland by 2050,” she said.
“This will exert extreme pressure on stretched dementia supports and services which are already in a state of crisis. The new government must finally tackle the crisis in dementia care,” Ms Leonard said.
Range of conditions
Dementia is the name given to a range of conditions affecting the brain, including Alzheimer’s disease, which can affect memory, language, and the ability to carry out day to day tasks.
The Alzheimer Europe report found that people with dementia made up just over 1 per cent of the population in 2018, but that rate was set to increase to 2.49 per cent by 2050.
One major factor behind the expected increase in dementia cases over the next 30 years would be large increases in the number of people living to over 60 and 85.
The society said there are 11,000 new cases of dementia in Ireland each year. And that the projected increase required the health service to “substantially invest in dementia care”, to avoid intense pressure on services in the coming years.
“There is a crisis in dementia care and access to community dementia-specific services across Ireland depends on where you live and no county in Ireland has even a minimum level of support,” the society added.


theirishtimes--2020-02-18--Woman sues over alleged failure of Breastcheck clinic to diagnose cancer

A woman who attended a mobile BreastCheck clinic for a mammogram when she had a concern about a lump on her breast has sued in the High Court over an alleged misdiagnosis .
Siobhán Freeney , a mother of two , claims the mammogram taken in June 2015 was read incorrectly and that she was told in a letter from BreastCheck a few days later that the scan was clear .
She alleges the mammogram should have been read as highly suspicious for cancer and that she should have been referred for further assessment .
Ms Freeney was diagnosed with @ @ @ @ @ @ @ later .
She claims her cancer should have been diagnosed earlier when she had a mammogram in the mobile breast clinic when it came to Gorey , Co Wexford .
As a result of the alleged delay in her diagnosis , Ms Freeney claims the opportunity to detect the cancer at an early stage was missed .
Opening her action , Jeremy Maher SC , instructed by Cian O ’ Carroll solicitor , said their case was that there was a delay in the diagnosis of breast cancer .
Counsel said the cancer @ @ @ @ @ @ @ their case was that it ought to have been diagnosed six months earlier at the mobile clinic .
Had Ms Freeney been referred for further assessment , as it is argued she ought to have been , it is claimed that a triple assessment including a clinical assessment mammogram and ultrasound would have taken place and identified the cancer .
Ms Freeney ( 59 ) , of Clonattin , Gorey , has sued the HSE over alleged failure to refer her for further assessment including ultrasound examination on June 17th , 2015 .
@ @ @ @ @ @ @ , treat and care for her in a proper skilful , diligent and careful manner and to use reasonable care , skill and judgment when reviewing the mammogram taken on June 17th , 2015 .
It is further alleged that there was failure to identify that features in the mammogram of her right breast were suspicious for cancer and that she was allegedly deprived of the opportunity of timely and effective investigation and management of her condition .
It is claimed that a situation was caused where the June 17th , 2015 mammogram @ @ @ @ @ @ @ was failure to ensure any proper , adequate or effective system of monitoring , supervision or overview of Ms Freeney and her condition .
All the claims are denied .
Mr Maher said that had Ms Freeney ’ s cancer been detected in June 2015 , she would have required a mastectomy but the cancer would have been smaller and she would not have required radiotherapy and chemotherapy .
Their case was that the June mammogram was incorrectly reported as indicating no evidence of cancer .
He said their experts will say , @ @ @ @ @ @ @ for further assessment , the cancer would have been identified .
“ The opportunity to detect the cancer at an early stage was missed , ” Mr Maher said .

Siobhan Freeney, of Clonattin, Gorey, Co Wexford,is pictured at the Four Courts on Tuesday. Photograph: Collins Courts.
A woman who attended a mobile BreastCheck clinic for a mammogram when she had a concern about a lump on her breast has sued in the High Court over an alleged misdiagnosis.
Siobhán Freeney, a mother of two, claims the mammogram taken in June 2015 was read incorrectly and that she was told in a letter from BreastCheck a few days later that the scan was clear.
She alleges the mammogram should have been read as highly suspicious for cancer and that she should have been referred for further assessment.
Ms Freeney was diagnosed with cancer in her right breast six months later. She claims her cancer should have been diagnosed earlier when she had a mammogram in the mobile breast clinic when it came to Gorey, Co Wexford.
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As a result of the alleged delay in her diagnosis, Ms Freeney claims the opportunity to detect the cancer at an early stage was missed.
Opening her action, Jeremy Maher SC, instructed by Cian O’Carroll solicitor, said their case was that there was a delay in the diagnosis of breast cancer.
Counsel said the cancer was not diagnosed until December 2015 and their case was that it ought to have been diagnosed six months earlier at the mobile clinic.
Had Ms Freeney been referred for further assessment, as it is argued she ought to have been, it is claimed that a triple assessment including a clinical assessment mammogram and ultrasound would have taken place and identified the cancer.
Reasonable care
Ms Freeney (59), of Clonattin, Gorey, has sued the HSE over alleged failure to refer her for further assessment including ultrasound examination on June 17th, 2015. She has further claimed failure to advise, treat and care for her in a proper skilful, diligent and careful manner and to use reasonable care, skill and judgment when reviewing the mammogram taken on June 17th, 2015.
It is further alleged that there was failure to identify that features in the mammogram of her right breast were suspicious for cancer and that she was allegedly deprived of the opportunity of timely and effective investigation and management of her condition.
It is claimed that a situation was caused where the June 17th, 2015 mammogram was allegedly misdiagnosed or misreported and there was failure to ensure any proper, adequate or effective system of monitoring, supervision or overview of Ms Freeney and her condition. All the claims are denied.
Mr Maher said that had Ms Freeney’s cancer been detected in June 2015, she would have required a mastectomy but the cancer would have been smaller and she would not have required radiotherapy and chemotherapy.
Their case was that the June mammogram was incorrectly reported as indicating no evidence of cancer.
He said their experts will say, if Ms Freeney had been referred on for further assessment, the cancer would have been identified.
“The opportunity to detect the cancer at an early stage was missed,” Mr Maher said.
The case continues before Ms Justice Niamh Hyland.


theirishtimes--2020-02-18--Lack of process for homeless people seeking Jobseekers Allowance ‘unlawful’

The Minister for Social Protection acted unlawfully in not having any appropriate process in place for determining a Jobseekers Allowance application by a homeless woman and others with “ transient accommodation arrangements ” , the Court of Appeal has found .
The declaration , made on Tuesday , relates to when the woman applied for the allowance in 2016 but , in its recent judgment on her case , the COA noted it had heard “ nothing ” on behalf of the Minister to address the “ simple ” question of where a homeless person will apply for the allowance @ @ @ @ @ @ @ COA last month granted an appeal by the woman , who held onto her part-time job after becoming homeless , over being refused the allowance for several months in 2016 because she could not give an address in the relevant social welfare catchment area .
The court ruled the refusal was outside the power of the Minister .
The woman , an EU citizen who came here from Latvia nine years ago , was earning between €60-180 weekly in 2016 as a sales assistant in a Dublin shop and was also entitled to @ @ @ @ @ @ @ low earnings .
After becoming homeless in early 2016 , she resorted to “ couch surfing ” with friends in Dublin and other locations , used hostels other nights when she had money to do so and slept rough in Dublin Airport and two rail stations .
The COA had rejected arguments the case had become moot or pointless because some €2,450 arrears of the allowance were later paid to her .
Mr Justice Robert Haughton , giving the court ’ s judgment , said it would make declarations to ensure “ all @ @ @ @ @ @ @ have entitlements and because the woman might again find herself homeless and seeking the allowance in the future .
It declared on Tuesday , by virtue of a letter dated September 14th , 2016 from Clondalkin Intreo Centre to the woman ’ s solicitor , Eileen McCabe , that the Minister acted outside her powers in requiring the woman , in applying for the allowance , to provide evidence she was currently residing in a particular Intreo catchment area .
It also declared that , on the date of that letter , the @ @ @ @ @ @ @ in place , or publicise , any appropriate process for inviting , making , receiving and determining applications for the allowance for a person with transient accommodation arrangements such as the woman .
She had appealed after losing High Court proceedings over not being paid the allowance between April and September 2016 .
She got the allowance in January 2017 , with payments back-dated to April 2016 .
In November 2015 , she moved to shared accommodation in Clondalkin and applied to have her allowance processed by the department ’ s Intreo office @ @ @ @ @ @ @ Clondalkin accommodation in February 2016 because she could not afford the rent and claimed the Clondalkin office told her in May 2016 it could not deal with her case because she was homeless and she should contact the department ’ s homeless unit , which told her it did not process applications for the allowance .
In July 2016 , when she looked for housing assistance , Dublin City Council referred her to South Dublin County Council which referred her back to Dublin City Council which then put her in emergency accommodation .
@ @ @ @ @ @ @ and incidents of violence , she left that to stay with friends and , if she had enough money , in hostels or elsewhere .

The Minister for Social Protection acted unlawfully in not having any appropriate process in place for determining a Jobseekers Allowance application by a homeless woman and others with ‘transient accommodation arrangements’, the Court of Appeal has found.
The Minister for Social Protection acted unlawfully in not having any appropriate process in place for determining a Jobseekers Allowance application by a homeless woman and others with “transient accommodation arrangements”, the Court of Appeal has found.
The declaration, made on Tuesday, relates to when the woman applied for the allowance in 2016 but, in its recent judgment on her case, the COA noted it had heard “nothing” on behalf of the Minister to address the “simple” question of where a homeless person will apply for the allowance in the future.
The three judge COA last month granted an appeal by the woman, who held onto her part-time job after becoming homeless, over being refused the allowance for several months in 2016 because she could not give an address in the relevant social welfare catchment area. The court ruled the refusal was outside the power of the Minister.
The woman, an EU citizen who came here from Latvia nine years ago, was earning between €60-180 weekly in 2016 as a sales assistant in a Dublin shop and was also entitled to access social welfare payments because of her low earnings.
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After becoming homeless in early 2016, she resorted to “couch surfing” with friends in Dublin and other locations, used hostels other nights when she had money to do so and slept rough in Dublin Airport and two rail stations.
Rejected
The COA had rejected arguments the case had become moot or pointless because some €2,450 arrears of the allowance were later paid to her.
Mr Justice Robert Haughton, giving the court’s judgment, said it would make declarations to ensure “all possible support” to homeless persons who have entitlements and because the woman might again find herself homeless and seeking the allowance in the future.
It declared on Tuesday, by virtue of a letter dated September 14th, 2016 from Clondalkin Intreo Centre to the woman’s solicitor, Eileen McCabe, that the Minister acted outside her powers in requiring the woman, in applying for the allowance, to provide evidence she was currently residing in a particular Intreo catchment area.
It also declared that, on the date of that letter, the Minister acted unlawfully in failing to have in place, or publicise, any appropriate process for inviting, making, receiving and determining applications for the allowance for a person with transient accommodation arrangements such as the woman.
She had appealed after losing High Court proceedings over not being paid the allowance between April and September 2016. She got the allowance in January 2017, with payments back-dated to April 2016.
Moved
In November 2015, she moved to shared accommodation in Clondalkin and applied to have her allowance processed by the department’s Intreo office there.
She had to leave her Clondalkin accommodation in February 2016 because she could not afford the rent and claimed the Clondalkin office told her in May 2016 it could not deal with her case because she was homeless and she should contact the department’s homeless unit, which told her it did not process applications for the allowance.
In July 2016, when she looked for housing assistance, Dublin City Council referred her to South Dublin County Council which referred her back to Dublin City Council which then put her in emergency accommodation.
Due to “open drug use” and incidents of violence, she left that to stay with friends and, if she had enough money, in hostels or elsewhere.


theirishtimes--2020-02-18--Former Irish Times board member Gerry Burns dies age 85

The death has occurred of the former chief executive of Fermanagh District Council Gerry Burns who was one of scores of people caught up in the 1987 Enniskillen bombing , and was fortunate to survive that IRA attack .
Mr Burns , who was 85 , died peacefully at South West Acute Hospital in Enniskillen on Tuesday morning after a short illness and surrounded by his family .
Mr Burns was prominent in a number of roles .
He also served as Northern Ireland Ombudsman and as Pro Chancellor of the University of Ulster .
He was author of the @ @ @ @ @ @ @ Ireland having been tasked with the duty in 2000 by then minister for education Martin McGuinness .
He also was a member of The Irish Times board and was a governor of The Irish Times Trust from 1997 to 2007 .
Mr Burns first came to public prominence after the 1987 IRA Remembrance Sunday bombing in Enniskillen in which 11 people were killed , with a twelfth victim dying years later , and in which more than 60 were injured .
Mr Burns narrowly avoided death as he stood with many others at @ @ @ @ @ @ @ IRA bomb exploded on Sunday November 8th 1987 .
He normally stood where Gordon Wilson and his daughter Marie stood , but , as his son Gerry recalled , he was running late that day and had to stand at a different point by the war memorial .
The force of the blast injured Gordon Wilson but fatally injured his 20-year-old daughter Marie .
Both were buried in the rubble .
The last words of Marie Wilson were : “ Daddy , I love you very much.
” It was Mr Wilson ’ @ @ @ @ @ @ @ the bombers and his pleas for no retaliation for the murders that helped to achieve some degree of calm after the bombing .
Despite his direct experience of the attack Mr Burns continued working and was centrally involved in preparing for and attending the funerals in the town in the subsequent harrowing days .
Mr Burns also was a founding member of the Spirit of Enniskillen Trust which , focused on young people , worked to foster a spirit of reconciliation in Northern Ireland .
Mr Burns is predeceased by his wife Maire @ @ @ @ @ @ @ .
His funeral Mass is this Thursday , February 20th , in St Michaels Church in Enniskillen , Co Fermanagh .

Former Irish Times Trust and Board member, Gerry Burns (left) with former Irish Times Editor Geraldine Kennedy in June 2008. File photograph: Bryan O’Brien
The death has occurred of the former chief executive of Fermanagh District Council Gerry Burns who was one of scores of people caught up in the 1987 Enniskillen bombing, and was fortunate to survive that IRA attack.
Mr Burns, who was 85, died peacefully at South West Acute Hospital in Enniskillen on Tuesday morning after a short illness and surrounded by his family.
Mr Burns was prominent in a number of roles. He also served as Northern Ireland Ombudsman and as Pro Chancellor of the University of Ulster.
He was author of the Burns report into secondary education in Northern Ireland having been tasked with the duty in 2000 by then minister for education Martin McGuinness.
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He also was a member of The Irish Times board and was a governor of The Irish Times Trust from 1997 to 2007.
Mr Burns first came to public prominence after the 1987 IRA Remembrance Sunday bombing in Enniskillen in which 11 people were killed, with a twelfth victim dying years later, and in which more than 60 were injured.
Mr Burns narrowly avoided death as he stood with many others at the war memorial in Enniskillen when the IRA bomb exploded on Sunday November 8th 1987.
He normally stood where Gordon Wilson and his daughter Marie stood, but, as his son Gerry recalled, he was running late that day and had to stand at a different point by the war memorial.
The force of the blast injured Gordon Wilson but fatally injured his 20-year-old daughter Marie. Both were buried in the rubble. The last words of Marie Wilson were: “Daddy, I love you very much.”
It was Mr Wilson’s subsequent words of forgiveness offered to the bombers and his pleas for no retaliation for the murders that helped to achieve some degree of calm after the bombing.
Despite his direct experience of the attack Mr Burns continued working and was centrally involved in preparing for and attending the funerals in the town in the subsequent harrowing days.
Mr Burns also was a founding member of the Spirit of Enniskillen Trust which, focused on young people, worked to foster a spirit of reconciliation in Northern Ireland.
Mr Burns is predeceased by his wife Maire and is survived by his five children. His funeral Mass is this Thursday, February 20th, in St Michaels Church in Enniskillen, Co Fermanagh.


theirishtimes--2020-02-18--Man spared jail for assaulting and threatening garda

A man has been spared a jail sentence and a criminal record after pleading guilty to becoming aggressive and spitting at a garda during what a judge called “ appalling incident ” .
Fearghal Ó Snodaigh ( 24 ) , a son of Sinn Féin TD Aengus Ó Snodaigh , pleaded guilty at Dublin District Court in November to assaulting Garda Niall Carolan at Ballymun Garda station on February 28th last .
The Trinity College Dublin student , with an address at Naas Road , Dublin 8 , also admitted obstructing Garda Carolan and using threatening , abusive and insulting @ @ @ @ @ @ @ .
He instructed his barrister Emer Ní Chúagáin to apologise on his behalf .
Judge Paula Murphy noted that the restorative justice report on Ó Snodaigh was “ all positive ” and that he had given €500 to charity .
She struck out the case sparing Ó Snodaigh a conviction .
The court heard previously from Sgt Damian Beakey , who said the accused entered the garda station with a taxi driver because of a dispute about a fare .
Ó Snodaigh was “ extremely intoxicated and aggressive to gardaí from the start @ @ @ @ @ @ @ said gardaí tried to calm Ó Snodaigh but he “ squared up ” to one of the officers in a threatening manner .
He was restrained and arrested and brought to the custody foyer but refused to give his details to the station jailer .
Ó Snodaigh was brought to a cell where he continued to be aggressive and refused to take off his belt or to allow himself to be searched .
“ And at this stage he spat out at Garda Niall Carolan , ” Sgt Beakey said .
The court @ @ @ @ @ @ @ before being released into the custody of his father .
Garda Sgt Beakey agreed with the defence barrister that it was unlikely Ó Snodaigh would come to garda attention again .
Defence counsel said the testimonials on Ó Snodaigh spoke of the type of man he was and that the incident had been “ out of character ” .
He had also been struggling with a prior difficult incident and had attended counselling .
The barrister said Ó Snodaigh told her he had not consumed alcohol in the manner he did that night @ @ @ @ @ @ @ .
Judge Ann Ryan , who presided over earlier hearings in the case , said the incident was triggered by the amount of alcohol Ó Snodaigh had taken and that he had a good future ahead of him .
“ But the incident itself was appalling and your behaviour was completely and utterly unacceptable , ” she told him .

Fearghal Ó Snodaigh (24) pleaded guilty at Dublin District Court in November to assaulting Garda Niall Carolan at Ballymun Garda station on February 28th last. Photograph: Collins Courts.
A man has been spared a jail sentence and a criminal record after pleading guilty to becoming aggressive and spitting at a garda during what a judge called “appalling incident”.
Fearghal Ó Snodaigh (24), a son of Sinn Féin TD Aengus Ó Snodaigh, pleaded guilty at Dublin District Court in November to assaulting Garda Niall Carolan at Ballymun Garda station on February 28th last.
The Trinity College Dublin student, with an address at Naas Road, Dublin 8, also admitted obstructing Garda Carolan and using threatening, abusive and insulting words or behaviour during the drink-fuelled incident.
He instructed his barrister Emer Ní Chúagáin to apologise on his behalf.
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Judge Paula Murphy noted that the restorative justice report on Ó Snodaigh was “all positive” and that he had given €500 to charity. She struck out the case sparing Ó Snodaigh a conviction.
The court heard previously from Sgt Damian Beakey, who said the accused entered the garda station with a taxi driver because of a dispute about a fare. Ó Snodaigh was “extremely intoxicated and aggressive to gardaí from the start”, Sgt Beakey said.
‘Squared up’
He said gardaí tried to calm Ó Snodaigh but he “squared up” to one of the officers in a threatening manner. He was restrained and arrested and brought to the custody foyer but refused to give his details to the station jailer.
Ó Snodaigh was brought to a cell where he continued to be aggressive and refused to take off his belt or to allow himself to be searched.
“And at this stage he spat out at Garda Niall Carolan,” Sgt Beakey said.
The court heard he was then searched and charged before being released into the custody of his father.
Garda Sgt Beakey agreed with the defence barrister that it was unlikely Ó Snodaigh would come to garda attention again.
Defence counsel said the testimonials on Ó Snodaigh spoke of the type of man he was and that the incident had been “out of character”.
He had also been struggling with a prior difficult incident and had attended counselling. The barrister said Ó Snodaigh told her he had not consumed alcohol in the manner he did that night before and now only drank small amounts.
Judge Ann Ryan, who presided over earlier hearings in the case, said the incident was triggered by the amount of alcohol Ó Snodaigh had taken and that he had a good future ahead of him.
“But the incident itself was appalling and your behaviour was completely and utterly unacceptable,” she told him.


theirishtimes--2020-02-18--Woman says she was raped as child by ‘wolf disguised as an uncle’

A woman has told a court that she was raped as a child by “ a wolf disguised as an uncle ” .
The 70-year-old man , who can not be named to protect the identity of the victim , pleaded not guilty at the Central Criminal Court of raping his niece at a location in Co Carlow on an unknown date in 1978 .
Following a two week trial in January 2020 , he was convicted by a jury on the sole count and was remanded in custody .
He has no previous convictions .
In her victim impact @ @ @ @ @ @ @ court , the woman said that this “ is a sad story , but it is a true story ” .
The woman , who was aged 16 at the time of the offence , said that one night while her grandparents were “ tucked up in bed ” , at the bottom of the stairs leading up to her bedroom there was “ a wolf disguised as an uncle ” .
She said he came up the stairs and “ gobbled me up until there was nothing left ” .
She said @ @ @ @ @ @ @ that nothing happened .
The woman said she managed to keep the events “ at a distance ” until 10 years ago and that she has rarely had a full night ’ s sleep since .
She said the impact on her family was worse and she watched as her mother “ crumbled into dust ” when told what her brother had done .
She said that while this was a sad story , it was hopefully a story with a happy ending .
She said that “ the little girl escaped from @ @ @ @ @ @ @ hopefully go on to live happily ever after .
A local garda told Dylan Redmond BL , prosecuting , that the victim was staying with her grandparents at a house in Co Carlow in 1978 .
He said that one night the man went into her bedroom , got on top of her and raped her while she closed her eyes and “ played dead ” .
The garda said that there was no suggestion of violence during the offence .
He said the man gave evidence during the trial , during which @ @ @ @ @ @ @ why the woman might fabricate the claim against him .
Kenneth Fogarty SC , defending , said his client continues to maintain he is innocent of the offence .
He said his client was married prior to the offence and claims he has never been unfaithful to his wife , who is now deceased .
Mr Fogarty said ear surgery has resulted in a loss of hearing for his client and submitted that as a result he will find it difficult to deal with the “ precision lifestyle ” expected of inmates .
@ @ @ @ @ @ @ in custody and adjourned the matter to February 21st next for sentence .

The woman said she managed to keep the events “at a distance” until 10 years ago and that she has rarely had a full night’s sleep since
A woman has told a court that she was raped as a child by “a wolf disguised as an uncle”.
The 70-year-old man, who cannot be named to protect the identity of the victim, pleaded not guilty at the Central Criminal Court of raping his niece at a location in Co Carlow on an unknown date in 1978.
Following a two week trial in January 2020, he was convicted by a jury on the sole count and was remanded in custody. He has no previous convictions.
In her victim impact statement, which she read before the court, the woman said that this “is a sad story, but it is a true story”.
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The woman, who was aged 16 at the time of the offence, said that one night while her grandparents were “tucked up in bed”, at the bottom of the stairs leading up to her bedroom there was “a wolf disguised as an uncle”.
She said he came up the stairs and “gobbled me up until there was nothing left”. She said he then went back downstairs and claimed that nothing happened.
The woman said she managed to keep the events “at a distance” until 10 years ago and that she has rarely had a full night’s sleep since. She said the impact on her family was worse and she watched as her mother “crumbled into dust” when told what her brother had done.
She said that while this was a sad story, it was hopefully a story with a happy ending. She said that “the little girl escaped from the wolf and survived” and will hopefully go on to live happily ever after.
A local garda told Dylan Redmond BL, prosecuting, that the victim was staying with her grandparents at a house in Co Carlow in 1978. He said that one night the man went into her bedroom, got on top of her and raped her while she closed her eyes and “played dead”.
The garda said that there was no suggestion of violence during the offence. He said the man gave evidence during the trial, during which he put forward various motivations as to why the woman might fabricate the claim against him.
Kenneth Fogarty SC, defending, said his client continues to maintain he is innocent of the offence. He said his client was married prior to the offence and claims he has never been unfaithful to his wife, who is now deceased.
Mr Fogarty said ear surgery has resulted in a loss of hearing for his client and submitted that as a result he will find it difficult to deal with the “precision lifestyle” expected of inmates.
Mr Justice Paul Coffey remanded the man in custody and adjourned the matter to February 21st next for sentence.


theirishtimes--2020-02-18--Woman waited for mother, aunt to die before reporting sex abuse by cousin

A man who regularly sexually abused his younger cousin while she was visiting his family home more than 40 years ago has been jailed for 18 months .
The 62-year-old defendant , who can not be named to protect the identity of his now 52-year-old victim , pleaded guilty to four sample charges of indecent assault on dates between January 1978 and December 1980 .
The Dublin man has no previous convictions .
Garda Kayleigh McCarthy said the woman , who emigrated to England as a young adult , first made a complaint to gardaí in December 2018 when she @ @ @ @ @ @ @ Judge Melanie Greally noted that “ out of kindness to her aunt and mother ” the victim had waited until both had died before reporting the abuse .
Garda McCarthy said the woman had previously written to her cousin and he replied admitting his guilt and apologising .
He also thanked her for not disclosing the abuse to his mother .
Dublin Circuit Criminal Court heard that he also spoke to various members of the extended family , during an occasion in which they had gathered together , and apologised for his behaviour @ @ @ @ @ @ @ very unusual case given the admission of guilt the accused had made .
“ Out of kindness to her aunt and her mother , she waited until their passing ” , Judge Greally said .
She said the woman had outlined , in her victim impact statement , the “ extreme emotional suffering ” she has experienced in her adult life , “ for which she sought much needed help ” .
“ I fully take into account the pain that has been inflicted on her by the accused ’ s actions , @ @ @ @ @ @ @ that the maximum sentence available to the court , under the law which existed at the time , was two years .
She sentenced the man to consecutive sentences totalling three years .
She said she was taking into account the serious nature of the abuse , the breach of trust involved , the victim ’ s youth and the differences in age , the length of time in which the abuse occurred and the severe impact of the abuse on the woman .
Judge Greally suspended the final 18 months of the @ @ @ @ @ @ @ his guilty pleas , his absence of convictions , his remorse , his age at the time , the lapse of time since the offence , his employment and a psychological report .

A man who regularly sexually abused his younger cousin while she was visiting his family home more than 40 years ago has been jailed for 18 months. Photograph: Matt Kavanagh/The Irish Times.
A man who regularly sexually abused his younger cousin while she was visiting his family home more than 40 years ago has been jailed for 18 months.
The 62-year-old defendant, who cannot be named to protect the identity of his now 52-year-old victim, pleaded guilty to four sample charges of indecent assault on dates between January 1978 and December 1980. The Dublin man has no previous convictions.
Garda Kayleigh McCarthy said the woman, who emigrated to England as a young adult, first made a complaint to gardaí in December 2018 when she was at home in Ireland visiting.
Judge Melanie Greally noted that “out of kindness to her aunt and mother” the victim had waited until both had died before reporting the abuse.
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Garda McCarthy said the woman had previously written to her cousin and he replied admitting his guilt and apologising. He also thanked her for not disclosing the abuse to his mother.
Dublin Circuit Criminal Court heard that he also spoke to various members of the extended family, during an occasion in which they had gathered together, and apologised for his behaviour.
Unusual case
Judge Greally said it was a very unusual case given the admission of guilt the accused had made.
“Out of kindness to her aunt and her mother, she waited until their passing”, Judge Greally said.
She said the woman had outlined, in her victim impact statement, the “extreme emotional suffering” she has experienced in her adult life, “for which she sought much needed help”.
“I fully take into account the pain that has been inflicted on her by the accused’s actions,” Judge Greally said.
She noted that the maximum sentence available to the court, under the law which existed at the time, was two years.
She sentenced the man to consecutive sentences totalling three years. She said she was taking into account the serious nature of the abuse, the breach of trust involved, the victim’s youth and the differences in age, the length of time in which the abuse occurred and the severe impact of the abuse on the woman.
Judge Greally suspended the final 18 months of the sentence having given the man credit for his guilty pleas, his absence of convictions, his remorse, his age at the time, the lapse of time since the offence, his employment and a psychological report.


theirishtimes--2020-02-18--Garda pleads guilty to causing fatal crash on M4 motorway

A garda has pleaded guilty to causing a car crash in which a 51-year-old woman was fatally injured in Co @ @ @ @ @ Patrick McDonnell , with an address at Corofin , Co Galway , pleaded guilty on @ @ @ @ @ dangerous driving causing the death of Jacqueline Wolohan on February 13th , 2016 on the @ @ @ @ @ Kinnegad .
The defendant who had previously denied the charge entered the plea shortly before @ @ @ @ @ get underway at Trim Circuit Court .
Judge Martina Baxter remanded McDonnell on bail and @ @ @ @ @ 11th .
She directed that a victim impact statement from the dead woman ’ s @ @ @ @ @ meantime .
Ms Wolohan was returning to her home in Kilmore in Coolock , Dublin @ @ @ @ @ involving her blue Nissan Micra and the defendant ’ s Opel Astra occurred .
Three @ @ @ @ @ her teenage son Andrew were injured .

A garda has pleaded guilty to causing a car crash in which a 51-year-old woman was fatally injured in Co Westmeath four years ago. File image: Alan Betson / The Irish Times.
A garda has pleaded guilty to causing a car crash in which a 51-year-old woman was fatally injured in Co Westmeath four years ago.
Patrick McDonnell, with an address at Corofin, Co Galway, pleaded guilty on Tuesday to a charge of dangerous driving causing the death of Jacqueline Wolohan on February 13th, 2016 on the M4 motorway at Rossan, Kinnegad.
The defendant who had previously denied the charge entered the plea shortly before his trial was due to get underway at Trim Circuit Court.
Judge Martina Baxter remanded McDonnell on bail and adjourned the case to March 11th. She directed that a victim impact statement from the dead woman’s family be prepared in the meantime.
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Ms Wolohan was returning to her home in Kilmore in Coolock, Dublin from Longford when the crash involving her blue Nissan Micra and the defendant’s Opel Astra occurred.
Three passengers in her car including her teenage son Andrew were injured.


theirishtimes--2020-02-18--Murder accused at diesel laundering operation when garda shot, court told

A labourer who denies the capital murder of Detective Garda Adrian Donohoe was loading waste from laundered diesel at the time of the shooting , the Central Criminal Court has heard .
In a notice of alibi supplied to the Director of Public Prosecutions ( DPP ) and dated February 17th , 2020 , Aaron Brady gave the address of a yard on Concession Road in Cullaville , Co Armagh .
He said he spent between 90 minutes and two hours there loading “ diesel waste cubes ” onto a truck on the evening of January 25th , 2013 , @ @ @ @ @ @ @ shot .
The accused said he had previously given gardaí an untrue account of his movements out of fear he might incriminate himself over diesel laundering .
Mr Brady ( 29 ) , from New Road , Crossmaglen , Co Armagh , has pleaded not guilty to the capital murder of Det Donohoe ( 41 ) shortly before 8.30pm on January 25th , 2013 at Lordship Credit Union , Bellurgan , Co Louth .
Mr Brady has also pleaded not guilty to a charge of robbing some €7,000 in cash and assorted cheques @ @ @ @ @ @ @ location .
Under cross examination , Det Insp Mark Phillips told defence counsel Michael O ’ Higgins SC that a notice of alibi had been served to the DPP .
He agreed that gardaí were aware of the alibi since December 20th last .
Insp Phillips read the notice of alibi in which Mr Brady said that on February 5th and 6th , 2013 , he attended Dundalk Garda station and gave a voluntary statement detailing his movements on the night Det Donohoe was shot .
While giving that statement he said his @ @ @ @ @ @ @ to account for his movements for fear that he might be prosecuted .
Gardaí assured him that all they wanted was a true account and agreed that they would not include anything about diesel in his statement .
But Mr Brady said he was still unsure of whether he would incriminate himself .
He then told gardaí that he was at the yard on Concession Road where he was supposed to load purple cubes of laundered diesel onto a truck but was unable to do so because he could not get the forklift @ @ @ @ @ @ @ cubes .
This was not correct , he stated in the alibi notice .
He said he had been told by two men to load as many cubes as possible .
When he arrived , he said , he “ hopped ” over the gate and into the yard , which he said was in “ complete darkness ” .
He began loading two cubes at a time , placing them on the floor of the lorry and that the process took about 90 minutes to two hours “ due to rough terrain @ @ @ @ @ @ @ out due to poor weather conditions ” .
He later contacted the people who asked him to load the cubes to tell them he loaded as many as he could .
Insp Phillips agreed with Mr O ’ Higgins that the accused has previously received a 12-month sentence for criminal damage , dangerous driving and unauthorised taking of a vehicle .
He said this was Mr Brady ’ s only custodial sentence .
The Brady family , he said , is from Monaghan originally and his father is a physio for Crossmaglen Rangers @ @ @ @ @ @ @ as a “ Republican stronghold ” and some people there are suspicious of authority and that there are reports of “ diesel activity ” along the border .
He further agreed that people would be reluctant to discuss diesel laundering with the gardaí and “ doubly reluctant ” for that to be public knowledge .
He said a person ’ s personal safety could be compromised if it was known they were talking about it .
Asked if there were “ massive profits ” to be made , he said diesel laundering is @ @ @ @

Aaron Brady (29), from New Road, Crossmaglen, Co Armagh, has pleaded not guilty to the capital murder of Det Garda Adrian Donohoe (41) in 2013. Photograph: Collins.
A labourer who denies the capital murder of Detective Garda Adrian Donohoe was loading waste from laundered diesel at the time of the shooting, the Central Criminal Court has heard.
In a notice of alibi supplied to the Director of Public Prosecutions (DPP) and dated February 17th, 2020, Aaron Brady gave the address of a yard on Concession Road in Cullaville, Co Armagh.
He said he spent between 90 minutes and two hours there loading “diesel waste cubes” onto a truck on the evening of January 25th, 2013, around the time when Det Donohoe was shot.
The accused said he had previously given gardaí an untrue account of his movements out of fear he might incriminate himself over diesel laundering.
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Mr Brady (29), from New Road, Crossmaglen, Co Armagh, has pleaded not guilty to the capital murder of Det Donohoe (41) shortly before 8.30pm on January 25th, 2013 at Lordship Credit Union, Bellurgan, Co Louth.
Mr Brady has also pleaded not guilty to a charge of robbing some €7,000 in cash and assorted cheques on the same date at the same location.
Under cross examination, Det Insp Mark Phillips told defence counsel Michael O’Higgins SC that a notice of alibi had been served to the DPP. He agreed that gardaí were aware of the alibi since December 20th last.
Insp Phillips read the notice of alibi in which Mr Brady said that on February 5th and 6th, 2013, he attended Dundalk Garda station and gave a voluntary statement detailing his movements on the night Det Donohoe was shot.
Reluctant
While giving that statement he said his solicitor told gardaí that he was reluctant to account for his movements for fear that he might be prosecuted.
Gardaí assured him that all they wanted was a true account and agreed that they would not include anything about diesel in his statement. But Mr Brady said he was still unsure of whether he would incriminate himself.
He then told gardaí that he was at the yard on Concession Road where he was supposed to load purple cubes of laundered diesel onto a truck but was unable to do so because he could not get the forklift to start and left without loading any cubes. This was not correct, he stated in the alibi notice.
He said he had been told by two men to load as many cubes as possible. When he arrived, he said, he “hopped” over the gate and into the yard, which he said was in “complete darkness”.
He began loading two cubes at a time, placing them on the floor of the lorry and that the process took about 90 minutes to two hours “due to rough terrain and poor lighting and the forklift cutting out due to poor weather conditions”.
He later contacted the people who asked him to load the cubes to tell them he loaded as many as he could.
Insp Phillips agreed with Mr O’Higgins that the accused has previously received a 12-month sentence for criminal damage, dangerous driving and unauthorised taking of a vehicle. He said this was Mr Brady’s only custodial sentence.
‘Republic stronghold’
The Brady family, he said, is from Monaghan originally and his father is a physio for Crossmaglen Rangers. He agreed that Crossmaglen is known as a “Republican stronghold” and some people there are suspicious of authority and that there are reports of “diesel activity” along the border.
He further agreed that people would be reluctant to discuss diesel laundering with the gardaí and “doubly reluctant” for that to be public knowledge. He said a person’s personal safety could be compromised if it was known they were talking about it.
Asked if there were “massive profits” to be made, he said diesel laundering is done for profit.
The trial continues.