theirishtimes--2020-02-14--One of two charges against handyman in murder case withdrawn by trial judge

A handyman has had a charge of refurbishing a bathroom in order to conceal evidence of the alleged murder of retired grandmother Patricia O ’ Connor withdrawn from a Central Criminal Court jury by direction of the trial judge .
Also on Friday , the mother of murder accused Kieran Greene told his trial her son was assessed when he was in primary school and found to be “ two-and-a-half years behind ” .
She said he had no previous girlfriends before meeting his former partner Louise O ’ Connor .
Mr Justice Paul McDermott told the jury on Friday @ @ @ @ @ @ @ of the two counts from them as a result of legal argument .
The judge said the jury were “ no longer engaged ” in the decision-making role in relation to one of the counts against Keith Johnston and said “ the state of play ” in relation to the remaining counts on the indictment against each of the accused were the same .
Mr Johnston ( 43 ) , of Avonbeg Gardens , Tallaght , Dublin 24 is charged with impeding the apprehension or prosecution of Kieran Greene , knowing or believing @ @ @ @ @ @ @ , to wit the murder of Mrs O ’ Connor ( 61 ) on May 29th , 2017 .
Mr Justice McDermott said he was withdrawing the first charge against Mr Johnston , where he was accused of engaging in the refurbishment of a bathroom at Mountainview Park , Rathfarnham , Dublin 14 between May 31st , 2017 and June 9th , 2017 , in order to destroy or conceal any evidence relating to the murder of Mrs O ’ Connor .
Mr Johnston remains on trial in relation to the charge that @ @ @ @ @ @ @ purchase of various implements at Woodie ’ s , Mr Price , B & Q and Shoe Zone , Tallaght , Dublin 24 on June 9th , 2017 , which were to be used in the concealment of the remains of Mrs O ’ Connor .
He denies this charge .
It is the State ’ s case against Mr Johnston that Mrs O ’ Connor was already lying dead in a shallow grave in Wexford but not yet dismembered when he assisted Mr Greene in purchasing various DIY items .
The trial @ @ @ @ @ @ @ O ’ Connor was dismembered into 15 separate parts that were found in the Dublin and Wicklow mountains between June 10th and 14th , 2017 .
The mother of Mr Greene , Joan Greene , gave evidence in her son ’ s defence on Friday afternoon .
Father-of-three Mr Greene ( 35 ) has pleaded not guilty to murdering Mrs O ’ Connor at her home in Mountainview Park , Rathfarnham , Dublin 14 on May 29th , 2017 .
Mr Greene is the former partner of Louise O ’ Connor and father @ @ @ @ @ @ @ Mrs Greene said her son was assessed when he was about seven years old .
It was found that he was about “ two and a half years behind ” , she said .
The witness told defence counsel Conor Devally SC her son was taken out of class and got extra one-to-one tutoring for a lot of subjects .
Mrs Greene said she was invited to be a guardian , were it necessary , to Louise and Mr Greene ’ s three children in September 2017 .
Mrs Greene agreed with Mr @ @ @ @ @ @ @ that her son or Louise were not able to discharge their parental roles .
In cross-examination , Mrs Greene told James Dwyer SC , for Keith Johnston , that her son had gone into custody in June 2017 and she had spoken to him while visiting him in prison .
She agreed with Mr Dwyer that her son ’ s health had deteriorated “ a little ” while in custody saying : “ I was a bit concerned and I was told they put him on some medications , that ’ s all @ @ @ @ @ @ @ the jury that the next stage of the trial would be closing speeches by barristers for the prosecution and defence .
“ This will require you listening to five closing speeches and you will have to listen to me for a considerable period of time as well , ” he pointed out .
He told the jurors to return on Monday afternoon for the next phase of the trial and asked them not to discuss the case with anyone .
The deceased ’ s daughter Louise O ’ Connor ( 41 ) and @ @ @ @ @ @ @ ) , both of Millmount Court , Dundrum Road , Dublin 14 , and Louise O ’ Connor ’ s ex-partner Keith Johnston ( 43 ) , of Avonbeg Gardens , Tallaght , Dublin 24 are all charged with impeding the apprehension or prosecution of Mr Greene , knowing or believing him to have committed an arrestable offence , to wit the murder of Patricia O ’ Connor on May 29 , 2017 .
Mother-of-five Louise O ’ Connor has pleaded not guilty to agreeing to or acquiescing in her daughter Stephanie O @ @ @ @ @ @ @ ’ Connor at Mountainview Park , Rathfarnham , Dublin 14 on May 29th , 2017 in order to conceal the fact that Patricia O ’ Connor was dead .
Stephanie O ’ Connor has pleaded not guilty to disguising herself as Mrs O ’ Connor at Mountainview Park , Rathfarnham , Dublin 14 at a point in time after her murder on May 29th , 2017 in order to conceal the fact that she was already dead .

A handyman has had a charge of refurbishing a bathroom in order to conceal evidence of the alleged murder of retired grandmother Patricia O’Connor withdrawn from a Central Criminal Court jury by direction of the trial judge.
Also on Friday, the mother of murder accused Kieran Greene told his trial her son was assessed when he was in primary school and found to be “two-and-a-half years behind”. She said he had no previous girlfriends before meeting his former partner Louise O’Connor.
Mr Justice Paul McDermott told the jury on Friday that he was “withdrawing” one of the two counts from them as a result of legal argument.
The judge said the jury were “no longer engaged” in the decision-making role in relation to one of the counts against Keith Johnston and said “the state of play” in relation to the remaining counts on the indictment against each of the accused were the same.
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Mr Johnston (43), of Avonbeg Gardens, Tallaght, Dublin 24 is charged with impeding the apprehension or prosecution of Kieran Greene, knowing or believing him to have committed an arrestable offence, to wit the murder of Mrs O’Connor (61) on May 29th, 2017.
Mr Justice McDermott said he was withdrawing the first charge against Mr Johnston, where he was accused of engaging in the refurbishment of a bathroom at Mountainview Park, Rathfarnham, Dublin 14 between May 31st, 2017 and June 9th, 2017, in order to destroy or conceal any evidence relating to the murder of Mrs O’Connor.
Mr Johnston remains on trial in relation to the charge that he allegedly assisted Mr Greene in the purchase of various implements at Woodie’s, Mr Price, B&Q and Shoe Zone, Tallaght, Dublin 24 on June 9th, 2017, which were to be used in the concealment of the remains of Mrs O’Connor. He denies this charge.
It is the State’s case against Mr Johnston that Mrs O’Connor was already lying dead in a shallow grave in Wexford but not yet dismembered when he assisted Mr Greene in purchasing various DIY items.
The trial has heard that the body of Mrs O’Connor was dismembered into 15 separate parts that were found in the Dublin and Wicklow mountains between June 10th and 14th, 2017.
The mother of Mr Greene, Joan Greene, gave evidence in her son’s defence on Friday afternoon.
Father-of-three Mr Greene (35) has pleaded not guilty to murdering Mrs O’Connor at her home in Mountainview Park, Rathfarnham, Dublin 14 on May 29th, 2017. Mr Greene is the former partner of Louise O’Connor and father to three of her five children.
Mrs Greene said her son was assessed when he was about seven years old. It was found that he was about “two and a half years behind”, she said.
The witness told defence counsel Conor Devally SC her son was taken out of class and got extra one-to-one tutoring for a lot of subjects.
Mrs Greene said she was invited to be a guardian, were it necessary, to Louise and Mr Greene’s three children in September 2017. Mrs Greene agreed with Mr Devally that this was in the eventuality that her son or Louise were not able to discharge their parental roles.
In cross-examination, Mrs Greene told James Dwyer SC, for Keith Johnston, that her son had gone into custody in June 2017 and she had spoken to him while visiting him in prison. She agreed with Mr Dwyer that her son’s health had deteriorated “a little” while in custody saying: “I was a bit concerned and I was told they put him on some medications, that’s all I knew.”
Mr Justice McDermott told the jury that the next stage of the trial would be closing speeches by barristers for the prosecution and defence. “This will require you listening to five closing speeches and you will have to listen to me for a considerable period of time as well,” he pointed out.
He told the jurors to return on Monday afternoon for the next phase of the trial and asked them not to discuss the case with anyone.
The deceased’s daughter Louise O’Connor (41) and granddaughter Stephanie O’Connor (22), both of Millmount Court, Dundrum Road, Dublin 14, and Louise O’Connor’s ex-partner Keith Johnston (43), of Avonbeg Gardens, Tallaght, Dublin 24 are all charged with impeding the apprehension or prosecution of Mr Greene, knowing or believing him to have committed an arrestable offence, to wit the murder of Patricia O’Connor on May 29, 2017.
Mother-of-five Louise O’Connor has pleaded not guilty to agreeing to or acquiescing in her daughter Stephanie O’Connor disguising herself as Patricia O’Connor at Mountainview Park, Rathfarnham, Dublin 14 on May 29th, 2017 in order to conceal the fact that Patricia O’Connor was dead.
Stephanie O’Connor has pleaded not guilty to disguising herself as Mrs O’Connor at Mountainview Park, Rathfarnham, Dublin 14 at a point in time after her murder on May 29th, 2017 in order to conceal the fact that she was already dead.


theirishtimes--2020-02-14--More than 677,000 on hospital waiting lists last month, new figures show

The number of people on hospital waiting lists rose slightly in January , marking a reversal of recent declines driven by increased government spending on the National Treatment Purchase Fund ( NTPF ) .
Figures published today show that there were small relative increases in both inpatient and outpatient waiting lists .
There were some 556,770 people on the outpatient waiting list in January than December , an increase of 3,336 in December .
On the inpatient/day case list , the number climbed by 740 cases to 67,303 .
There was a relatively larger increase in the number of people @ @ @ @ @ @ @ a scheduled date for their admission .
This number rose to 20,033 , an increase of 2,822 , or 16.4 per cent .
Overall , there are 677,344 cases on waiting lists , up from 671,489 in December .
The figures outpatient waiting lists , in particular , recorded significant reductions at the tail end of last year , with the fall of 10,000 in December the largest single-month drop seen in several years .
The number of people waiting long-term for a slot – more than 18 months – also increased among @ @ @ @ @ @ @ .
The fall in outpatient numbers was widely seen as being driven by massive government investment in the NTPF , which provides for the purchase of treatment for public patients , often in private clinics .
The NTPF has been allocated € 100 million in budget 2020 , up €25 million on the previous year ’ s allocation .
In a statement , the NTPF said it will maintain focus on “ improving waiting times for inpatient and day case treatment , while also significantly increasing its focus on outpatients ” .
Falls @ @ @ @ @ @ @ increased scrutiny of how hospitals carry out “ validation ” , the process of checking whether a patient still needs to be on a waiting list .
This can result in someone being taken off a waiting list if they have received treatment elsewhere , or if they do not respond to attempts to contact them .
While this is a necessary process , some doctors ’ groups have , in the past accused hospital groups of “ cynical manipulation ” .
The NTPF recently was given responsibility for validations .
Figures revealed @ @ @ @ @ @ @ was a significant increase in validations in the second half of last year , with around 75,000 outpatients validated in the last three months of 2019 , compared to none in the first nine months of 2018 .
Of the 45,270 patients removed from the outpatient list , a majority were taken off following non-response rather than asking to be removed .
Fianna Fáil Health spokesman Stephen Donnelly said the increase in waiting lists in January was “ disappointing ” .
He said it was “ clearly a consequence of scheduled operations being @ @ @ @ @ @ @ emergency departments ” .
“ However Minister Harris also missed his waiting list targets in 2019 .
It ’ s important now that a waiting list action plan for 2020 be published urgently by the Department of Health .
”

In a statement, the NTPF said it will maintain focus on ‘improving waiting times for inpatient and day case treatment, while also significantly increasing its focus on outpatients’. File photograph: Alan Betson
The number of people on hospital waiting lists rose slightly in January, marking a reversal of recent declines driven by increased government spending on the National Treatment Purchase Fund (NTPF).
Figures published today show that there were small relative increases in both inpatient and outpatient waiting lists.
There were some 556,770 people on the outpatient waiting list in January than December, an increase of 3,336 in December. On the inpatient/day case list, the number climbed by 740 cases to 67,303.
There was a relatively larger increase in the number of people on waiting lists who have been given a scheduled date for their admission. This number rose to 20,033, an increase of 2,822, or 16.4 per cent.
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Overall, there are 677,344 cases on waiting lists, up from 671,489 in December. The figures outpatient waiting lists, in particular, recorded significant reductions at the tail end of last year, with the fall of 10,000 in December the largest single-month drop seen in several years.
The number of people waiting long-term for a slot – more than 18 months – also increased among outpatients, rising to 107,040 from 102,924.
The fall in outpatient numbers was widely seen as being driven by massive government investment in the NTPF, which provides for the purchase of treatment for public patients, often in private clinics. The NTPF has been allocated € 100 million in budget 2020, up €25 million on the previous year’s allocation. In a statement, the NTPF said it will maintain focus on “improving waiting times for inpatient and day case treatment, while also significantly increasing its focus on outpatients”.
Falls in waiting lists last year also prompted increased scrutiny of how hospitals carry out “validation”, the process of checking whether a patient still needs to be on a waiting list. This can result in someone being taken off a waiting list if they have received treatment elsewhere, or if they do not respond to attempts to contact them. While this is a necessary process, some doctors’ groups have, in the past accused hospital groups of “cynical manipulation”.
The NTPF recently was given responsibility for validations. Figures revealed by The Irish Times show that there was a significant increase in validations in the second half of last year, with around 75,000 outpatients validated in the last three months of 2019, compared to none in the first nine months of 2018. Of the 45,270 patients removed from the outpatient list, a majority were taken off following non-response rather than asking to be removed.
Fianna Fáil Health spokesman Stephen Donnelly said the increase in waiting lists in January was "disappointing". He said it was "clearly a consequence of scheduled operations being postponed to address the January overcrowding in emergency departments".
"However Minister Harris also missed his waiting list targets in 2019. It's important now that a waiting list action plan for 2020 be published urgently by the Department of Health. "


theirishtimes--2020-02-14--Legal aid payments to lawyers rose to more than €60m last year

The defence team that represented killer Patrick Quirke ( 50 ) in the Bobby Ryan ( “ Mr Moonlight ” ) murder trial shared just under €1 million in legal aid payments for all of their defence work in the criminal courts last year .
That is according to new figures which show that legal aid payments to lawyers last year increased by 1.3 per cent from €59.5 million to €60.28 million ( all figures include 23 per cent VAT ) .
The Quirke defence was made up of solicitor Michael Staines , Bernard Condon SC , Lorcan Staines SC @ @ @ @ @ @ @ shared a combined €971,498 last year for all of their legal aid work .
The trial was the longest-running murder trial in the history of the State and the new figures released by the Department of Justice show that Michael Staines received €388,572 for his defence work in the criminal courts last year .
The barrister who led the defence team , Bernard Condon SC , received €261,403 in legal aid fees and his colleague , Lorcan Staines SC , received €161,587 in fees .
The fourth member of the defence team , @ @ @ @ @ @ @ The amount each received for the “ Mr Moonlight ” trial is not disclosed .
Mr Quirke is serving a life sentence for murder following a trial that gripped the country .
The conviction is currently under appeal .
Bobby Ryan ( 52 ) , a part-time DJ known as “ Mr Moonlight ” , disappeared on June 3rd , 2011 , after spending the night at his girlfriend Mary Lowry ’ s home in Fawnagown , Co Tipperary .
The barrister who led the prosecution in the “ Mr Moonlight ” trial @ @ @ @ @ @ @ received €156,274 ( excluding VAT ) for his work in the case .
The legal aid figures show that Mr Bowman received an additional €393,574 ( including VAT ) for his work defending accused persons in the courts last year .
Legal aid payments to solicitors totalled €36.6 million while payments to barristers totalled €23.68 million , made up of €13.9 million to junior counsel and €9.78 million to senior counsel .
The best paid lawyer in the country in terms of legal aid fees last year was solicitor John M Quinn whose @ @ @ @ @ @ @ lawyer to receive more than €500,000 was solicitor Michael Hennessy whose practice received €558,321 .
The third best paid lawyer was Aonghus McCarthy whose practice received €482,770 .
The fee represents Mr McCarthy ’ s practice ’ s most lucrative year to date on the legal aid scheme and is a 34 per cent increase on the €358,471 legal aid payments received in 2018 .
According to figures from the Department of Justice , Aonghus McCarthy ’ s practice has received €1.93 million in criminal legal aid fees from the State over the @ @ @ @ @ @ @ successfully prosecuted Boys A and B for the murder of Ana Kriégel , Brendan Grehan SC , last year received €243,069 for his defence work in the courts .
Mr Grehan ’ s pay for his prosecution work is made separately by the Director of Public Prosecutions ( DPP ) .
Patrick Gageby SC , who led the defence team for Boy A , received €199,927 for all of his defence work last year .
Damien Colgan SC , who represented Boy B in the case , received €305,115 for all of his @ @ @ @ @ @ @ best paid defence barrister in the country last year was Michael O ’ Higgins SC who received €431,003 followed by Keith Spencer BL who received €394,852 .
The figures show that former triple Olympic gold medallist Michelle Smith de Bruin BL last year increased her legal aid earnings to €30,096 .
A Department of Justice spokesman said : “ Under the Criminal Justice ( Legal Aid ) Act 1962 , it is the courts , through the judiciary , that are responsible for the granting of legal aid .
An applicant for criminal @ @ @ @ @ @ @ of the court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself .
The court must also be satisfied that , by reason of the gravity of the charge or exceptional circumstances , it is essential in the interests of justice that the applicant should have legal aid.
” Rates of pay for Mr O ’ Higgins and his senior counsel colleagues show that they receive a brief fee of €7,127 for defending a person accused of murder in the Central Criminal Court and €1,562 for each @ @ @ @ @ @ @ In relation to their work in the Circuit Court , senior counsel receive a “ brief ” fee of €1,716 with a subsequent daily fee or refresher fee after the first day of €858 .
The largest proportion of barristers practise as junior counsel and they receive a brief fee of €4,752 for a murder trial at the Central Criminal Court along with a refresher or daily fee of €1,041 while junior counsel receive a brief fee of €1,144 in the circuit court along with a refresher or daily fee of €572 .
@ @ @ @ @ @ @ for a case in the Central Criminal Court along with a refresher fee of €750 for each subsequent day while solicitors receive a brief fee of €1,144 for cases in the Circuit Court along with a refresher fee of €418 .
However , the majority of a solicitor ’ s workload takes place in the district court where they receive a brief fee of €200 for each case .
Top 10 best paid solicitors in terms of legal aid fees ( incl 23 % VAT ) Top 10 best paid barristers in terms @ @ @ @ @ @ @ % VAT )

Patrick Quirke was found guilty of the murder of Bobby Ryan: the Quirke defence shared a combined €971,498 last year for all of their legal aid work. Photograph: Collins Courts
The defence team that represented killer Patrick Quirke (50) in the Bobby Ryan (“Mr Moonlight”) murder trial shared just under €1 million in legal aid payments for all of their defence work in the criminal courts last year.
That is according to new figures which show that legal aid payments to lawyers last year increased by 1.3 per cent from €59.5 million to €60.28 million (all figures include 23 per cent VAT).
The Quirke defence was made up of solicitor Michael Staines, Bernard Condon SC, Lorcan Staines SC and Edward Doocey BL, and they shared a combined €971,498 last year for all of their legal aid work.
The trial was the longest-running murder trial in the history of the State and the new figures released by the Department of Justice show that Michael Staines received €388,572 for his defence work in the criminal courts last year.
READ MORE
The barrister who led the defence team, Bernard Condon SC, received €261,403 in legal aid fees and his colleague, Lorcan Staines SC, received €161,587 in fees. The fourth member of the defence team, Edward Doocey BL, received €159,936. The amount each received for the “Mr Moonlight” trial is not disclosed.
Mr Quirke is serving a life sentence for murder following a trial that gripped the country. The conviction is currently under appeal.
Bobby Ryan (52), a part-time DJ known as “Mr Moonlight”, disappeared on June 3rd, 2011, after spending the night at his girlfriend Mary Lowry’s home in Fawnagown, Co Tipperary.
The barrister who led the prosecution in the “Mr Moonlight” trial, Michael Bowman SC, last year received €156,274 (excluding VAT) for his work in the case.
The legal aid figures show that Mr Bowman received an additional €393,574 (including VAT) for his work defending accused persons in the courts last year.
Legal aid payments to solicitors totalled €36.6 million while payments to barristers totalled €23.68 million, made up of €13.9 million to junior counsel and €9.78 million to senior counsel.
The best paid lawyer in the country in terms of legal aid fees last year was solicitor John M Quinn whose practice received €645,011.
The only other lawyer to receive more than €500,000 was solicitor Michael Hennessy whose practice received €558,321.
The third best paid lawyer was Aonghus McCarthy whose practice received €482,770. The fee represents Mr McCarthy’s practice’s most lucrative year to date on the legal aid scheme and is a 34 per cent increase on the €358,471 legal aid payments received in 2018. According to figures from the Department of Justice, Aonghus McCarthy’s practice has received €1.93 million in criminal legal aid fees from the State over the past seven years.
Well-known Cork-based solicitor Frank Buttimer’s practice last year received legal aid payments of €414,033.
Kriégel case
The barrister who successfully prosecuted Boys A and B for the murder of Ana Kriégel, Brendan Grehan SC, last year received €243,069 for his defence work in the courts. Mr Grehan’s pay for his prosecution work is made separately by the Director of Public Prosecutions (DPP).
Patrick Gageby SC, who led the defence team for Boy A, received €199,927 for all of his defence work last year.
Damien Colgan SC, who represented Boy B in the case, received €305,115 for all of his legal aid work last year.
The best paid defence barrister in the country last year was Michael O’Higgins SC who received €431,003 followed by Keith Spencer BL who received €394,852.
The figures show that former triple Olympic gold medallist Michelle Smith de Bruin BL last year increased her legal aid earnings to €30,096.
A Department of Justice spokesman said: “Under the Criminal Justice (Legal Aid) Act 1962, it is the courts, through the judiciary, that are responsible for the granting of legal aid. An applicant for criminal legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal representation for him/herself. The court must also be satisfied that, by reason of the gravity of the charge or exceptional circumstances, it is essential in the interests of justice that the applicant should have legal aid.”
Briefing fees
Rates of pay for Mr O’Higgins and his senior counsel colleagues show that they receive a brief fee of €7,127 for defending a person accused of murder in the Central Criminal Court and €1,562 for each subsequent day after the first day.
In relation to their work in the Circuit Court, senior counsel receive a “brief” fee of €1,716 with a subsequent daily fee or refresher fee after the first day of €858.
The largest proportion of barristers practise as junior counsel and they receive a brief fee of €4,752 for a murder trial at the Central Criminal Court along with a refresher or daily fee of €1,041 while junior counsel receive a brief fee of €1,144 in the circuit court along with a refresher or daily fee of €572.
Solicitors receive a brief fee of €7,127 for a case in the Central Criminal Court along with a refresher fee of €750 for each subsequent day while solicitors receive a brief fee of €1,144 for cases in the Circuit Court along with a refresher fee of €418.
However, the majority of a solicitor’s workload takes place in the district court where they receive a brief fee of €200 for each case.
Top 10 best paid solicitors in terms of legal aid fees (incl 23% VAT)
John M Quinn €654,011
Michael Hennessy €558,321
Aonghus McCarthy €482,770
Tony Collier €460,391
John O’Doherty €452,429
Kenneth Cunningham €424,310
Tracy Horan €422,417
Sarah Ryan €414,407
Frank Buttimer €414,033
Michael French €413,382
Top 10 best paid barristers in terms of legal aid fees (incl 23% VAT)
Michael O’Higgins SC €431,003
Keith Spencer BL €394, 852
Michael Bowman SC €393,574
Damien Colgan SC €305,115
Mark Nicholas SC €298,272
Seamus Clarke SC €293,251
Cody Coleman SC €293,099
Dominic Stuart McGinn SC €279,545
Hugh Hartnett SC €270,978
Giollaíosa Ó Lideadha SC €270,356


theirishtimes--2020-02-14--Man sues for damages over alleged disfigurement after cancer treatment

A man who claims he suffered disfigurement when he had mouth surgery as part of cancer treatment at a Cork hospital has sued for damages in the High Court .
Liam Coughlan always had great pride in his appearance but now feels he looks like “ elephant man ” , his counsel Oonah McCrann SC said .
People sometimes do not recognise him , his life is now very different and he fears for the future , she said .
“ He can ’ t reach up to change a light bulb , he can ’ t lift heavy saucepans @ @ @ @ @ @ @ his life and is devastated he can ’ t get back to work , ” counsel added .
Before the surgery in 2015 , Mr Coughlan was gregarious and very active .
she said .
Ms McCrann instructed by Cantillon Solicitors , said their case is that an alleged unnecessary and inappropriate procedure , and an alleged inappropriate repair , was carried out .
Mr Coughlan ( 63 ) , a carpenter and maintenance officer from Lower Aghada , Midleton , Co Cork , has sued South Infirmary Victoria University Hospital , Cork @ @ @ @ @ @ @ he received when he needed mouth surgery as part of treatment for mouth cancer in 2015 .
The claims are denied and it is contended the surgery , repair and care were appropriate .
Mr Coughlan , who had an ulcer at the base of his mouth was diagnosed with mouth cancer in January 2015 and advised he would have to have a sliver of the inner aspect of his lower jaw removed .
It is claimed more extensive surgery than he was allegedly informed about or allegedly consented to was undertaken and @ @ @ @ @ @ @ and screws were to be inserted .
In February 2015 , Mr Coughlan underwent a tracheostomy , a bilateral neck dissection and removal of a part of the jaw bone .
He was discharged from the hospital after several weeks .
It is claimed that his neck incision wound did not heal well and he also had to have radiotherapy .
He continued to suffer problems and , it is claimed , was informed in August 2015 a plate and screws had been inserted as part of his original surgery .
He had @ @ @ @ @ @ @ the jaw area in November 2015 and was discharged from hospital in mid-December 2015 .
He sought a second opinion and was admitted to a Dublin hospital in September 2016 for further operative intervention .
It is claimed there was failure to treat Mr Coughlan properly and that he was caused to develop an infection .
It is further claimed he had to undergo numerous repair surgeries .
Mr Coughlan , it is claimed , has severe restriction of shoulder movement and head and neck movements and is unable to hold his head @ @ @ @ @ @ @ , Mr Coughlan said , before the surgery , he was the type of person who was outgoing and popular .
“ I knew how to dress up properly .
I liked my style.
” When he saw himself in the mirror for the first time after the surgery , he said : “ I thought I was deformed , my head was stitched too close to my shoulders .
It was like somebody got their measurements wrong.
” The case continues next week before Ms Justice Deirdre Murphy .

A man who claims he suffered disfigurement when he had mouth surgery as part of cancer treatment at a Cork hospital has sued for damages in the High Court.
Liam Coughlan always had great pride in his appearance but now feels he looks like “elephant man”, his counsel Oonah McCrann SC said. People sometimes do not recognise him, his life is now very different and he fears for the future, she said.
“He can’t reach up to change a light bulb, he can’t lift heavy saucepans in the kitchen. He worked all his life and is devastated he can’t get back to work,” counsel added. Before the surgery in 2015, Mr Coughlan was gregarious and very active. she said.
Ms McCrann instructed by Cantillon Solicitors, said their case is that an alleged unnecessary and inappropriate procedure, and an alleged inappropriate repair, was carried out. Mr Coughlan (63), a carpenter and maintenance officer from Lower Aghada, Midleton, Co Cork, has sued South Infirmary Victoria University Hospital, Cork, and the HSE over the care he received when he needed mouth surgery as part of treatment for mouth cancer in 2015.
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The claims are denied and it is contended the surgery, repair and care were appropriate. Mr Coughlan, who had an ulcer at the base of his mouth was diagnosed with mouth cancer in January 2015 and advised he would have to have a sliver of the inner aspect of his lower jaw removed.
It is claimed more extensive surgery than he was allegedly informed about or allegedly consented to was undertaken and that he was not informed a plate and screws were to be inserted. In February 2015, Mr Coughlan underwent a tracheostomy, a bilateral neck dissection and removal of a part of the jaw bone. He was discharged from the hospital after several weeks. It is claimed that his neck incision wound did not heal well and he also had to have radiotherapy.
He continued to suffer problems and, it is claimed, was informed in August 2015 a plate and screws had been inserted as part of his original surgery. He had to have a further repair procedure in the jaw area in November 2015 and was discharged from hospital in mid-December 2015. He sought a second opinion and was admitted to a Dublin hospital in September 2016 for further operative intervention. It is claimed there was failure to treat Mr Coughlan properly and that he was caused to develop an infection. It is further claimed he had to undergo numerous repair surgeries.
Mr Coughlan, it is claimed, has severe restriction of shoulder movement and head and neck movements and is unable to hold his head in its natural position. In evidence, Mr Coughlan said, before the surgery, he was the type of person who was outgoing and popular. “I knew how to dress up properly. I liked my style.” When he saw himself in the mirror for the first time after the surgery, he said: “I thought I was deformed, my head was stitched too close to my shoulders. It was like somebody got their measurements wrong.”
The case continues next week before Ms Justice Deirdre Murphy.


theirishtimes--2020-02-14--Tributes paid to Kurdish community member killed in Sligo crash

Many tributes have been paid to the young man who died in a collision on the N4 in Co Sligo who was a member of the Kurdish community from Carrick-on-Shannon , Co Leitrim .
Hasib Allakarami who was just 21 , died after the car he was driving was involved in a collision with a truck near Castlebaldwin on Thursday .
The popular young man who was studying sport at IT Sligo , was engaged and was due to get married this summer .
He had played underage soccer with Carrick Town FC and underage football with St Mary ’ @ @ @ @ @ @ @ clubs paid tribute to him yesterday .
“ He was one of our own ” , said Frankie Smith manager of underage teams with Carrick Town .
“ He was very popular and friendly and always had a smile on his face ” .
In 2013 , Hasib got the attention of Giovanni Trapattoni when local school children put on a display for the then Republic of Ireland manager who was visiting Letirim for the Carrick 400 celebrations .
Sr Nora Burke who works with the Kurdish community in Carrick said they were @ @ @ @ @ @ @ are a very gracious , very welcoming community and our hearts go out to them and also to their relatives still living in Kurdistan and Iraq who will be heartbroken at this news , ” she said .
A funeral service took place in Sligo on Friday , with burial afterwards in Sligo cemetery .
Three days of mourning are taking place at the family residence in Lis Cara , Carrick-on-Shannon .
In a Facebook tribute , Carrick Town FC said it was devastated to learn of the news .
“ He was @ @ @ @ @ @ @ will be missed by everyone at the club and beyond ” , according to the tribute .
St Mary ’ s GAA club also expressed sadness and said the young man had been a loyal member since 2008 .
“ He was always in good form and his witty comments always added to the fun of the day ” , according to the club ’ s Facebook tribute .
“ Whilst we have lost a good friend , we are mindful that his family have lost a son and brother and the wider @ @ @ @ @ @ @ ” .

Hasib Allakarami was studying sport at IT Sligo, was engaged and was due to get married this summer. Photograph: Carrick Town FC/Facebook
Many tributes have been paid to the young man who died in a collision on the N4 in Co Sligo who was a member of the Kurdish community from Carrick-on-Shannon, Co Leitrim.
Hasib Allakarami who was just 21, died after the car he was driving was involved in a collision with a truck near Castlebaldwin on Thursday.
The popular young man who was studying sport at IT Sligo, was engaged and was due to get married this summer. He had played underage soccer with Carrick Town FC and underage football with St Mary’s GAA Club in Carrick. Both clubs paid tribute to him yesterday.
Carrick Town FC are devastated to learn of the news of the death of Hasib Allakarami following a road accident near... Posted by Carrick Town F.C. on Friday, February 14, 2020
“He was one of our own”, said Frankie Smith manager of underage teams with Carrick Town. “He was very popular and friendly and always had a smile on his face”.
READ MORE
In 2013, Hasib got the attention of Giovanni Trapattoni when local school children put on a display for the then Republic of Ireland manager who was visiting Letirim for the Carrick 400 celebrations.
Sr Nora Burke who works with the Kurdish community in Carrick said they were heartbroken at the news. “They are a very gracious , very welcoming community and our hearts go out to them and also to their relatives still living in Kurdistan and Iraq who will be heartbroken at this news,” she said.
‘Outgoing and friendly’
A funeral service took place in Sligo on Friday, with burial afterwards in Sligo cemetery.
Three days of mourning are taking place at the family residence in Lis Cara, Carrick-on-Shannon. In a Facebook tribute, Carrick Town FC said it was devastated to learn of the news.
“He was an outgoing and friendly young lad and will be missed by everyone at the club and beyond”, according to the tribute.
St Mary’s GAA club also expressed sadness and said the young man had been a loyal member since 2008 .
“ He was always in good form and his witty comments always added to the fun of the day”, according to the club’s Facebook tribute.
“Whilst we have lost a good friend, we are mindful that his family have lost a son and brother and the wider Kurdish community are also mourning his passing”.


theirishtimes--2020-02-14--State-funded health agency and social services staff to strike

Staff in nearly a dozen State-funded organisations providing health and social services are to go on strike on Friday of next week , February 21st , in a dispute over pay restoration .
The trade unions Siptu and Fórsa have served notice for a 24-hour stoppage at : Delta Care ; National Council of the Blind In Ireland ; Western Alzheimer ’ s ; St Mary Telford ; Co-Action Bantry ; South West Doctors ; Dublin West Home Care Services ; Terenure Home Care Services ; Crumlin Home Care Services ; Camphill ( Wexford ) , Galway Rape Crisis ; @ @ @ @ @ @ @ Kerry and Valentia Hospital .
The dispute centres on the restoration of pay which was cut following the economic crash for personnel in organisations providing health and social care services which receive State grant aid .
The organisations are technically known as Section 39 bodies .
The unions contend that while Section 39 organisations were urged to cut staff pay in line with reductions in remuneration to public servants during the austerity years , the personnel involved have not seen pay restoration unlike direct State employees .
Trade unions on Friday pledged their @ @ @ @ @ @ @ 39 staff for pay restoration as well for demands by community employment scheme supervisors for access to a pension .
Several hundred community employment scheme supervisors and Section 39 organisation staff staged a rally outside Government buildings on Friday .
The community employment scheme supervisors also staged a one-day strike on Friday although further planned stoppages are expected to be deferred until after a new government is formed .
Unions representing both groups said that any incoming government had to realise that “ unfinished business ” in relation to pensions for community employment @ @ @ @ @ @ @ 39 staff had to be addressed .
Community employment scheme supervisors argued that the Labour Court in 2008 had recommended that a pension arrangement should be put in place for them .
Siptu deputy general secretary John King said the Government and government departments had told lies about the cost of providing pensions to community employment scheme supervisors , about the potential for knock-on claims and about current engagement on the issue .
He said this was “ shameful ” .
He said there had been a “ charade ” of engagement on @ @ @ @ @ @ @ We will not be fooled on that one again ” , Mr King said .
Fórsa general secretary Kevin Callinan told the rally : “ CE supervisions played by the State ’ s rules .
They achieved a Labour Court outcome in 2008 .
They waited patiently for the worst of the crisis to pass .
They believed that they had received a ministerial promise to address things .
Again they were stabbed in the back .
“ “ Section 39 workers were forced to organise and to threaten action to get a @ @ @ @ @ @ @ A process was agreed .
Again the government failed to deliver last year.
” The Department of Employment Affairs and Social Protection said its position was that community employment scheme supervisors and Section 39 workers were not public servants .
“ The employees in question are , or were , employees of private companies notwithstanding the fact that the companies concerned are , or were , reliant on State funding.
” There are concerns in some parts of government that introducing a pension arrangement for community employment scheme supervisors could lead to knock- @ @ @ @ @ @ @ State-aided voluntary sector , leading to significant costs .
It suggested that the provision of pensions across the wider community and voluntary sector could cost up to €347million per annum .

Fórse general secretary Kevin Callinan: ‘Section 39 workers were forced to organise and to threaten action to get a hearing. Modest progress was recorded. A process was agreed. Again the government failed to deliver last year.’ Photograph: Laura Hutton
Staff in nearly a dozen State-funded organisations providing health and social services are to go on strike on Friday of next week, February 21st, in a dispute over pay restoration.
The trade unions Siptu and Fórsa have served notice for a 24-hour stoppage at: Delta Care; National Council of the Blind In Ireland; Western Alzheimer's; St Mary Telford; Co-Action Bantry; South West Doctors; Dublin West Home Care Services; Terenure Home Care Services; Crumlin Home Care Services; Camphill (Wexford), Galway Rape Crisis; St Joseph's Killorglin, Co Kerry and Valentia Hospital.
The dispute centres on the restoration of pay which was cut following the economic crash for personnel in organisations providing health and social care services which receive State grant aid. The organisations are technically known as Section 39 bodies.
The unions contend that while Section 39 organisations were urged to cut staff pay in line with reductions in remuneration to public servants during the austerity years, the personnel involved have not seen pay restoration unlike direct State employees.
READ MORE
Trade unions on Friday pledged their full support to the campaign by Section 39 staff for pay restoration as well for demands by community employment scheme supervisors for access to a pension.
‘Unfinished business’
Several hundred community employment scheme supervisors and Section 39 organisation staff staged a rally outside Government buildings on Friday.
The community employment scheme supervisors also staged a one-day strike on Friday although further planned stoppages are expected to be deferred until after a new government is formed.
Unions representing both groups said that any incoming government had to realise that “unfinished business” in relation to pensions for community employment scheme supervisors and pay restoration for Section 39 staff had to be addressed.
Community employment scheme supervisors argued that the Labour Court in 2008 had recommended that a pension arrangement should be put in place for them.
Siptu deputy general secretary John King said the Government and government departments had told lies about the cost of providing pensions to community employment scheme supervisors, about the potential for knock-on claims and about current engagement on the issue.
He said this was “shameful”.
He said there had been a “charade” of engagement on the pension issue last year .
“We will not be fooled on that one again”, Mr King said.
‘Failed to deliver’
Fórsa general secretary Kevin Callinan told the rally: "CE supervisions played by the State's rules. They achieved a Labour Court outcome in 2008. They waited patiently for the worst of the crisis to pass. They believed that they had received a ministerial promise to address things. Again they were stabbed in the back. "
“Section 39 workers were forced to organise and to threaten action to get a hearing. Modest progress was recorded. A process was agreed. Again the government failed to deliver last year.”
The Department of Employment Affairs and Social Protection said its position was that community employment scheme supervisors and Section 39 workers were not public servants.
“The employees in question are, or were, employees of private companies notwithstanding the fact that the companies concerned are, or were, reliant on State funding.”
There are concerns in some parts of government that introducing a pension arrangement for community employment scheme supervisors could lead to knock- on claims by other groups in the State-aided voluntary sector, leading to significant costs.
It suggested that the provision of pensions across the wider community and voluntary sector could cost up to €347million per annum.


theirishtimes--2020-02-14--‘Magic of Citizens’ Assembly’ to address gender equality this weekend

Citizens ’ Assembly chairwoman Catherine Day has suggested that the public may be more liberal on the issue of gender equality than might be expected .
The assembly on gender equality meets in session for the first time on Saturday with presentations on how gender stereotypes are formed at a young age .
There will be a section when workers will speak about working in professions which are normally reserved for those of the opposite gender .
Among the speakers will be well-known quantity surveyor Lisa O ’ Brien who features regularly on Dermot Bannon ’ s Room to Improve @ @ @ @ @ @ @ O ’ Mahoney of the Central Statistics Office about gender in Ireland .
Ms Day said the “ magic of the Citizens ’ Assembly ” , as discerned from previous gatherings , was that “ when you give people time and space and then opposing opinions , out of that comes very sensible ideas , but also you get a good flavour of what people want ” .
“ We will be focusing on issues around gender norms and stereotypes and the way the Constitution deals with the family , ” she said @ @ @ @ @ @ @ the process , but we have had spectacular success from it , more so than anywhere else.
” The assembly is made up of the chairwoman and 99 citizens , randomly selected to be broadly representative of the Irish electorate .
It will meet on Saturday 15th and Sunday 16th in the Grand Hotel Malahide and all public sessions will be broadcast live on the Assembly website citizensassembly.ie .
There will be three other weekends , April 25th and 26th , May 30th and 31st , and July 4th and 5th .
The @ @ @ @ @ @ @ an Oireachtas resolution passed by the outgoing Government with Taoiseach Leo Varadkar stating that Ireland “ falls very far short ” of gender equality between men and women .
Saturday ’ s programme will feature research on recent gender equality developments by Dr Anne-Marie McGauran of Trinity College Dublin and from fellow TCD academic Professor Sheila Greene on gender norms and stereotypes .
Ms Day said the session on Saturday was to get people to “ think how much gender stereotyping is inside all of us whether we know it or not .
@ @ @ @ @ @ @ the time.
” On Sunday , Professor Linda Connolly of NUI Maynooth will speak about the evolution of the Irish family , Professor Siobhan Mullally will speak on the family in the Constitution and law .
The public have been asked to make submissions to the assembly .
To date about 20 submission have been made well short of the 12,000 that were received when the assembly addressed the subject of abortion in 2017 .
Ms Day said many organisations and individuals had been distracted by the election and she anticipated a lot @ @ @ @ @ @ @ .

Citizens’ Assembly chairwoman Catherine Day said the session on Saturday was to get people to ‘think how much gender stereotyping is inside all of us whether we know it or not’. File photograph: Catherine Day
Citizens' Assembly chairwoman Catherine Day has suggested that the public may be more liberal on the issue of gender equality than might be expected.
The assembly on gender equality meets in session for the first time on Saturday with presentations on how gender stereotypes are formed at a young age.
There will be a section when workers will speak about working in professions which are normally reserved for those of the opposite gender. Among the speakers will be well-known quantity surveyor Lisa O’Brien who features regularly on Dermot Bannon’s Room to Improve.
They will also hear from Elaine O'Mahoney of the Central Statistics Office about gender in Ireland.
READ MORE
Ms Day said the “magic of the Citizens’ Assembly”, as discerned from previous gatherings, was that “when you give people time and space and then opposing opinions, out of that comes very sensible ideas, but also you get a good flavour of what people want”.
“We will be focusing on issues around gender norms and stereotypes and the way the Constitution deals with the family,” she said.
“Ireland didn’t invent the process, but we have had spectacular success from it, more so than anywhere else.”
The assembly is made up of the chairwoman and 99 citizens, randomly selected to be broadly representative of the Irish electorate.
It will meet on Saturday 15th and Sunday 16th in the Grand Hotel Malahide and all public sessions will be broadcast live on the Assembly website citizensassembly.ie.
There will be three other weekends, April 25th and 26th, May 30th and 31st, and July 4th and 5th.
The assembly on gender equality arose out of an Oireachtas resolution passed by the outgoing Government with Taoiseach Leo Varadkar stating that Ireland "falls very far short" of gender equality between men and women.
Saturday's programme will feature research on recent gender equality developments by Dr Anne-Marie McGauran of Trinity College Dublin and from fellow TCD academic Professor Sheila Greene on gender norms and stereotypes.
Ms Day said the session on Saturday was to get people to “think how much gender stereotyping is inside all of us whether we know it or not. Balance is what we are after all the time.”
On Sunday, Professor Linda Connolly of NUI Maynooth will speak about the evolution of the Irish family, Professor Siobhan Mullally will speak on the family in the Constitution and law.
The public have been asked to make submissions to the assembly. To date about 20 submission have been made well short of the 12,000 that were received when the assembly addressed the subject of abortion in 2017.
Ms Day said many organisations and individuals had been distracted by the election and she anticipated a lot of submissions by the March 6th deadline.


theirishtimes--2020-02-14--‘His grave is Ireland’: The search for Robert Emmet’s body

The disappearance of the body of Robert Emmet is one of the great mysteries of Irish history .
Emmet was tried and then hanged for instigating the ill-fated 1803 rebellion .
He became an icon of Irish martyrdom for his speech from the dock in which he concluded : “ Let them and me rest in obscurity and peace , and my name remain uninscribed , until other times and other men can do justice to my character .
When my country takes her place among the nations of the earth , then , and not till then , let @ @ @ @ @ @ @ was publicly hanged outside St Catherine ’ s Church in Thomas Street on September 20th , 1803 , his head was displayed to the crowd by the hangman Thomas Galvin .
The remains of Emmet ’ s body was taken to Bully ’ s Acre in the grounds of what is now the Royal Hospital Kilmainham and buried there .
When some of his friends went to reintern his remains in St Michan ’ s Church in Church Street , a church associated with the United Irishmen , they found there was no @ @ @ @ @ @ @ search which endures to this day .
The desire to locate the body of Emmet and give him a final resting place became particularly acute during the centenary of his death in 1903 .
His great-nephew Dr Thomas Addis Emmet requested an archaeological dig at the family vault in St Peter ’ s Church in Aungier Street .
The secret excavation yielded nothing except a set of ghostly photographs that were put away in a drawer for more than a century and forgotten about .
The photographs were discovered by Colin O ’ @ @ @ @ @ @ @ responsible for archiving the Irish Press photographic department .
He noticed the slides were taken before the Irish Press began in 1931 .
“ I discovered a small square cardboard box containing lantern slides of what appeared to be a Victorian archaeological excavation , ” he recounted .
“ As this material was not part of the Irish Press photographic collection , it was not considered of importance to catalogue , let alone keep.
” However , he had the foresight to keep the photographs sensing that they would be of value .
@ @ @ @ @ @ @ chance meeting with the Church of Ireland diocesan communications officer for Dublin and Glendalough Lynn Glanville .
One photograph showed a gable wall and the side of a church .
What church ?
Eventually it was determined that it was indeed St Peter ’ s Church in Aungier Street .
A look at the parish minute books revealed that Dr Emmet did indeed request an exhumation which was granted in March 1903 .
However , after five days searching nothing was found .
Dr Emmet was unsuccessful in locating Robert Emmet ’ s @ @ @ @ @ @ @ noting that “ after a search of five days nothing was found in connection with the Emmet family ” .
The photographs have been restored and are a fascinating insight into the post-Victorian world showing the divisions of class between the labourers excavating the site and the gentlemen looking on in their top hats and long coats .
The photographs have now been restored by the Representative Church Body ( RCB ) library of the Church of Ireland and they have the images available to the public in an online exhibition which can @ @ @ @ @ @ @ the search for Emmet ’ s body , it goes on .
As many of his supporters have said over the last two centuries : “ Do not look for him .
His grave is Ireland ” .
Images courtesy of the Representative Church Body Library and Colin O ’ Riordan

Men survery the scene of the dig at the Emmet family plot in St Peter’s Chruch in Dublin in 1903. Photograph: Representative Church Body Library/Colin O’Riordan
The disappearance of the body of Robert Emmet is one of the great mysteries of Irish history.
Emmet was tried and then hanged for instigating the ill-fated 1803 rebellion. He became an icon of Irish martyrdom for his speech from the dock in which he concluded: “Let them and me rest in obscurity and peace, and my name remain uninscribed, until other times and other men can do justice to my character. When my country takes her place among the nations of the earth, then, and not till then, let my epitaph be written.”
After he was publicly hanged outside St Catherine's Church in Thomas Street on September 20th, 1803, his head was displayed to the crowd by the hangman Thomas Galvin. The remains of Emmet's body was taken to Bully's Acre in the grounds of what is now the Royal Hospital Kilmainham and buried there.
A shot of the digging in St Peter’s Church, Aungier Street. Photograph: Representative Church Body Library/Colin O’Riordan
When some of his friends went to reintern his remains in St Michan’s Church in Church Street, a church associated with the United Irishmen, they found there was no body there, and so began a search which endures to this day.
READ MORE
The desire to locate the body of Emmet and give him a final resting place became particularly acute during the centenary of his death in 1903.
His great-nephew Dr Thomas Addis Emmet requested an archaeological dig at the family vault in St Peter's Church in Aungier Street.
The secret excavation yielded nothing except a set of ghostly photographs that were put away in a drawer for more than a century and forgotten about.
From left is Dr Thomas Addis Emmet, Robert’s great-nephew, James Franklin Fuller and two unidentified men. Photograph: Representative Church Body Library/Colin O’Riordan
Foresight
The photographs were discovered by Colin O’Riordan, a photographer, who was responsible for archiving the Irish Press photographic department. He noticed the slides were taken before the Irish Press began in 1931.
“I discovered a small square cardboard box containing lantern slides of what appeared to be a Victorian archaeological excavation,” he recounted.
“As this material was not part of the Irish Press photographic collection, it was not considered of importance to catalogue, let alone keep.”
However, he had the foresight to keep the photographs sensing that they would be of value.
Digging continues as another grave is exhumed at St Peter’s. Photograph: Representative Church Body Library/Colin O’Riordan
Fast forward to February 2019 and a chance meeting with the Church of Ireland diocesan communications officer for Dublin and Glendalough Lynn Glanville.
One photograph showed a gable wall and the side of a church. What church? Eventually it was determined that it was indeed St Peter’s Church in Aungier Street.
A look at the parish minute books revealed that Dr Emmet did indeed request an exhumation which was granted in March 1903. However, after five days searching nothing was found.
Unsuccessful
Dr Emmet was unsuccessful in locating Robert Emmet’s remains at St Peter’s, noting that “after a search of five days nothing was found in connection with the Emmet family”.
The photographs have been restored and are a fascinating insight into the post-Victorian world showing the divisions of class between the labourers excavating the site and the gentlemen looking on in their top hats and long coats.
St Peter’s Church on Aungier Street, seen not long after the turn of the 20th century. Photograph: Representative Church Body Library/Colin O’Riordan
The photographs have now been restored by the Representative Church Body (RCB) library of the Church of Ireland and they have the images available to the public in an online exhibition which can be found at ireland.anglican.org.
As for the search for Emmet’s body, it goes on. As many of his supporters have said over the last two centuries: “Do not look for him. His grave is Ireland”.
Images courtesy of the Representative Church Body Library and Colin O’Riordan


theirishtimes--2020-02-14--Widow settles action over death of medical consultant husband

A woman whose medical consultant husband died in a Dublin hospital has settled her High Court action against another consultant and two hospitals over his care and treatment .
The settlement , made without admission of liability , is confidential .
As part of it , a statement of regret was read in court on behalf of the defendants in the case to Meraid Hyland-McGuire on the death of her husband Patrick .
Among various claims , Mrs Hyland-McGuire alleged a failure to act appropriately in response to an electrocardiogram ( ECG ) carried out on the 58-year-old at St @ @ @ @ @ @ @ , indicating he had had a heart attack .
Had there been an appropriate response , he would probably have survived , she claimed .
Ms Hyland-McGuire , of Stonebridge Road , Rathmichael , Co Dublin , brought proceedings against Prof Des Winter , a general/laparoscopic and gastrointestinal surgeon attached to St Vincent ’ s Private Hospital ( SVPH ) , Merrion Road , Dublin 4 and St Vincent ’ s University Hospital ( SVUH ) , and also against bothhospitals , arising from her husband ’ s death on July 29th , @ @ @ @ @ @ @ claim for nervous shock .
In separate defences , the defendants denied his death was caused or contributed to by any wrongdoing , negligence , breach of duty or breach of agreement on their part .
The case opened on Tuesday but , on its fourth day on Friday , Mr Justice Kevin Cross was told by Denis McCullough SC , with Declan Doyle SC , instructed by Gillian O ’ Connor of Michael Boylan Litigation , for the plaintiff , it had settled without admission of liability .
The statement of regret @ @ @ @ @ @ @ the defendants we express our since regret to Mrs Hyland-McGuire on the death of her husband Mr Patrick Hyland-McGuire on the 29th July 2016 .
We acknowledge the continuing distress and sadness caused to Mrs Hyland-McGuire by the loss of her husband .
We again offer our since condolences to Mrs Hyland-McGuire.
” Making the orders sought , Mr Justice Cross said it was “ a very sad case ” and it was clear Mrs Hyland-McGuire had suffered a lot .
He hoped and believed the settlement would provide financial security for her @ @ @ @ @ @ @ settlement and expressed his sympathies to Mrs Hyland-McGuire to her and other relatives of the deceased .
The action had involved a claim for more than €2.8 million arising from loss of earnings and opportunity of Dr Hyland-McGuire , on whom his wife was entirely financially dependent .
The couple were married for some 30 years and Dr Hyland-McGuire was , at the time of his death , earning some €500,000 a year as a consultant in emergency medicine at locations including the Beacon Clinic , which has since named its A & @ @ @ @ @ @ @ , who have no children , were very close and Ms Hyland-McGuire was “ devastated ” by her husband ’ s death , Mr McCullough told the court .
The judge was told Dr Hyland-McGuire admitted himself to SVPH about 10.30pm on the night of July 28th , 2016 .
Earlier that day , he had phone contact with Prof Winter in which he described various symptoms and diagnosed himself as having diverticulitis , a digestive tract disease .
At SVPH about 5am , Dr Hyland-McGuire experienced a dizzy spell and an ECG @ @ @ @ @ @ @ court was told .
Mr McCullough said the ECG unequivocally showed evidence of an acute inferior miocardial infarction or heart attack .
Their case was the defendants failed to take any or any appropriate action arising from the results of that and other ECGs .
Dr Hyland-McGuire was transferred to SVUH just after 8am , developed cardiogenic shock about 8.40am and lost consciousness .
Despite further attempts at resuscitation and coronary medical interventions , he was pronounced dead at 10.59am on July 29th , 2016 .

Dr Patrick Hyland-McGuire was, at the time of his death, a consultant in emergency medicine at locations including the Beacon Clinic, which has since named its A&E department after him. Image: Family handout.
A woman whose medical consultant husband died in a Dublin hospital has settled her High Court action against another consultant and two hospitals over his care and treatment.
The settlement, made without admission of liability, is confidential. As part of it, a statement of regret was read in court on behalf of the defendants in the case to Meraid Hyland-McGuire on the death of her husband Patrick.
Among various claims, Mrs Hyland-McGuire alleged a failure to act appropriately in response to an electrocardiogram (ECG) carried out on the 58-year-old at St Vincent’s Private Hospital, Dublin, indicating he had had a heart attack. Had there been an appropriate response, he would probably have survived, she claimed.
Ms Hyland-McGuire, of Stonebridge Road, Rathmichael, Co Dublin, brought proceedings against Prof Des Winter, a general/laparoscopic and gastrointestinal surgeon attached to St Vincent’s Private Hospital (SVPH), Merrion Road, Dublin 4 and St Vincent’s University Hospital (SVUH), and also against bothhospitals, arising from her husband’s death on July 29th, 2016. The case also included a claim for nervous shock.
READ MORE
In separate defences, the defendants denied his death was caused or contributed to by any wrongdoing, negligence, breach of duty or breach of agreement on their part.
The case opened on Tuesday but, on its fourth day on Friday, Mr Justice Kevin Cross was told by Denis McCullough SC, with Declan Doyle SC, instructed by Gillian O’Connor of Michael Boylan Litigation, for the plaintiff, it had settled without admission of liability.
The statement of regret said: “On behalf of all the defendants we express our since regret to Mrs Hyland-McGuire on the death of her husband Mr Patrick Hyland-McGuire on the 29th July 2016. We acknowledge the continuing distress and sadness caused to Mrs Hyland-McGuire by the loss of her husband. We again offer our since condolences to Mrs Hyland-McGuire.”
‘Sad case’
Making the orders sought, Mr Justice Cross said it was “a very sad case” and it was clear Mrs Hyland-McGuire had suffered a lot. He hoped and believed the settlement would provide financial security for her, praised the lawyers for achieving a settlement and expressed his sympathies to Mrs Hyland-McGuire to her and other relatives of the deceased.
The action had involved a claim for more than €2.8 million arising from loss of earnings and opportunity of Dr Hyland-McGuire, on whom his wife was entirely financially dependent.
The couple were married for some 30 years and Dr Hyland-McGuire was, at the time of his death, earning some €500,000 a year as a consultant in emergency medicine at locations including the Beacon Clinic, which has since named its A&E department after him.
The couple, who have no children, were very close and Ms Hyland-McGuire was “devastated” by her husband’s death, Mr McCullough told the court.
The judge was told Dr Hyland-McGuire admitted himself to SVPH about 10.30pm on the night of July 28th, 2016. Earlier that day, he had phone contact with Prof Winter in which he described various symptoms and diagnosed himself as having diverticulitis, a digestive tract disease.
At SVPH about 5am, Dr Hyland-McGuire experienced a dizzy spell and an ECG was carried out at 5.23am, the court was told.
Mr McCullough said the ECG unequivocally showed evidence of an acute inferior miocardial infarction or heart attack. Their case was the defendants failed to take any or any appropriate action arising from the results of that and other ECGs.
Dr Hyland-McGuire was transferred to SVUH just after 8am, developed cardiogenic shock about 8.40am and lost consciousness. Despite further attempts at resuscitation and coronary medical interventions, he was pronounced dead at 10.59am on July 29th, 2016.


theirishtimes--2020-02-14--Two transatlantic jets make emergency landings at Shannon

Two transatlantic passenger jets made unscheduled landings at Shannon Airport on Friday after their crews declared medical emergencies .
United Airlines flight UA-121 diverted to Shannon after the crew reported they needed to seek medical attention for a passenger .
There were 174 passengers and crew on board the Boeing 767-400 jet which was travelling from Barcelona in Spain to Newark , New Jersey in the United States .
The flight was approaching the south coast of Ireland at around 11.45am when the flight crew advised air traffic controllers of their emergency and requested clearance to divert to Shannon .
@ @ @ @ @ @ @ and dump aviation fuel off the south .
This was to ensure that the aircraft touched down within safe landing weight limits .
After spending about 20 minutes jettisoning fuel , the flight diverted to Shannon where it landed safely at 12.44pm .
The jet was met on arrival by airport fire and rescue crews who are mobilised as part of procedures when an aircraft dumps fuel before landing .
The aircraft taxied to the terminal where it was met by airport authorities and National Ambulance Service paramedics .
A male passenger was @ @ @ @ @ @ @ assessed by paramedics and was transported to University Hospital Limerick for treatment .
Earlier , a British Airways flight travelling from The Bahamas in the Caribbean to Heathrow in London also diverted to seek medical attention for a passenger .
British Airways flight BA-252 was almost six hours into its flight and still had about 90 minutes from London when the crew declared a medical emergency and requested permission to divert to Shannon .
The Boeing 777-200 jet landed safely at 9.50am and was met at the terminal by ambulance paramedics .
A @ @ @ @ @ @ @ for treatment .
Both flights continued their journeys once the passengers ’ baggage had been removed and the aircraft were refuelled .
Shannon is the country ’ s busiest airport for aircraft diversions .
It has the longest runway in Ireland at almost 3.2km ( 10,495ft ) and capable of handling all passenger and cargo aircraft types .

Two transatlantic passenger jets made unscheduled landings at Shannon Airport on Friday after their crews declared medical emergencies.
United Airlines flight UA-121 diverted to Shannon after the crew reported they needed to seek medical attention for a passenger. There were 174 passengers and crew on board the Boeing 767-400 jet which was travelling from Barcelona in Spain to Newark, New Jersey in the United States.
The flight was approaching the south coast of Ireland at around 11.45am when the flight crew advised air traffic controllers of their emergency and requested clearance to divert to Shannon.
The pilot also sought permission to descend and dump aviation fuel off the south. This was to ensure that the aircraft touched down within safe landing weight limits.
READ MORE
After spending about 20 minutes jettisoning fuel, the flight diverted to Shannon where it landed safely at 12.44pm. The jet was met on arrival by airport fire and rescue crews who are mobilised as part of procedures when an aircraft dumps fuel before landing.
The aircraft taxied to the terminal where it was met by airport authorities and National Ambulance Service paramedics. A male passenger was removed from the aircraft and after being assessed by paramedics and was transported to University Hospital Limerick for treatment.
Earlier, a British Airways flight travelling from The Bahamas in the Caribbean to Heathrow in London also diverted to seek medical attention for a passenger.
British Airways flight BA-252 was almost six hours into its flight and still had about 90 minutes from London when the crew declared a medical emergency and requested permission to divert to Shannon.
The Boeing 777-200 jet landed safely at 9.50am and was met at the terminal by ambulance paramedics. A passenger was removed to University Hospital Limerick for treatment.
Both flights continued their journeys once the passengers’ baggage had been removed and the aircraft were refuelled.
Shannon is the country’s busiest airport for aircraft diversions. It has the longest runway in Ireland at almost 3.2km (10,495ft) and capable of handling all passenger and cargo aircraft types.


theirishtimes--2020-02-17--Dublin City Council says there are too many bus routes on the same streets

Dublin City Council has said the current situation of too many bus routes on the same streets and not enough of a spread of services through the city centre “ is not something we feel can or should continue ” .
The comments were made in a submission from the council ’ s transportation department to the National Transport Authority ( NTA ) in relation to the BusConnects project in December .
The council said it “ very much ” welcomes the spreading of bus routes under the proposed plans .
“ The current situation of too many routes on @ @ @ @ @ @ @ of services through the core city centre is not something we feel can or should continue , ” it said .
The council said the bus network in Dublin was at present and for the foreseeable future “ the workhouse of public transport ” .
“ The current investment and network redesign was both welcome and overdue.
” However , the council said it felt there were some “ missed opportunities ” in the latest plans , published in October , “ to provide strong and consistent bus routings in the city centre @ @ @ @ @ @ @ the A spine alignment be reviewed , and that it should use Dawson Street/Kildare Street and then connect to Camden Street at Wexford Street and Harcourt Street instead of using George ’ s Street .
“ This would bring some bus services back to Harcourt Street in one direction , which we would welcome and would result in a considerable reduction of bus numbers on George ’ s Street .
“ There may be other opportunities to investigate moving some more services to this alignment.
” The submission also said it should be @ @ @ @ @ @ @ Street axis into the centre was one of the busiest cycling routes in the city , and “ this route has minimal amount of space to provide dedicated bus and cycle lanes ” .
“ A better policy we believe would be to make this route the primary cycling axis to the city centre .
By changing the routing for the majority of buses on this axis to routes which have more capacity to provide the level of bus priority required , for example Stephen ’ s Green , the now mostly public @ @ @ @ @ @ @ route around Trinity College/Nassau Street , we can achieve better cycling provision and a better and more reliable bus service in the city centre.
” BusConnects aims to overhaul the bus system in the Dublin region by creating 230km of dedicated bus lanes and 200km of cycle tracks along 16 of the busiest corridors and a redesign of the network .
The NTA says the plans promise faster journey times and a high-frequency service on busy routes and an easy-to-understand network .
The NTA is currently reviewing all submissions , and will not @ @ @ @ @ @ @ review is complete ” .

BusConnects aims to overhaul the Dublin bus system by creating 230km of dedicated bus lanes and 200km of cycle tracks along 16 of the busiest corridors. Photograph: Cyril Byrne
Dublin City Council has said the current situation of too many bus routes on the same streets and not enough of a spread of services through the city centre “is not something we feel can or should continue”.
The comments were made in a submission from the council's transportation department to the National Transport Authority (NTA) in relation to the BusConnects project in December.
The council said it “very much” welcomes the spreading of bus routes under the proposed plans. “The current situation of too many routes on the same streets and not enough spread of services through the core city centre is not something we feel can or should continue,” it said.
The council said the bus network in Dublin was at present and for the foreseeable future “the workhouse of public transport”. “The current investment and network redesign was both welcome and overdue.”
READ MORE
However, the council said it felt there were some “missed opportunities” in the latest plans, published in October, “to provide strong and consistent bus routings in the city centre”.
The council has asked that the A spine alignment be reviewed, and that it should use Dawson Street/Kildare Street and then connect to Camden Street at Wexford Street and Harcourt Street instead of using George's Street.
“This would bring some bus services back to Harcourt Street in one direction, which we would welcome and would result in a considerable reduction of bus numbers on George’s Street.
“There may be other opportunities to investigate moving some more services to this alignment.”
Cycle lanes
The submission also said it should be noted that the Camden Street/George’s Street axis into the centre was one of the busiest cycling routes in the city, and “this route has minimal amount of space to provide dedicated bus and cycle lanes”.
“A better policy we believe would be to make this route the primary cycling axis to the city centre. By changing the routing for the majority of buses on this axis to routes which have more capacity to provide the level of bus priority required, for example Stephen’s Green, the now mostly public transport Dawson Street and the high capacity route around Trinity College/Nassau Street, we can achieve better cycling provision and a better and more reliable bus service in the city centre.”
BusConnects aims to overhaul the bus system in the Dublin region by creating 230km of dedicated bus lanes and 200km of cycle tracks along 16 of the busiest corridors and a redesign of the network.
The NTA says the plans promise faster journey times and a high-frequency service on busy routes and an easy-to-understand network.
The NTA is currently reviewing all submissions, and will not comment on individual submissions “until the review is complete”.


theirishtimes--2020-02-17--Disability service residents may receive over €1m in refunds over ‘inappropriate’ spending

Residents of a disability service are set to receive reimbursements which may total more than €1 million after a review into “ inappropriate ” spending of clients ’ personal money .
Top level management in the HSE have been told that a “ significant ” level of refunds to clients is expected to have to be put in place arising from an independent review into “ inappropriate ” and “ unacceptable ” use of such money in previous years at the Stewarts Care organisation .
Stewarts Care is one of the largest organisations in the State providing services for people @ @ @ @ @ @ @ money in the personal private accounts of residents – which should hold day-to-day funds to be used for the exclusive benefit of the individual , such as for outings or gifts .
Instead , in some cases this was used for a broader purpose such as minor capital works in residences to bring them up to Hiqa standards or for equipment and services which should have been paid for by the service provider .
It is understood that in 2018 management at Stewarts Care alerted the HSE to “ legacy ” practices relating @ @ @ @ @ @ @ on behalf of people in its facilities was used .
External consultants BDO were appointed to look into the issue and the HSE last week said this process had now been completed .
It said a draft report was “ currently with Stewarts Care for further consideration ” .
The HSE ’ s internal national performance oversight group told chief executive Paul Reid and other senior management last September that it was “ important to flag at this point that the report is expected to underpin a significant level of ‘ client refund @ @ @ @ @ @ @ deficit situation at Stewarts Care ” .
The HSE said last week that on foot of the report a suite of recommendations would be considered “ and appropriate action plans drawn up for implementation ” .
The report is understood to look at the use of personal accounts in a sample of about three dozen or so residents at Stewarts Care facilities over a three-year period beginning about a decade ago .
However , over the full period in question there may have been about 300 people residing in the facilities at various @ @ @ @ @ @ @ amounts involved to be reimbursed could potentially be more than €1 million .
In some cases it is believed that guardians may have been approached and had given consent for how money was spent but that this was still outside the rules applying to the private accounts .
Asked last week whether the issues that arose at Stewarts Care on the use of client funds were replicated in any other health or disability facilities , the HSE said : “ At this time the HSE is not aware of any further service providers @ @ @ @ @ @ @ Care provides residential services to more than 260 people overall , with about 150 at its campus in west Dublin , with others based in a number of houses .
It also provides daycare for about 500 people , respite for adults and children , as well as support for families .

Residents of a disability service are set to receive reimbursements which may total more than €1 million after a review into “inappropriate” spending of clients’ personal money.
Top level management in the HSE have been told that a "significant" level of refunds to clients is expected to have to be put in place arising from an independent review into "inappropriate" and "unacceptable" use of such money in previous years at the Stewarts Care organisation.
Stewarts Care is one of the largest organisations in the State providing services for people with disabilities.
The issue centres on money in the personal private accounts of residents – which should hold day-to-day funds to be used for the exclusive benefit of the individual, such as for outings or gifts.
READ MORE
Instead, in some cases this was used for a broader purpose such as minor capital works in residences to bring them up to Hiqa standards or for equipment and services which should have been paid for by the service provider.
It is understood that in 2018 management at Stewarts Care alerted the HSE to “legacy” practices relating to how money it was essentially minding on behalf of people in its facilities was used.
External consultants BDO were appointed to look into the issue and the HSE last week said this process had now been completed. It said a draft report was "currently with Stewarts Care for further consideration".
The HSE's internal national performance oversight group told chief executive Paul Reid and other senior management last September that it was "important to flag at this point that the report is expected to underpin a significant level of 'client refund' which will add to a significant deficit situation at Stewarts Care".
The HSE said last week that on foot of the report a suite of recommendations would be considered “and appropriate action plans drawn up for implementation”.
The report is understood to look at the use of personal accounts in a sample of about three dozen or so residents at Stewarts Care facilities over a three-year period beginning about a decade ago.
However, over the full period in question there may have been about 300 people residing in the facilities at various stages. It is understood that the amounts involved to be reimbursed could potentially be more than €1 million.
In some cases it is believed that guardians may have been approached and had given consent for how money was spent but that this was still outside the rules applying to the private accounts.
Asked last week whether the issues that arose at Stewarts Care on the use of client funds were replicated in any other health or disability facilities, the HSE said: “At this time the HSE is not aware of any further service providers which have disclosed similar issues.”
Stewarts Care provides residential services to more than 260 people overall, with about 150 at its campus in west Dublin, with others based in a number of houses. It also provides daycare for about 500 people, respite for adults and children, as well as support for families.


theirishtimes--2020-02-17--Mandatory minimum sentencing has done little to tackle serious crime

There is a general perception that judges and the justice system go easier on offenders than they did in years past .
This is something not missed by politicians , especially those of a populist bent , who regularly promise to do something about the scourge of “ soft sentencing ” .
However many trends suggest judges are becoming more – and not less – punitive .
Figures published in Monday ’ s Irish Times show people caught with large amounts of drugs are twice as likely to go to jail as they were a decade ago .
Meanwhile , @ @ @ @ @ @ @ has , for the most part , been on an upward trend in recent years while the proportion of short sentences handed down for minor crimes has increased by a third .
This trend is likely to continue .
If in government after the election , Fianna Fáil has promised mandatory sentences for knife possession and an expansion of powers for gardaí in organised crime cases .
Most people want to see more done about serious crime but it is important to question the benefits of travelling further down this road .
Some @ @ @ @ @ @ @ powers of the Special Criminal Court , have undoubtedly made it easier to prosecute highly dangerous criminals such as Freddie Thompson or hitman Imre Arakas ( the associated impact on civil liberties is a price most people seem happy to pay ) .
The case for mandatory minimum sentences is much less clear .
Legislation governing large scale drug dealing was introduced in 1999 in a febrile atmosphere .
There had been an explosion in the volumes of drugs being imported into the country by organised criminals .
It was one of these @ @ @ @ @ @ @ in 1996 .
The government introduced the Misuse of Drugs Act , specifically section 15 ( a ) which mandated that anyone caught with £10,000 ( €13,000 ) worth of drugs should receive a 10-year mandatory minimum sentence .
It became the third crime , along with murder and firearms possession , to attract a mandatory minimum .
Crucially however , the legislation also contained a proviso that a lesser sentence could be imposed in “ exceptional and specific circumstances ” .
From the beginning , judges – perhaps resentful of the encroachment @ @ @ @ @ @ @ – interpreted this provision in a broad manner .
An offender co-operating with gardaí , even in a limited way , was viewed as an “ exceptional circumstance ” .
So was a guilty plea .
And since the vast majority of offenders pleaded guilty , the vast majority did not receive the mandatory minimum sentence .
Since then the higher courts have repeatedly upheld the idea that a 10-year sentence should be the exception rather than the rule .
Judging from the Dáil debates of the late 90s , this was the @ @ @ @ @ @ @ intention .
Today only about 7 per cent of offenders get 10 years or more .
Despite being rarely implemented , the law has drawn criticism from reformers .
Several years ago the Law Reform Commission said that organised criminals have adapted to the law .
Instead of holding on to the drugs themselves , they pay or coerce others to do it for them .
Many of these patsies are vulnerable or addicted to drugs themselves .
The law may be deficient in other ways and , in certain circumstances , could @ @ @ @ @ @ @ Orange SC said some people are set up for arrest by their rivals or associates , “ and they have no idea who reported them ” .
Although section 15 ( a ) rarely directly results in serious criminals being taken off the streets , it can be useful to gardaí in other ways , said Orange , who wrote the book , Drug Crime in Ireland .
Detectives use it as “ leverage ” , he said , by holding the prospect of a 10-year sentence over a suspect unless they provide @ @ @ @ @ @ @ accomplices , gardaí will undertake to tell the court the defendant named names , something which is almost always taken into account by the judge .
Of course , stating in open court that a defendant had provided names to gardaí could result in serious risks to their safety .
To get around this , barristers use a kind of code , saying things like suspects were “ of assistance ” or “ co-operated with gardaí ” .
In particularly sensitive cases , a sealed letter is sometimes handed into the judge detailing @ @ @ @ @ @ @ also pointed to another possible unfairness .
The law takes no account of inflation .
When the euro came in , the threshold was merely converted from £10,000 to €13,000 of drugs .
“ That buys you a lot less now than it did 20 years ago , ” he said .

There is a general perception that judges and the justice system go easier on offenders than they did in years past.
This is something not missed by politicians, especially those of a populist bent, who regularly promise to do something about the scourge of “soft sentencing”.
However many trends suggest judges are becoming more – and not less – punitive. Figures published in Monday’s Irish Times show people caught with large amounts of drugs are twice as likely to go to jail as they were a decade ago.
Meanwhile, the average length of a life sentence has, for the most part, been on an upward trend in recent years while the proportion of short sentences handed down for minor crimes has increased by a third.
READ MORE
This trend is likely to continue. If in government after the election, Fianna Fáil has promised mandatory sentences for knife possession and an expansion of powers for gardaí in organised crime cases.
Most people want to see more done about serious crime but it is important to question the benefits of travelling further down this road.
Some measures, like the expansion of the powers of the Special Criminal Court, have undoubtedly made it easier to prosecute highly dangerous criminals such as Freddie Thompson or hitman Imre Arakas (the associated impact on civil liberties is a price most people seem happy to pay).
Drug dealing
The case for mandatory minimum sentences is much less clear. Legislation governing large scale drug dealing was introduced in 1999 in a febrile atmosphere. There had been an explosion in the volumes of drugs being imported into the country by organised criminals. It was one of these ascendant gangs which murdered journalist Veronica Guerin in 1996. The government introduced the Misuse of Drugs Act, specifically section 15(a) which mandated that anyone caught with £10,000 (€13,000) worth of drugs should receive a 10-year mandatory minimum sentence.
It became the third crime, along with murder and firearms possession, to attract a mandatory minimum.
Crucially however, the legislation also contained a proviso that a lesser sentence could be imposed in “exceptional and specific circumstances”.
From the beginning, judges – perhaps resentful of the encroachment of the Oireachtas on their sentencing powers – interpreted this provision in a broad manner. An offender co-operating with gardaí, even in a limited way, was viewed as an "exceptional circumstance". So was a guilty plea. And since the vast majority of offenders pleaded guilty, the vast majority did not receive the mandatory minimum sentence.
Since then the higher courts have repeatedly upheld the idea that a 10-year sentence should be the exception rather than the rule. Judging from the Dáil debates of the late 90s, this was the exact opposite of the government’s intention. Today only about 7 per cent of offenders get 10 years or more.
Despite being rarely implemented, the law has drawn criticism from reformers. Several years ago the Law Reform Commission said that organised criminals have adapted to the law. Instead of holding on to the drugs themselves, they pay or coerce others to do it for them. Many of these patsies are vulnerable or addicted to drugs themselves.
The law may be deficient in other ways and, in certain circumstances, could even be benefiting criminals.
Barrister Garnet Orange SC said some people are set up for arrest by their rivals or associates, "and they have no idea who reported them".
Although section 15(a) rarely directly results in serious criminals being taken off the streets, it can be useful to gardaí in other ways, said Orange, who wrote the book, Drug Crime in Ireland.
Detectives use it as “leverage”, he said, by holding the prospect of a 10-year sentence over a suspect unless they provide information.
In return for names of accomplices, gardaí will undertake to tell the court the defendant named names, something which is almost always taken into account by the judge.
Of course, stating in open court that a defendant had provided names to gardaí could result in serious risks to their safety. To get around this, barristers use a kind of code, saying things like suspects were “of assistance” or “co-operated with gardaí”. In particularly sensitive cases, a sealed letter is sometimes handed into the judge detailing the defendant’s assistance.
Orange also pointed to another possible unfairness. The law takes no account of inflation. When the euro came in, the threshold was merely converted from £10,000 to €13,000 of drugs. “That buys you a lot less now than it did 20 years ago,” he said.


theirishtimes--2020-02-17--‘I’m an emotional wreck’: Dublin man fears council will seize his caravan

A south Dublin man who has been living in a caravan for more than three years fears returning to a tent following an eviction notice from the local authority .
James Douglas ( 39 ) said he might lose contact with his children if he could not get alternative accommodation .
He became homeless four years ago after his marriage broke down .
“ I was in a tent for six months first .
Then friends and family got together and got me a caravan.
” Since then he has been staying on a green area at the back of @ @ @ @ @ @ @ south Co Dublin .
Towards the end of last summer , however , that van was seized by Dún Laoghaire-Rathdown County Council while he was dropping his children to school .
“ All my grandparents ’ things I had , my children ’ s clothes , they took them.
” He slept again in a tent for six weeks until , again with help , he got a caravan three months ago .
It has just one “ room ” with two seating areas that pull out as beds .
It has a @ @ @ @ @ @ @ cabinet-sized room with a toilet .
“ You have to empty the toilet , so I don ’ t use it , ” he said .
“ I go into a neighbour ’ s for that , and to wash. ” There is no heating , the windows are single-glazed plastic and a hole in the floor is stuffed with cushions .
As his youngest children , Kealum ( 10 ) and Skye ( 9 ) , eat soup at one table , the van is very cold .
He sleeps with “ @ @ @ @ @ @ @ I am happy enough .
It ’ s a roof over my head .
I can see my kids.
” On February 11th he returned to find a notice from the council taped to his door , telling him the caravan was “ an obstruction ” and giving him 24 hours ’ notice to remove it “ to at least a distance of one mile ” from its current position .
The council would remove it if Mr Douglas did not comply , it says .
He has moved it across the road @ @ @ @ @ @ @ I ’ m waiting for the council to come and take this one now .
I ’ m an emotional wreck , ” he says becoming upset .
“ It feels like the harder you try the harder they make it.
” He is to meet council officials on Monday but is not optimistic .
Though approved for the Housing Assistance Payment , he hasn ’ t been able to find rental accommodation .
“ The landlords won ’ t take HAP.
” As a recovering alcoholic , he says he can not @ @ @ @ @ @ @ drugs may be used .
In addition he had a stroke last year and fears his “ heavy medication ” could be stolen .
Local councillor Hugh Lewis of People Before Profit said Mr Douglas “ should not be made homeless ” until “ somewhere else that meets his needs ” is found .
Mr Douglas said he he needed to stay in the area .
“ If I don ’ t take the kids after school their mother will have to give up work .
Their after-school clubs are here.
” A @ @ @ @ @ @ @ Gary , described the council ’ s threat to seize the van as a “ disgrace ” .
“ He ’ s a good friend , ” he added .
“ He isn ’ t doing anyone any harm here.
” A spokeswoman said Dún Laoghaire-Rathdown County Council did comment on individual cases .
She added : “ Every effort is made to source emergency accommodation for any person who requires it .
In addition the council provides a place-finder ’ s service to assist people ... to exit homelessness .
”

James Douglas, who lives in a caravan on the side of the road in the Rathsallagh Park area of Shankill, and his children Skye (9) and Kealum (10). Photograph: Dave Meehan
A south Dublin man who has been living in a caravan for more than three years fears returning to a tent following an eviction notice from the local authority.
James Douglas (39) said he might lose contact with his children if he could not get alternative accommodation. He became homeless four years ago after his marriage broke down.
"I was in a tent for six months first. Then friends and family got together and got me a caravan." Since then he has been staying on a green area at the back of Rathsallagh Park housing estate in Shankill, south Co Dublin.
Towards the end of last summer, however, that van was seized by Dún Laoghaire-Rathdown County Council while he was dropping his children to school.
READ MORE
“All my grandparents’ things I had, my children’s clothes,they took them.” He slept again in a tent for six weeks until, again with help, he got a caravan three months ago.
It has just one “room” with two seating areas that pull out as beds. It has a two-ring hob, a sink and a cabinet-sized room with a toilet. “You have to empty the toilet, so I don’t use it,” he said. “I go into a neighbour’s for that, and to wash.” There is no heating, the windows are single-glazed plastic and a hole in the floor is stuffed with cushions.
As his youngest children, Kealum (10) and Skye (9), eat soup at one table, the van is very cold. He sleeps with “four or five quilts”.
“I am happy enough. It’s a roof over my head. I can see my kids.”
James Douglas. Photograph: Dave Meehan
Council notice
On February 11th he returned to find a notice from the council taped to his door, telling him the caravan was “an obstruction” and giving him 24 hours’ notice to remove it “to at least a distance of one mile” from its current position. The council would remove it if Mr Douglas did not comply, it says.
He has moved it across the road to a nearby parking space.
“I’m waiting for the council to come and take this one now. I’m an emotional wreck,” he says becoming upset. “It feels like the harder you try the harder they make it.”
He is to meet council officials on Monday but is not optimistic.
Though approved for the Housing Assistance Payment, he hasn’t been able to find rental accommodation. “The landlords won’t take HAP.”
As a recovering alcoholic, he says he cannot go into a homeless hostel, where drugs may be used. In addition he had a stroke last year and fears his “heavy medication” could be stolen.
Local councillor Hugh Lewis of People Before Profit said Mr Douglas "should not be made homeless" until "somewhere else that meets his needs" is found.
Mr Douglas said he he needed to stay in the area. “If I don’t take the kids after school their mother will have to give up work. Their after-school clubs are here.”
A neighbour, who gave his name as Gary, described the council’s threat to seize the van as a “disgrace”. “He’s a good friend,” he added. “He isn’t doing anyone any harm here.”
A spokeswoman said Dún Laoghaire-Rathdown County Council did comment on individual cases.
She added: “Every effort is made to source emergency accommodation for any person who requires it. In addition the council provides a place-finder’s service to assist people ... to exit homelessness.”