theirishtimes--2020-02-03--Exhibition on Cork burning in 1920 will help understanding of period – historian

A new exhibition on the burning of Cork by British forces in 1920 will help people understand why so many people were prepared to fight and die for an independent Irish Republic , according to a leading Cork historian .
Gerry White said the exhibition , Cork 1920 – The Burning of a City , which runs for the year at St Peter ’ s Cork on the North Main Street , would introduce many Corkonians to the reality of life for its citizens 100 years ago .
“ In 1920 , the people of Cork were participating in the @ @ @ @ @ @ @ against the backdrop of the collapse of empires that occurred at the end of the first World War , ” said Mr White who has written about the burning of Cork .
“ The exhibition and events being held over the coming year , such as this one here in St Peter ’ s , will serve as a reminder of that important chapter in our history and of the huge debt of gratitude we owe those who came before us .
“ And perhaps they will also help us to understand a @ @ @ @ @ @ @ about the concept of an independent Irish republic that so many people were prepared to fight for it , and if necessary , to die for it ?
” Officially opening the exhibition , Lord Mayor of Cork , Cllr John Sheehan paid tribute to Christine Moloney , CEO of LW Management and her team at St Peter ’ s Cork for their creative approach in compiling the exhibition .
“ I had the opportunity to preview Cork 1920 – The Burning of a City with the St Peter ’ s team and @ @ @ @ @ @ @ the year will agree that their creative approach gives a poignant insight into 1920 ” .
Cllr Sheehan said that through the use of archival material , historic photographs and witness statements , St Peter ’ s Cork had created an exhibition that captured the vision and energy of the men and women of 100 years ago .
“ We commemorate these events as a city , not merely to remember them , and certainly not to rake over old wounds , but rather to learn from those men and women of that @ @ @ @ @ @ @ our generation and generations to follow , the freedom we now take for granted , ” he said .
The series of events planned by Cork City Council to mark the centenary of 1920 also includes a number of exhibitions at Cork Public Museum in Fitzgerald ’ s Park .
These include Suffering the Most – the Life and Times of Tomás Mac Curtain and Terence Mac Swiney and Cork – A County at War , while Cork City Library will host an exhibition No Longer Forgotten : Cork Women of the Revolution @ @ @ @ @ @ @ the History Roadshow 2020 where Myles Dungan will talk on The War in the Shadows and Liz Gillis will speak on 1920 – Year of Terror and Kate O ’ Malley will speak on Irish Revolutionary Women .
In November and December and continuing in 2021 , Cork City Hall and Cork City Library will host a two-part exhibition entitled Cork : A City Burned – A City Reborn and Cork : A Library Burned – A Library Reborn .
For more information about Cork 1920 – The Burning of a City , @ @ @ @

The ruins of Cork city centre after the burning of the city by British forces in 1920. Photograph: FPG/Hulton Archive/Getty Images
A new exhibition on the burning of Cork by British forces in 1920 will help people understand why so many people were prepared to fight and die for an independent Irish Republic, according to a leading Cork historian.
Gerry White said the exhibition, Cork 1920 – The Burning of a City, which runs for the year at St Peter's Cork on the North Main Street, would introduce many Corkonians to the reality of life for its citizens 100 years ago.
"In 1920, the people of Cork were participating in the birth of a new nation, set against the backdrop of the collapse of empires that occurred at the end of the first World War," said Mr White who has written about the burning of Cork.
“The exhibition and events being held over the coming year, such as this one here in St Peter’s, will serve as a reminder of that important chapter in our history and of the huge debt of gratitude we owe those who came before us.
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“And perhaps they will also help us to understand a very fundamental question – what was it about the concept of an independent Irish republic that so many people were prepared to fight for it, and if necessary, to die for it?”
Officially opening the exhibition, Lord Mayor of Cork, Cllr John Sheehan paid tribute to Christine Moloney, CEO of LW Management and her team at St Peter's Cork for their creative approach in compiling the exhibition.
“I had the opportunity to preview Cork 1920 – The Burning of a City with the St Peter’s team and I am sure everyone who visits during the year will agree that their creative approach gives a poignant insight into 1920”.
Cllr Sheehan said that through the use of archival material, historic photographs and witness statements, St Peter's Cork had created an exhibition that captured the vision and energy of the men and women of 100 years ago.
“We commemorate these events as a city, not merely to remember them, and certainly not to rake over old wounds, but rather to learn from those men and women of that era, whose vision and sacrifice gave our generation and generations to follow, the freedom we now take for granted,” he said.
The series of events planned by Cork City Council to mark the centenary of 1920 also includes a number of exhibitions at Cork Public Museum in Fitzgerald's Park. These include Suffering the Most – the Life and Times of Tomás Mac Curtain and Terence Mac Swiney and Cork – A County at War, while Cork City Library will host an exhibition No Longer Forgotten: Cork Women of the Revolution.
Cork City Library will also host the History Roadshow 2020 where Myles Dungan will talk on The War in the Shadows and Liz Gillis will speak on 1920 – Year of Terror and Kate O'Malley will speak on Irish Revolutionary Women.
In November and December and continuing in 2021, Cork City Hall and Cork City Library will host a two-part exhibition entitled Cork: A City Burned – A City Reborn and Cork: A Library Burned – A Library Reborn.
For more information about Cork 1920 – The Burning of a City, see https://stpeterscork.ie/


theirishtimes--2020-02-03--Green leader warns addressing climate change is a red line in any coalition talks

Green Party leader Eamon Ryan has warned the major parties that anyone seeking to go into coalition with the Greens will need to seriously address Ireland ’ s carbon emissions if they are to secure their support .
Mr Ryan said addressing climate change was “ a red line issue ” for the Green Party but , to date , none of the three larger parties appeared to be addressing the issue in a real and honest way .
“ I have to say the climate change issue hasn ’ t really featured much in public debate so far – @ @ @ @ @ @ @ change , Fine Gael have set their climate action plan for a 2 per cent reduction but that isn ’ t ambitious enough .
“ Fianna Fáil and Sinn Féin in their manifestos have just paid lip service to the idea of climate change .
They say , ‘ Oh we ’ re all interested in that subject ’ but they provide nothing to make the scale of the leap we need to make.
” Mr Ryan said that if the Green Party is returned with a significant number of TDs , it @ @ @ @ @ @ @ meets its demand to meet EU carbon emission reduction targets by 2030 .
“ If we ’ re in any sort of talks with anyone if people elect us in the numbers we hope , then we will be saying ‘ Let ’ s be honest here now , a 7 per cent reduction in carbon emissions per year is needed ’ .
“ That would involve a tripling or quadrupling of the current plan and with a 7 per cent reduction in emissions per annum that would get to about the 50 @ @ @ @ @ @ @ the European Union for 2030 .
“ That ’ s what the European Union is saying we have to do to avoid starting paying fines which could be €7 billion in the next decade and ramping up from there if we don ’ t meet those targets.
” Mr Ryan , who was speaking at a press conference attended by the party ’ s five candidates in the five Cork constituencies , said the Greens could win up to 15 seats if the polls are to be believed .
Cllr Liam Quaide is @ @ @ @ @ @ @ , Cllr Oliver Moran in Cork North Central , Cllr Colette Finn in Cork North West , Cllr Lorna Bogue in Cork South Central and Bernie Connolly in Cork South West .
“ I think if the polls are right and we ’ re running at between 7 per cent and 10 per cent , if that turns up on Saturday , I think we could win up to 15 seats around the country and I think we should be looking for at least four of those in Munster .
“ I think @ @ @ @ @ @ @ are really well organised and we are united – our membership has doubled in the last year and we have a really top team of 39 people who are quality candidates from all walks of life.
” Asked whether he would have any difficulty going into coalition with Sinn Féin , Mr Ryan said he believed the climate change crisis facing Ireland was so huge that the Greens could not afford to engage in the politics of refusal .
“ The scale of change we need to make on climate in two decades @ @ @ @ @ @ @ our energy system , our food system , our transport system , our waste system – what we have to do is beyond compare .
“ We won ’ t achieve that if we play this as a divisive politics game , right versus left , rural versus urban or young versus old and that drives us to say we will work with all parties , we will work with whoever the people elect .
“ We believe in this democratic constitutional republic and I believe in and stand by this State , @ @ @ @ @ @ @ Irish people are to elect people , who are we to say ‘ We won ’ t talk to you ’ – we need to respect the voters .
”

Green Party leader Eamon Ryan: ‘If the Irish people are to elect people, who are we to say “We won’t talk to you’ – we need to respect the voters.’ Above, at the Irish Farm Centre last week. Photograph: Tom Honan for The Irish Times
Green Party leader Eamon Ryan has warned the major parties that anyone seeking to go into coalition with the Greens will need to seriously address Ireland's carbon emissions if they are to secure their support.
Mr Ryan said addressing climate change was “a red line issue” for the Green Party but, to date, none of the three larger parties appeared to be addressing the issue in a real and honest way.
"I have to say the climate change issue hasn't really featured much in public debate so far – when you look at the choice for change, Fine Gael have set their climate action plan for a 2 per cent reduction but that isn't ambitious enough.
"Fianna Fáil and Sinn Féin in their manifestos have just paid lip service to the idea of climate change. They say, 'Oh we're all interested in that subject' but they provide nothing to make the scale of the leap we need to make."
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Mr Ryan said that if the Green Party is returned with a significant number of TDs, it will insist that any potential coalition partner meets its demand to meet EU carbon emission reduction targets by 2030.
“If we’re in any sort of talks with anyone if people elect us in the numbers we hope, then we will be saying ‘Let’s be honest here now, a 7 per cent reduction in carbon emissions per year is needed’.
"That would involve a tripling or quadrupling of the current plan and with a 7 per cent reduction in emissions per annum that would get to about the 50 per cent reduction in emissions set by the European Union for 2030.
“That’s what the European Union is saying we have to do to avoid starting paying fines which could be €7 billion in the next decade and ramping up from there if we don’t meet those targets.”
Polling
Mr Ryan, who was speaking at a press conference attended by the party’s five candidates in the five Cork constituencies, said the Greens could win up to 15 seats if the polls are to be believed.
Cllr Liam Quaide is running for the Greens in Cork East, Cllr Oliver Moran in Cork North Central, Cllr Colette Finn in Cork North West, Cllr Lorna Bogue in Cork South Central and Bernie Connolly in Cork South West.
"I think if the polls are right and we're running at between 7 per cent and 10 per cent, if that turns up on Saturday, I think we could win up to 15 seats around the country and I think we should be looking for at least four of those in Munster.
“I think it’s absolutely doable – we are really well organised and we are united – our membership has doubled in the last year and we have a really top team of 39 people who are quality candidates from all walks of life.”
Asked whether he would have any difficulty going into coalition with Sinn Féin, Mr Ryan said he believed the climate change crisis facing Ireland was so huge that the Greens could not afford to engage in the politics of refusal.
“The scale of change we need to make on climate in two decades is so huge it changes everything – our energy system, our food system, our transport system, our waste system – what we have to do is beyond compare.
“We won’t achieve that if we play this as a divisive politics game, right versus left, rural versus urban or young versus old and that drives us to say we will work with all parties, we will work with whoever the people elect.
“We believe in this democratic constitutional republic and I believe in and stand by this State, warts and all, and if the Irish people are to elect people, who are we to say ‘We won’t talk to you’ – we need to respect the voters.”


theirishtimes--2020-02-03--Future government should look at options for Cork-Limerick motorway – Ryan

Green Party leader Eamon Ryan has said any future government should look at all four options for the Cork-Limerick motorway and if savings are to be made by choosing a shorter route , they should be invested in public transport .
Mr Ryan said that it made sense to look at all four options including three which incorporate the existing M8 which goes via Mitchelstown rather than automatically assuming a route via Mallow was the best solution .
Cork County Council has strongly backed the western option which would involve construction of a motorway around Mallow , Buttevant and Charleville @ @ @ @ @ @ @ a visit to Cork .
The Irish Times revealed last week that the original estimate for the cost of the Mallow-Charleville Route of €850-€900 million was from 2010 and that a more recent estimate would put the cost at €1.2 billion .
But Cork city based Green Party Cllr Oliver Moran said he believed utilising the existing M8 as far as Mitchelstown and then bringing a route north to link up with the Limerick-Waterford Road near Limerick would cost just 50per cent of that .
Mr Ryan said the next government should look @ @ @ @ @ @ @ choose a route via Mitchelstown , then the savings made on money allocated for the M20 should be ringfenced to improve public transport in Cork and Limerick .
Speaking in Cork where he held a press briefing with the party ’ s five Cork general election candidates , Mr Ryan said such savings could be invested in advancing a light rail system for Cork and improving cycle lane facilities .
“ I think the best option will probably be a connection to the M8 but I wouldn ’ t presuppose the outcome and @ @ @ @ @ @ @ and saves money , then I believe that money should be invested in public transport.
” “ Yes we need to improve Cork- Limerick and make sure towns like Charleville and Buttevant thrive as we do that but does it have to be a massive motorway coming into Blackpool where there are huge other transport difficulties ?
“ Could we use other options to divert the traffic away from Cork and not make the mistakes made in Dublin where it ’ s all about motorways approaching the city and you don ’ t @ @ @ @ @ @ @ it doesn ’ t work.
” Cllr Moran , who is running for the Green Party in Cork North Central , said that the Greens fully recognised that the N20 is inadequate and dangerous in places and requires major upgrades including a bypass of Charleville .
“ Given these problems including the need for a widening of the road , it is understandable that many commuters from Mallow and surrounding parts of north Cork would want a motorway there , ” he said But he accused Fine Gael of misleading the public into @ @ @ @ @ @ @ is “ shovel ready ” , when they know a new route selection process is underway and are considering different options .
“ Fine Gael are allowing the public to believe a plan that the Taoiseach rejected in 2011 , when he was Minister for Transport , is the sole plan right now – it ’ s cynical and unfair to the people who rely on this road to name it the ‘ M20 ’ .
” Speaking at a Fine Gael rally in Ballincollig on Friday night , Mr Varadkar committed the @ @ @ @ @ @ @ motorway to help improve connectivity between Cork and Limerick as a counterbalance to Dublin .

Green Party leader Eamon Ryan: ‘I think the best option will probably be a connection to the M8’. Photograph: Nick Bradshaw for The Irish Times
Green Party leader Eamon Ryan has said any future government should look at all four options for the Cork-Limerick motorway and if savings are to be made by choosing a shorter route, they should be invested in public transport.
Mr Ryan said that it made sense to look at all four options including three which incorporate the existing M8 which goes via Mitchelstown rather than automatically assuming a route via Mallow was the best solution.
Cork County Council has strongly backed the western option which would involve construction of a motorway around Mallow, Buttevant and Charleville but Mr Ryan was more circumspect during a visit to Cork.
The Irish Times revealed last week that the original estimate for the cost of the Mallow-Charleville Route of €850-€900 million was from 2010 and that a more recent estimate would put the cost at €1.2 billion.
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But Cork city based Green Party Cllr Oliver Moran said he believed utilising the existing M8 as far as Mitchelstown and then bringing a route north to link up with the Limerick-Waterford Road near Limerick would cost just 50per cent of that.
Mr Ryan said the next government should look at all options but if it did choose a route via Mitchelstown, then the savings made on money allocated for the M20 should be ringfenced to improve public transport in Cork and Limerick.
Speaking in Cork where he held a press briefing with the party’s five Cork general election candidates, Mr Ryan said such savings could be invested in advancing a light rail system for Cork and improving cycle lane facilities.
“I think the best option will probably be a connection to the M8 but I wouldn’t presuppose the outcome and if that option is the better outcome and saves money, then I believe that money should be invested in public transport.”
"Yes we need to improve Cork- Limerick and make sure towns like Charleville and Buttevant thrive as we do that but does it have to be a massive motorway coming into Blackpool where there are huge other transport difficulties?
“Could we use other options to divert the traffic away from Cork and not make the mistakes made in Dublin where it’s all about motorways approaching the city and you don’t have the internal public transport options – it doesn’t work.”
Cllr Moran, who is running for the Green Party in Cork North Central, said that the Greens fully recognised that the N20 is inadequate and dangerous in places and requires major upgrades including a bypass of Charleville.
“Given these problems including the need for a widening of the road, it is understandable that many commuters from Mallow and surrounding parts of north Cork would want a motorway there,” he said
But he accused Fine Gael of misleading the public into thinking that a motorway along the N20 is "shovel ready", when they know a new route selection process is underway and are considering different options.
“Fine Gael are allowing the public to believe a plan that the Taoiseach rejected in 2011, when he was Minister for Transport, is the sole plan right now – it’s cynical and unfair to the people who rely on this road to name it the ‘M20’.”
Speaking at a Fine Gael rally in Ballincollig on Friday night, Mr Varadkar committed the party to upgrading the N20 to a motorway to help improve connectivity between Cork and Limerick as a counterbalance to Dublin.


theirishtimes--2020-02-03--Teen who stabbed man protecting ‘most important person in his life’ – court

A teenager who stabbed his mother ’ s ex-boyfriend to death during a domestic row was trying to protect “ the most important person in his life ” , a barrister has told the Central Criminal Court .
Michael Bowman SC said his client Alexander Whelan “ sprang to his mother ’ s defence ” having previously seen the deceased Bruno Rolandi assault his mother .
He made a “ split second decision ” which counsel said has had tragic consequences for him and the Rolandi family .
The court heard that Mr Rolandi was a violent heroin-user and that @ @ @ @ @ @ @ alcoholic .
Alexander Whelan ( 19 ) had originally been charged with murdering Bruno Rolandi ( 56 ) at Green Road , Ballymoran , Edenderry , Co Offaly on November 19th , 2017 .
Mr Whelan , with an address at Green Road , Lumville , Edenderry pleaded guilty when a charge of manslaughter was put to him at the Central Criminal Court in November last year .
In victim impact statements read out by prosecution counsel Conor Devally SC on behalf of the deceased ’ s family they said they “ strongly @ @ @ @ @ @ @ Rolandi , who they said was a “ kind man ” and a good father .
They said they don ’ t want revenge , but ask for “ Irish justice to be done ” .
Det Sgt Caroline Lyng told Mr Devally that Alexander lived with his mother Mary and his older brother Victor .
His father died when he was two years old and his mother developed an “ on and off ” relationship with Mr Rolandi , an Italian national who lived in Ireland for many years .
There was @ @ @ @ @ @ @ she said , and the two brothers put this down to Mr Rolandi being there .
On the night in question Mr Rolandi became “ petulant ” during a row over a WiFi password and the accused , who was 17 at the time , saw Mr Rolandi “ pawing ” at his mother ’ s breasts .
He became upset and called Victor on the phone .
The two boys and their mother went to the kitchen and talked about telling Mr Rolandi that he should no longer live with them but @ @ @ @ @ @ @ was a “ kerfuffle ” between Victor and the deceased .
During the struggle Mr Rolandi , a “ heavier and more able person , ” “ laid hands ” on Victor .
Alexander then stabbed Mr Rolandi three times , the witness said .
One wound went to a depth of 23cm , damaged the heart and caused massive bleeding , leading to his death .
The family immediately alerted the emergency services and Alexander “ put his hands up ” .
The account he gave to gardaí , Det Sgt Lyng @ @ @ @ @ @ @ with accounts given by his mother and brother .
He pleaded guilty to manslaughter at the earliest opportunity and has no previous convictions , nor has he previously come to the attention of gardaí .
Despite being charged with the offence he “ struggled on ” to complete his Leaving Certificate and has since started working .
Det Sgt Lyng agreed with Michael Bowman SC for the defence that Victor called 999 that night immediately after the stabbing .
When emergency services arrived they found Alexander “ in a panic ” trying to @ @ @ @ @ @ @ “ undo the damage ” .
Mr Bowman handed a number of testimonials to Mr Justice Michael White including one from his school headmaster who said that in 34 years he “ can ’ t think of a student with a better temperament.
” He also pointed to psychological and probation reports which stated that the defendant is “ not quick to anger ” and does not act in violence or temper .
A number of witnesses had described his mother as “ the most important person in his life ” and Mr @ @ @ @ @ @ @ sprang to his mother ’ s defence ” .
He asked the judge to take into account Mr Whelan ’ s young age at the time of the offence and his good character and to consider a custodial sentence as an option of last resort .
Mr Justice White said he would sentence Mr Whelan on March 2nd .

A teenager who stabbed his mother’s ex-boyfriend to death during a domestic row was trying to protect “the most important person in his life”, a barrister has told the Central Criminal Court.
Michael Bowman SC said his client Alexander Whelan “sprang to his mother’s defence” having previously seen the deceased Bruno Rolandi assault his mother. He made a “split second decision” which counsel said has had tragic consequences for him and the Rolandi family. The court heard that Mr Rolandi was a violent heroin-user and that a former partner described him as an alcoholic. Alexander Whelan (19) had originally been charged with murdering Bruno Rolandi (56) at Green Road, Ballymoran, Edenderry, Co Offaly on November 19th, 2017.
Mr Whelan, with an address at Green Road, Lumville, Edenderry pleaded guilty when a charge of manslaughter was put to him at the Central Criminal Court in November last year.
In victim impact statements read out by prosecution counsel Conor Devally SC on behalf of the deceased’s family they said they “strongly disagree” with the description of Mr Rolandi, who they said was a “kind man” and a good father. They said they don’t want revenge, but ask for “Irish justice to be done”.
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Det Sgt Caroline Lyng told Mr Devally that Alexander lived with his mother Mary and his older brother Victor. His father died when he was two years old and his mother developed an “on and off” relationship with Mr Rolandi, an Italian national who lived in Ireland for many years. There was “tension” in the house, she said, and the two brothers put this down to Mr Rolandi being there.
On the night in question Mr Rolandi became “petulant” during a row over a WiFi password and the accused, who was 17 at the time, saw Mr Rolandi “pawing” at his mother’s breasts. He became upset and called Victor on the phone. The two boys and their mother went to the kitchen and talked about telling Mr Rolandi that he should no longer live with them but he came into the kitchen and there was a “kerfuffle” between Victor and the deceased. During the struggle Mr Rolandi, a “heavier and more able person,” “laid hands” on Victor. Alexander then stabbed Mr Rolandi three times, the witness said.
One wound went to a depth of 23cm, damaged the heart and caused massive bleeding, leading to his death. The family immediately alerted the emergency services and Alexander “put his hands up”. The account he gave to gardaí, Det Sgt Lyng said, accorded with the evidence and with accounts given by his mother and brother. He pleaded guilty to manslaughter at the earliest opportunity and has no previous convictions, nor has he previously come to the attention of gardaí.
Despite being charged with the offence he “struggled on” to complete his Leaving Certificate and has since started working.
Det Sgt Lyng agreed with Michael Bowman SC for the defence that Victor called 999 that night immediately after the stabbing. When emergency services arrived they found Alexander “in a panic” trying to stop the bleeding in a bid to “undo the damage”.
Mr Bowman handed a number of testimonials to Mr Justice Michael White including one from his school headmaster who said that in 34 years he “can’t think of a student with a better temperament.” He also pointed to psychological and probation reports which stated that the defendant is “not quick to anger” and does not act in violence or temper. A number of witnesses had described his mother as “the most important person in his life” and Mr Bowman said he felt “overwhelmed and sprang to his mother’s defence”.
He asked the judge to take into account Mr Whelan’s young age at the time of the offence and his good character and to consider a custodial sentence as an option of last resort. Mr Justice White said he would sentence Mr Whelan on March 2nd.


theirishtimes--2020-02-03--Cocaine: ‘It’s not snowing in Galway, there is a blizzard’, meeting told

A HSE addiction specialist has described the drug problem in Galway as the worst he had seen in his 28 years working in addiction services in Ireland , the UK and Australia .
Speaking about the use of cocaine at a Co Galway Joint Policing Committee ( JPC ) meeting on Monday , HSE clinical specialist in addiction Joe Treacy , said “ it ’ s not snowing in Galway , there is a blizzard ” .
He said recent screenings of drug users in the county revealed cocaine with a potency of up to 94 per cent and a @ @ @ @ @ @ @ levels of THC ( the main psychoactive compound in the drug ) .
The JPC ’ s Crime Prevention and Personal Safety subcommittee recommended Galway County Council and local gardaí examine the possibility of introducing random drug tests in schools .
Chairperson of this subcommittee , Cllr Michael Maher ( Fine Gael ) , said later random drug tests could not be introduced into schools without the cooperation of school principals and parents .
He said he believes there is an appetite amongst teaching staff and parents to tackle this issue .
The @ @ @ @ @ @ @ forward proposals for a pilot drug testing programme through the Galway Roscommon Education Training Board ( GRETB ) , of which he is chairman , in coming months .
“ This is something that we could start through GRETB on a pilot basis and then bring it to Education and Training Board Ireland and see could we make this into a national thing , ” he said .
“ I ’ m sure that hundreds of parents out there would not mind their children being tested for drugs .
I think 95 per @ @ @ @ @ @ @ go ahead ” .
Speaking on the proposal to introduce random drug tests in schools , Cllr James Charity ( Independent ) said any move in this direction would be unconstitutional .
“ It is an infringement on civil liberties .
There is an assumption that someone is guilty until proven innocent .
If we start going into schools , where do you stop ?
Do we start going into workplaces ?
” he asked .
“ As things stand at the roadside , you [ a Garda ] need to have a @ @ @ @ @ @ @ .
I think a proposal [ for drug testing in schools ] would be unconstitutional.
” Addressing the extent of the drug problem Mr Treacy said : “ It is not snowing in Galway , there is a blizzard .
The purity of the cocaine we are seeing here is very high , it ’ s 93 or 94 per cent .
It costs just €15 to €20 for a screening test .
“ If we drug tested everybody on a Monday morning , we would have a lot of red faces .
@ @ @ @ @ @ @ at the moment .
I don ’ t know of any village or small townland that drugs have not invaded .
“ I ’ ve been working in this area for 28 years and [ the drug problem in ] Galway is the worst I have ever seen .
It is quite shocking .
The level of criminality , the level of drug abuse , it ’ s very shocking .
There will be a lost generation if we don ’ t engage with this as quickly as possible .
The proliferation and @ @ @ @ @ @ @ as bad .
”

The Joint Policing Committee heard a call for Galway County Council and local gardaí to examine the possibility of introducing random drug tests in schools. Photograph: iStock
A HSE addiction specialist has described the drug problem in Galway as the worst he had seen in his 28 years working in addiction services in Ireland, the UK and Australia.
Speaking about the use of cocaine at a Co Galway Joint Policing Committee (JPC) meeting on Monday, HSE clinical specialist in addiction Joe Treacy, said "it's not snowing in Galway, there is a blizzard".
He said recent screenings of drug users in the county revealed cocaine with a potency of up to 94 per cent and a strain of Moroccan cannabis with previously unseen levels of THC (the main psychoactive compound in the drug).
The JPC's Crime Prevention and Personal Safety subcommittee recommended Galway County Council and local gardaí examine the possibility of introducing random drug tests in schools.
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Chairperson of this subcommittee, Cllr Michael Maher (Fine Gael), said later random drug tests could not be introduced into schools without the cooperation of school principals and parents.
He said he believes there is an appetite amongst teaching staff and parents to tackle this issue. The Loughrea councillor said he plans to bring forward proposals for a pilot drug testing programme through the Galway Roscommon Education Training Board (GRETB), of which he is chairman, in coming months.
“This is something that we could start through GRETB on a pilot basis and then bring it to Education and Training Board Ireland and see could we make this into a national thing,” he said.
“I’m sure that hundreds of parents out there would not mind their children being tested for drugs. I think 95 per cent of parents would allow this to go ahead”.
Speaking on the proposal to introduce random drug tests in schools, Cllr James Charity (Independent) said any move in this direction would be unconstitutional.
“It is an infringement on civil liberties. There is an assumption that someone is guilty until proven innocent. If we start going into schools, where do you stop? Do we start going into workplaces?” he asked.
“As things stand at the roadside, you [a Garda] need to have a genuine suspicion before conducting a drug test. I think a proposal [for drug testing in schools] would be unconstitutional.”
Addressing the extent of the drug problem Mr Treacy said: “It is not snowing in Galway, there is a blizzard. The purity of the cocaine we are seeing here is very high, it’s 93 or 94 per cent. It costs just €15 to €20 for a screening test.
“If we drug tested everybody on a Monday morning, we would have a lot of red faces. It is so easy to access drugs at the moment. I don’t know of any village or small townland that drugs have not invaded.
“I’ve been working in this area for 28 years and [the drug problem in] Galway is the worst I have ever seen. It is quite shocking. The level of criminality, the level of drug abuse, it’s very shocking. There will be a lost generation if we don’t engage with this as quickly as possible. The proliferation and the availability of drugs has never been as bad.”


theirishtimes--2020-02-03--Man sentenced to 12 years for rape of daughter with special needs

A Tipperary man has been sentenced to 12 years in prison for raping and sexually assaulting his special needs daughter in their family home .
The 56-year-old man , who can not be named to protect the identity of his now 30-year-old daughter was convicted by a Central Criminal Court jury last July .
The court heard that the man twice raped his daughter in her bedroom when she was 22 years old after he asked her if she loved him or her mother more .
He sexually assaulted her on that same occasion .
He also sexually assaulted her @ @ @ @ @ @ @ him when she was 13 or 14 years old and while she was sleeping in the same bed as her friend .
He was convicted on five charges including rape , oral rape and sexual assaults on dates between January 2003 and December 2004 and on a separate occasion in January 2011 .
He had denied the charges .
His two previous convictions are for assault and road traffic offences .
Ms Justice Eileen Creedon said the man still “ steadfastly ” denies the allegations and the fact that he has not accepted @ @ @ @ @ @ @ he has never acknowledged the hurt he caused his daughter .
The court heard during the trial that the woman withdrew some of the allegations having disclosed the rape to gardaí in 2011 but she claimed her father put her under pressure to do that .
Following her complaint to gardaí , the HSE instigated an investigation but the woman told a psychologist during this process that she had made up the allegations because she was cross with her father after he had taken her phone away .
The woman told the jury @ @ @ @ @ @ @ this to the psychologist because her father told her to say it and she was concerned her younger siblings would be taken away because of the rape claims .
On Monday Ms Justice Creedon noted that the man claimed his daughter ’ s motivation to make up false allegations was “ revenge and jealousy ” .
She said he could not benefit from mitigation that may have been afforded to him had he accepted the jury ’ s verdict and added that in “ light of his denial ” a probation report concluded @ @ @ @ @ @ @ his “ sexual offending ” .
The judge said the rapes occurred in the woman ’ s family home where she should have felt safe .
She added that his offending was a violation of his daughter and represented a gross breach of trust .
Ms Justice Creedon registered the man a sex offender and suspended the final year of the 12 year sentence on strict conditions .
The man had initially pleaded not guilty to 32 counts of various sexual offences .
Following legal submissions during the trial the judge directed the @ @ @ @ @ @ @ on 17 counts following legal submissions .
The jury acquitted him on a further 10 counts following deliberations .
In her victim impact statement , the woman , who gave evidence via video link during the trial , said she felt “ weird , upset and angry all the time ” .
“ I used to feel safe in my home but then I didn ’ t feel safe any more , ” the woman said , adding that the rapes affected her emotionally and physically and that she felt anxious , depressed @ @ @ @ @ @ @ to talk to .
I felt so alone growing up .
I was too afraid and couldn ’ t talk to anyone .
I always had to lie and say I was fine .
It made me angry that nobody saw what he was doing to me , ” the woman said .

Ms Justice Eileen Creedon said the man still “steadfastly” denies the allegations and the fact that he has not accepted the jury’s verdict means that he has never acknowledged the hurt he caused his daughter. Photograph: Alan Betson / THE IRISH TIMES
A Tipperary man has been sentenced to 12 years in prison for raping and sexually assaulting his special needs daughter in their family home.
The 56-year-old man, who cannot be named to protect the identity of his now 30-year-old daughter was convicted by a Central Criminal Court jury last July.
The court heard that the man twice raped his daughter in her bedroom when she was 22 years old after he asked her if she loved him or her mother more. He sexually assaulted her on that same occasion.
He also sexually assaulted her and made her perform oral sex on him when she was 13 or 14 years old and while she was sleeping in the same bed as her friend.
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He was convicted on five charges including rape, oral rape and sexual assaults on dates between January 2003 and December 2004 and on a separate occasion in January 2011. He had denied the charges.
His two previous convictions are for assault and road traffic offences.
Ms Justice Eileen Creedon said the man still “steadfastly” denies the allegations and the fact that he has not accepted the jury’s verdict means that he has never acknowledged the hurt he caused his daughter.
The court heard during the trial that the woman withdrew some of the allegations having disclosed the rape to gardaí in 2011 but she claimed her father put her under pressure to do that.
Following her complaint to gardaí, the HSE instigated an investigation but the woman told a psychologist during this process that she had made up the allegations because she was cross with her father after he had taken her phone away.
The woman told the jury during the trial that she had said this to the psychologist because her father told her to say it and she was concerned her younger siblings would be taken away because of the rape claims.
On Monday Ms Justice Creedon noted that the man claimed his daughter’s motivation to make up false allegations was “revenge and jealousy”.
She said he could not benefit from mitigation that may have been afforded to him had he accepted the jury’s verdict and added that in “light of his denial” a probation report concluded that he was not interested in addressing his “sexual offending”.
The judge said the rapes occurred in the woman’s family home where she should have felt safe. She added that his offending was a violation of his daughter and represented a gross breach of trust.
Ms Justice Creedon registered the man a sex offender and suspended the final year of the 12 year sentence on strict conditions.
The man had initially pleaded not guilty to 32 counts of various sexual offences. Following legal submissions during the trial the judge directed the jury to find the man not guilty on 17 counts following legal submissions. The jury acquitted him on a further 10 counts following deliberations.
In her victim impact statement, the woman, who gave evidence via video link during the trial, said she felt “weird, upset and angry all the time”.
“I used to feel safe in my home but then I didn’t feel safe any more,” the woman said, adding that the rapes affected her emotionally and physically and that she felt anxious, depressed and suicidal.
“I had nobody to talk to. I felt so alone growing up. I was too afraid and couldn’t talk to anyone. I always had to lie and say I was fine. It made me angry that nobody saw what he was doing to me,” the woman said.


theirishtimes--2020-02-03--Judge orders anorexic woman at risk of malnutrition and death to be tube fed

The HSE has secured court orders permitting the tube feeding and hospital detention of a woman with anorexia nervosa said to be at serious risk of malnutrition and death .
The president of the High Court , Mr Justice Peter Kelly , said he was satisfied the orders are necessary having regard to the serious risk to the woman ’ s health and life .
An independent medical doctor is to assess the woman in the context of an inquiry as to whether she should be made a ward of court and the judge appointed a guardian at litem to @ @ @ @ @ @ @ A date for the inquiry will be fixed later .
The various orders were sought on an ex parte basis on Monday by Patricia Hill SC , for the HSE .
Counsel said the woman , aged in her 50s , has a history of anorexia , schizoid personality traits and other conditions .
She was admitted to hospital in December and readmitted in early January with a weight of 36.2kgs , representing a loss of some 10kgs on her weight on discharge the previous month .
She had stopped her medication , @ @ @ @ @ @ @ her exercise .
Ms Hill said the HSE had no information about the woman ’ s family circumstances but the guardian might be able to establish those .
In an affidavit , her treating psychiatrist said she had refused necessary medications and vitamin supplements following this latest admission and her weight has fallen further , necessitating her transfer to a medical ward .
Although she had shown a very slight weight gain since her transfer to the medical ward , she remained at serious risk of malnutrition , metabolic failure and death , @ @ @ @ @ @ @ believed , was necessary , ideally within days , to protect her health and life .
She lacks insight , denying there is any problem with her weight , he added .
In his view , she lacked capacity to make decisions about her welfare and requires court protection to ensure her safety .
Granting the orders , Mr Justice Kelly said the medical evidence was , although the woman has shown a slight weight gain since her move to the medical ward , her weight remains inadequate and she is at serious @ @ @ @ @ @ @ oral intake can be placed at safe levels .

The president of the High Court, Mr Justice Peter Kelly, said he was satisfied the orders are necessary having regard to the serious risk to the woman’s health and life. Photograph: Collins
The HSE has secured court orders permitting the tube feeding and hospital detention of a woman with anorexia nervosa said to be at serious risk of malnutrition and death.
The president of the High Court, Mr Justice Peter Kelly, said he was satisfied the orders are necessary having regard to the serious risk to the woman's health and life.
An independent medical doctor is to assess the woman in the context of an inquiry as to whether she should be made a ward of court and the judge appointed a guardian at litem to represent her interests in that regard. A date for the inquiry will be fixed later.
The various orders were sought on an ex parte basis on Monday by Patricia Hill SC, for the HSE.
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Counsel said the woman, aged in her 50s, has a history of anorexia, schizoid personality traits and other conditions.
She was admitted to hospital in December and readmitted in early January with a weight of 36.2kgs, representing a loss of some 10kgs on her weight on discharge the previous month. She had stopped her medication, severely restricted her dietary intake and increased her exercise.
Ms Hill said the HSE had no information about the woman’s family circumstances but the guardian might be able to establish those.
In an affidavit, her treating psychiatrist said she had refused necessary medications and vitamin supplements following this latest admission and her weight has fallen further, necessitating her transfer to a medical ward.
Although she had shown a very slight weight gain since her transfer to the medical ward, she remained at serious risk of malnutrition, metabolic failure and death, he said.
Naso-gastric feeding, he believed, was necessary, ideally within days, to protect her health and life.
She lacks insight, denying there is any problem with her weight, he added. In his view, she lacked capacity to make decisions about her welfare and requires court protection to ensure her safety.
Granting the orders, Mr Justice Kelly said the medical evidence was, although the woman has shown a slight weight gain since her move to the medical ward, her weight remains inadequate and she is at serious risk of malnutrition and death unless her oral intake can be placed at safe levels.


theirishtimes--2020-02-03--Garda who served on Border during Troubles awarded €25,000 over attack

Distinguished service along the Border during the Troubles followed a garda sergeant into retirement and had resulted in a brutal malicious attack on him at his home two years after he had left the force , a judge heard today .
Barrister Frank Crean told Ms Justice Eileen Creedon in a compensation claim that the son of a man who Garda Sergeant Hugh Smith had arrested 15 years prior to his retirement had turned up in September 2006 at the guesthouse he and his wife ran outside Letterkenny , Co Donegal .
With his finger pressed continuously on the buzzer @ @ @ @ @ @ @ Smith had identified himself before viciously head-butting him in the face , knocking him unconscious , the High Court judge was told .
Mr Smith , now aged 65 , said he had been sitting in a room at the back of the guesthouse when the buzzer rang and he had gone to answer it .
He had been asked if he was Hugh Smith , and when he said yes he had been attacked .
He believed the incident had been associated with the arrest by him of his assailant ’ s @ @ @ @ @ @ @ been taken completely by surprise in the 2006 attack and had been unable to defend himself .
Mr Smith said he had been brought by ambulance to hospital and treated but had been so concerned for the safety of his family had insisted in being allowed home that night despite staff having wanted to detain him for observation .
He told Mr Crean , who appeared with Reddy Charlton Solicitors , that his face had been badly bruised and he had suffered for a short time with back pain .
He now considered @ @ @ @ @ @ @ Judge Creedon , awarding Mr Smith damages totalling €25,463 , said he had suffered back and psychological injuries as a result of the attack .
Mr Smith had told the court that he also suffered from nightmares and sleep loss following the attack and had spent several thousand euro on installing CCTV and security lighting at his guesthouse home .
His attacker had been charged with assault and dealt with in the criminal courts .

Distinguished service along the Border during the Troubles followed a garda sergeant into retirement and had resulted in a brutal malicious attack on him at his home two years after he had left the force, a judge heard today.
Barrister Frank Crean told Ms Justice Eileen Creedon in a compensation claim that the son of a man who Garda Sergeant Hugh Smith had arrested 15 years prior to his retirement had turned up in September 2006 at the guesthouse he and his wife ran outside Letterkenny, Co Donegal.
With his finger pressed continuously on the buzzer in reception the man had waited until Smith had identified himself before viciously head-butting him in the face, knocking him unconscious, the High Court judge was told.
Mr Smith, now aged 65, said he had been sitting in a room at the back of the guesthouse when the buzzer rang and he had gone to answer it. He had been asked if he was Hugh Smith, and when he said yes he had been attacked.
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He believed the incident had been associated with the arrest by him of his assailant’s father in November 1987. He had been taken completely by surprise in the 2006 attack and had been unable to defend himself.
Mr Smith said he had been brought by ambulance to hospital and treated but had been so concerned for the safety of his family had insisted in being allowed home that night despite staff having wanted to detain him for observation.
He told Mr Crean, who appeared with Reddy Charlton Solicitors, that his face had been badly bruised and he had suffered for a short time with back pain. He now considered himself to be in full health.
Judge Creedon, awarding Mr Smith damages totalling €25,463, said he had suffered back and psychological injuries as a result of the attack.
Mr Smith had told the court that he also suffered from nightmares and sleep loss following the attack and had spent several thousand euro on installing CCTV and security lighting at his guesthouse home.
His attacker had been charged with assault and dealt with in the criminal courts.


theirishtimes--2020-02-03--Possible 4000-year-old crannóg site discovered in Connemara

An archaeologist has said a site recently discovered in Connemara , Co Galway may have been a crannóg dating back over 4,000 years .
Michael Gibbons said the site by the sea appeared to show signs it was a previous dwelling .
“ There may have been a lake here in the Bronze Age .
.
.
There are crannóga around here , further west , so people lived here , ” he said .
A crannóg is a round dwelling built on a lake , typically found in marsh areas .
Mr Gibbons said it would be very rare @ @ @ @ @ @ @ dwelling along the coast , due to the impact of rising sea levels over the centuries .
Mr Gibbons , who previously worked as an archaeologist for the Office of Public Works , said the possible dwelling could date between 4,000 and 6,000 years old .
Details of the archaeological find on the coastal location near Spiddal , Connemara , was first reported by RTÉ Raidió na Gaeltachta .
The site was discovered by a local man Jimmy Ó Céide while he was out walking by the sea after Storm Brendan .
“ @ @ @ @ @ @ @ It amazes me that a site of such interest is here , not far at all from the other one further west in An Liopa .
They are not common in this part of the country , or indeed anywhere in Ireland , ” Mr Gibbons said .
At “ first glance ” the wooden structure appeared to be a “ crannóg type ” dwelling , he said .
The structure appeared to be wider than a bog road but needed to be excavated and examined further , he said .
“ Sometimes @ @ @ @ @ @ @ in the middle of the county , around Ballinasloe .
it may be a bog road , but I think it ’ s more likely to be a dwelling place , ” he said .
The underwater unit of the National Monuments Service had been informed of the find and planned to visit the site in the coming weeks to investigate , Mr Gibbons said .
A Department of Culture and Heritage spokeswoman confirmed the location would be inspected , but said the “ National Monuments Service can not speculate on the nature @ @ @ @ @ @ @ that inspection has been made ” .

A view of the archaeological site discovered at Liopa Thoir in Co Galway
An archaeologist has said a site recently discovered in Connemara, Co Galway may have been a crannóg dating back over 4,000 years.
Michael Gibbons said the site by the sea appeared to show signs it was a previous dwelling. “There may have been a lake here in the Bronze Age . . . There are crannóga around here, further west, so people lived here,” he said.
A crannóg is a round dwelling built on a lake, typically found in marsh areas. Mr Gibbons said it would be very rare to find the remains of such a dwelling along the coast, due to the impact of rising sea levels over the centuries.
Mr Gibbons, who previously worked as an archaeologist for the Office of Public Works, said the possible dwelling could date between 4,000 and 6,000 years old.
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Details of the archaeological find on the coastal location near Spiddal, Connemara, was first reported by RTÉ Raidió na Gaeltachta.
The site was discovered by a local man Jimmy Ó Céide while he was out walking by the sea after Storm Brendan.
A close-up of the possible crannóg, which is a type of round dwelling built on a lake, typically found in marsh areas
“This is a very important site. It amazes me that a site of such interest is here, not far at all from the other one further west in An Liopa. They are not common in this part of the country, or indeed anywhere in Ireland,” Mr Gibbons said.
At “first glance” the wooden structure appeared to be a “crannóg type” dwelling, he said.
The structure appeared to be wider than a bog road but needed to be excavated and examined further, he said. "Sometimes you find a bog road like this in the middle of the county, around Ballinasloe. it may be a bog road, but I think it's more likely to be a dwelling place," he said.
The underwater unit of the National Monuments Service had been informed of the find and planned to visit the site in the coming weeks to investigate, Mr Gibbons said.
A Department of Culture and Heritage spokeswoman confirmed the location would be inspected, but said the “National Monuments Service cannot speculate on the nature of the site or any significance until that inspection has been made”.


theirishtimes--2020-02-03--Court finds Liam Brannigan guilty of conspiracy to murder Gary Hanley

The Special Criminal Court has found a 37-year-old man guilty of being at the “ centre of the wheel ” of a Kinahan cartel plot to gun down Dublin man Gary Hanley .
Liam Brannigan ( 37 ) from Bride Street , Dublin 8 , was on Monday convicted of conspiring to murder Mr Hanley at a location within the State between September 15th and November 6th , 2017 .
Brannigan had pleaded not guilty .
Mr Justice Paul Coffey said the evidence against Brannigan derived from four areas , including covert audio recordings from several cars bugged by gardaí @ @ @ @ @ @ @ van just 500 yards from Mr Hanley ’ s home on the night of November 6th , 2017 , when two men , Joseph Kelly and Luke Wilson , were found with a loaded semi-automatic pistol .
The evidence also included phone data extracted from the co-conspirators ’ phones and the “ interconnectivity ” of these phones ; sightings of the men by gardaí ; and a montage of CCTV footage showing their movements , he said .
Four men , Joseph Kelly , Luke Wilson , Alan Wilson and Dean Howe , @ @ @ @ @ @ @ same offence .
Brannigan , who appeared in court on Monday , nodded when Mr Justice Paul Coffey finished reading out his verdict .
Luke Wilson ( 24 ) , from Cremona Road in Ballyfermot , Dublin , and Joseph Kelly ( 35 ) of Kilworth Road , Drimnagh , Dublin 12 , were stopped by armed gardaí just after 8pm on November 6th , 2017 , after their bugged Volkswagen caddy was stopped on Philipsburgh Avenue .
Mr Justice Coffey , reading his judgment , said almost immediately after the men were @ @ @ @ @ @ @ an audio recording , saying “ It ’ s the old bill , we ’ re set up , we ’ re set up ” .
The court previously heard that during that arrest , gardaí seized a 9mm Beretta semi-automatic pistol , a silencer , 15 rounds of 9mm ammunition , several phones , a rucksack and a container of petrol .
Moments before their arrest , Kelly and Wilson had collected the rucksack containing the gun , silencer and ammunition from a cyclist whom they met in a Lidl car park @ @ @ @ @ @ @ The court heard that , before collecting the gun , Kelly took directions about where to collect the weapon during phone calls with a phone referred to as PB3 .
The user of the PB3 phone was previously referred to as “ Mr PB3 ” by the prosecution .
Mr Justice Coffey said , at one point , Kelly relayed a conversation he had with Mr PB3 to Luke Wilson , telling Wilson there was a “ set of apartments ” nearby and “ he ’ s going to get yer man to @ @ @ @ @ @ @ the court heard , was moments before they collected the gun from the cyclist .
It also heard that Mr PB3 had shared numerous phone calls with phones attributed to Luke Wilson , Joseph Kelly and Alan Wilson on the night of November 6th , 2017 , and that Mr PB3 sought numerous “ progress reports ” from the men at a “ critical phase of the conspiracy ” .
Mr Justice Coffey said there was “ no doubt ” that Mr PB3 “ had an agreement ” with the other men to @ @ @ @ @ @ @ ’ s clear Mr PB3 had a “ central role ” in the management and operation of the kill plot .
The court previously saw CCTV footage of Brannigan ’ s arrest at Hanover Court , Dublin 8 , on November 6th , 2017 , less than 20 minutes after the arrest of Luke Wilson and Joseph Kelly .
It heard the CCTV footage showed Brannigan throwing “ an illuminated item ” into the air seconds before his arrest .
On Monday , Mr Justice Coffey said it was “ overwhelmingly probable ” @ @ @ @ @ @ @ PB3 phone and that he discarded it “ because he was the person who used it ” to speak with his co-conspirators in the Volkswagen caddy that night .
He said it was an “ attempt to discard incriminating evidence before he was apprehended by gardaí ” .
Seán Gillane SC , for the State , previously told the court the PB3 phone put Brannigan at the “ centre of the wheel ” of the kill plot .
Luke Wilson , Joseph Kelly and Alan Wilson ( 39 ) of New Street Gardens @ @ @ @ @ @ @ .
Dean Howe ( 34 ) of Oakfield , Dublin 8 , will be sentenced on March 3rd .
Luke Wilson , who also pleaded guilty to unlawful possession of a Beretta , was jailed for 11 years ; Alan Wilson was given six years and Joseph Kelly , who also admitted a weapons charge , was jailed for 12 years .
Brannigan will be sentenced on February 24th .

Mr Justice Paul Coffey said the evidence against Brannigan derived from four areas, including covert audio recordings from several cars bugged by gardaí. Photograph: Matt Kavanagh
The Special Criminal Court has found a 37-year-old man guilty of being at the “centre of the wheel” of a Kinahan cartel plot to gun down Dublin man Gary Hanley.
Liam Brannigan (37) from Bride Street, Dublin 8, was on Monday convicted of conspiring to murder Mr Hanley at a location within the State between September 15th and November 6th, 2017. Brannigan had pleaded not guilty.
Mr Justice Paul Coffey said the evidence against Brannigan derived from four areas, including covert audio recordings from several cars bugged by gardaí. Armed gardaí intercepted a Volkswagen caddy van just 500 yards from Mr Hanley’s home on the night of November 6th, 2017, when two men, Joseph Kelly and Luke Wilson, were found with a loaded semi-automatic pistol.
The evidence also included phone data extracted from the co-conspirators’ phones and the “interconnectivity” of these phones; sightings of the men by gardaí; and a montage of CCTV footage showing their movements, he said.
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Four men, Joseph Kelly, Luke Wilson, Alan Wilson and Dean Howe, have previously all pleaded guilty to the same offence. Brannigan, who appeared in court on Monday, nodded when Mr Justice Paul Coffey finished reading out his verdict.
Luke Wilson (24), from Cremona Road in Ballyfermot, Dublin, and Joseph Kelly (35) of Kilworth Road, Drimnagh, Dublin 12, were stopped by armed gardaí just after 8pm on November 6th, 2017, after their bugged Volkswagen caddy was stopped on Philipsburgh Avenue.
Mr Justice Coffey, reading his judgment, said almost immediately after the men were stopped, they could be heard on an audio recording, saying “It’s the old bill, we’re set up, we’re set up”.
The court previously heard that during that arrest, gardaí seized a 9mm Beretta semi-automatic pistol, a silencer, 15 rounds of 9mm ammunition, several phones, a rucksack and a container of petrol.
Moments before their arrest, Kelly and Wilson had collected the rucksack containing the gun, silencer and ammunition from a cyclist whom they met in a Lidl car park in Glasnevin, the court heard.
The court heard that, before collecting the gun, Kelly took directions about where to collect the weapon during phone calls with a phone referred to as PB3. The user of the PB3 phone was previously referred to as “Mr PB3” by the prosecution.
Mr Justice Coffey said, at one point, Kelly relayed a conversation he had with Mr PB3 to Luke Wilson, telling Wilson there was a “set of apartments” nearby and “he’s going to get yer man to walk down”. This conversation, the court heard, was moments before they collected the gun from the cyclist.
It also heard that Mr PB3 had shared numerous phone calls with phones attributed to Luke Wilson, Joseph Kelly and Alan Wilson on the night of November 6th, 2017, and that Mr PB3 sought numerous “progress reports” from the men at a “critical phase of the conspiracy”.
Mr Justice Coffey said there was “no doubt” that Mr PB3 “had an agreement” with the other men to murder Gary Hanley. He said it’s clear Mr PB3 had a “central role” in the management and operation of the kill plot.
The court previously saw CCTV footage of Brannigan’s arrest at Hanover Court, Dublin 8, on November 6th, 2017, less than 20 minutes after the arrest of Luke Wilson and Joseph Kelly. It heard the CCTV footage showed Brannigan throwing “an illuminated item” into the air seconds before his arrest.
On Monday, Mr Justice Coffey said it was “overwhelmingly probable” that the object Brannigan threw was the PB3 phone and that he discarded it “because he was the person who used it” to speak with his co-conspirators in the Volkswagen caddy that night. He said it was an “attempt to discard incriminating evidence before he was apprehended by gardaí”.
Seán Gillane SC, for the State, previously told the court the PB3 phone put Brannigan at the “centre of the wheel” of the kill plot.
Luke Wilson, Joseph Kelly and Alan Wilson (39) of New Street Gardens, Dublin 8 have all been jailed. Dean Howe (34) of Oakfield, Dublin 8, will be sentenced on March 3rd.
Luke Wilson, who also pleaded guilty to unlawful possession of a Beretta, was jailed for 11 years; Alan Wilson was given six years and Joseph Kelly, who also admitted a weapons charge, was jailed for 12 years. Brannigan will be sentenced on February 24th.


theirishtimes--2020-02-03--Man’s jail term for rape of six-year-old 40 years ago more than doubled by court

A former farm labourer has had his jail term for brutally raping a six-year-old girl 40 years ago more than doubled by the Court of Appeal .
Dan Flynn , a Co Tipperary resident , was 36-years-old when he grabbed the six-year-old girl and threw her onto his bed , telling her “ I have got you now.
” He raped the child and stepped over her as she lay on the ground .
“ As if I was nothing , ” the victim said .
Flynn , who lived with his late mother at the time , pleaded guilty @ @ @ @ @ @ @ the child at his home on a date in 1979 .
His guilty plea was entered at the “ eleventh hour ” on the Friday before his trial was due to begin .
He now suffers from Parkinson ’ s disease and requires a mobility aid , which Mr Justice Michael White considered when he sentenced him to six years ’ imprisonment with the final four suspended on May 13th , 2019 .
The woman , now a married mother of children , told the Central Criminal Court that Flynn was a “ @ @ @ @ @ @ @ was afraid of as a child .
“ It makes me very angry that it was covered up and nothing was done , ” she told the court .
“ There was nothing wrong with Dan Flynn when he sexually assaulted me all those years ago , ” she said .
Flynn ’ s sentence was found to be “ unduly lenient ” by the Court of Appeal following an appeal by the Director of Public Prosecutions .
President of the Court of Appeal Mr Justice George Birmingham said the three-judge court was @ @ @ @ @ @ @ .
A considered judgment with reasons for the court ’ s decision would be delivered at a later date but it was “ fair to all concerned ” to indicate the court ’ s conclusion on Monday , the judge said .
Counsel for the DPP , Michael Bowman SC , said two years in jail did not “ come close to reflecting the gravity ” of the offence .
He said the rape involved a troubling level of brutality and degradation , and the “ ripple effects ” had been felt in @ @ @ @ @ @ @ s life 40 years after the event .
Mr Bowman submitted that the sentencing judge afforded too much weight to Flynn ’ s medical issues , which were “ pithily ” explained by a list of the medication he had been prescribed together with a four-line statement of fact that he had Parkinson ’ s .
Flynn appeared before the court in a wheelchair , and was accompanied to court from prison by carers .
Citing the victim impact report , Mr Bowman said Flynn had no physical difficulty and knew right from @ @ @ @ @ @ @ as a 36-year-old man .
He added that too much credit was given for Flynn ’ s guilty plea , which was entered at the “ eleventh hour ” on the Friday before his trial was due to begin .
Outlining the court ’ s decision , Mr Justice Birmingham the sentencing court ought to have set the headline sentence at 12 years , and there was scope for reducing that to nine years having regard to Flynn ’ s guilty plea and other mitigating factors .
A further reduction would have been @ @ @ @ @ @ @ age and medical situation .
Mr Justice Birmingham said Flynn ’ s new five-year sentence incorporated the disappointment of having a sentence increased , as is usual in DPP appeals .

A former farm labourer has had his jail term for brutally raping a six-year-old girl 40 years ago more than doubled by the Court of Appeal.
Dan Flynn, a Co Tipperary resident, was 36-years-old when he grabbed the six-year-old girl and threw her onto his bed, telling her “I have got you now.” He raped the child and stepped over her as she lay on the ground. “As if I was nothing,” the victim said.
Flynn, who lived with his late mother at the time, pleaded guilty at the Central Criminal Court to raping the child at his home on a date in 1979. His guilty plea was entered at the “eleventh hour” on the Friday before his trial was due to begin.
He now suffers from Parkinson’s disease and requires a mobility aid, which Mr Justice Michael White considered when he sentenced him to six years’ imprisonment with the final four suspended on May 13th, 2019.
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The woman, now a married mother of children, told the Central Criminal Court that Flynn was a “cruel, bad-tempered man” whom she was afraid of as a child. “It makes me very angry that it was covered up and nothing was done,” she told the court. “There was nothing wrong with Dan Flynn when he sexually assaulted me all those years ago,” she said.
Flynn’s sentence was found to be “unduly lenient” by the Court of Appeal following an appeal by the Director of Public Prosecutions.
President of the Court of Appeal Mr Justice George Birmingham said the three-judge court was resentencing Flynn to five years’ imprisonment. A considered judgment with reasons for the court’s decision would be delivered at a later date but it was “fair to all concerned” to indicate the court’s conclusion on Monday, the judge said.
Counsel for the DPP, Michael Bowman SC, said two years in jail did not “come close to reflecting the gravity” of the offence. He said the rape involved a troubling level of brutality and degradation, and the “ripple effects” had been felt in every personal aspect of the victim’s life 40 years after the event.
Mr Bowman submitted that the sentencing judge afforded too much weight to Flynn’s medical issues, which were “pithily” explained by a list of the medication he had been prescribed together with a four-line statement of fact that he had Parkinson’s.
Flynn appeared before the court in a wheelchair, and was accompanied to court from prison by carers.
Citing the victim impact report, Mr Bowman said Flynn had no physical difficulty and knew right from wrong when he raped the six-year-old girl as a 36-year-old man.
He added that too much credit was given for Flynn’s guilty plea, which was entered at the “eleventh hour” on the Friday before his trial was due to begin.
Outlining the court’s decision, Mr Justice Birmingham the sentencing court ought to have set the headline sentence at 12 years, and there was scope for reducing that to nine years having regard to Flynn’s guilty plea and other mitigating factors.
A further reduction would have been appropriate on account of Flynn’s age and medical situation.
Mr Justice Birmingham said Flynn’s new five-year sentence incorporated the disappointment of having a sentence increased, as is usual in DPP appeals.


theirishtimes--2020-02-03--Lyra McKee’s family make official complaint to Police Ombudsman

The family of murdered journalist Lyra McKee has complained to the Northern Police Ombudsman Marie Anderson about how the PSNI carried out a police search operation in Derry in advance of her killing .
Ms McKee was shot dead by a dissident republican gunman in April last year while she was observing a riot behind police lines in the republican Creggan area of Derry City .
The complaint from the 29-year-old journalist ’ s family relates to a decision by the PSNI to search a house in the Creggan area on April 18th , the night of her death .
@ @ @ @ @ @ @ .
Some questions were raised at the time about whether the police were wise to mount a search operation in Creggan at night .
Police were searching for guns and possible explosives in advance of Easter commemorations by dissident republicans in the city .
The PSNI said the search was necessary for operational reasons aimed at targetting dissident republicans , in this case the New IRA who killed Ms McKee .
“ Whilst we hold Lyra ’ s killer and their associates completely responsible for her murder , we have asked the police @ @ @ @ @ @ @ policing operation on 18th April 2019 , ” the McKee family said in a statement .
“ The Police Ombudsman investigation is completely separate to the ongoing murder investigation .
We consider this a very personal family matter and have no further comment , ” the family added .
A Police Ombudsman spokesman confirmed , “ We have received a complaint about the police operations in the Creggan area of the city that evening , and it is now being investigated .
”

Lyra McKee was shot by a republican gunman while observing a riot in Derry in April 2019. Photograph: Jess Lowe
The family of murdered journalist Lyra McKee has complained to the Northern Police Ombudsman Marie Anderson about how the PSNI carried out a police search operation in Derry in advance of her killing.
Ms McKee was shot dead by a dissident republican gunman in April last year while she was observing a riot behind police lines in the republican Creggan area of Derry City.
The complaint from the 29-year-old journalist’s family relates to a decision by the PSNI to search a house in the Creggan area on April 18th, the night of her death.
During the search serious rioting broke out. Some questions were raised at the time about whether the police were wise to mount a search operation in Creggan at night. Police were searching for guns and possible explosives in advance of Easter commemorations by dissident republicans in the city.
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The PSNI said the search was necessary for operational reasons aimed at targetting dissident republicans, in this case the New IRA who killed Ms McKee.
“Whilst we hold Lyra’s killer and their associates completely responsible for her murder, we have asked the police ombudsman to investigate the aspects of the policing operation on 18th April 2019,” the McKee family said in a statement.
“The Police Ombudsman investigation is completely separate to the ongoing murder investigation. We consider this a very personal family matter and have no further comment,” the family added.
A Police Ombudsman spokesman confirmed, “We have received a complaint about the police operations in the Creggan area of the city that evening, and it is now being investigated.”


theirishtimes--2020-02-03--Fund entitled to possession of Galway property, High Court rules

A financial fund is entitled to an order for possession of a property in Galway , the High Court has ruled .
A stay of one month applies on the possession order which relates to a property in Salthill where , the court heard , a number of people live .
Ennis Property Finance DAC , which is controlled by US investment bank Goldman Sachs , sought the order for a house in Devon Park , Salthill .
Its proceedings were against the property ’ s owner , Henry Greally , who opposed the application .
Ennis claimed Mr Greally @ @ @ @ @ @ @ out with Bank of Scotland ( Ireland ) in 2003 and 2006 and acquired by the fund in 2015 .
The loans were to be used for purposes including capital expenditure and mortgage redemption and the Salthill property was put up as security for those borrowings , it was claimed .
Mr Greally , with addresses at Knocknacarra Park , Salthill , and Henry Street , Galway , opposed possession on grounds including the sum of money allegedly due and owing arising out of the loans had not been fully explained to him @ @ @ @ @ @ @ personal guarantees allegedly given in respect of the loans , and claimed the fund had been reckless in issuing the possession proceedings where , he claimed , the paper work was not correct .
In his judgment on Monday , Mr Justice Garrett Simons said the uncontroverted evidence before the court was that the fund is the owner of the registered charge over the property and is entitled to an order for possession .
The judge said it was an “ unusual ” case .
While Mr Greally had lawyers representing him , @ @ @ @ @ @ @ almost entirely irrelevant to and did not engage with the proceedings before the court , he said .
The affidavit seemed to be directed at separate proceedings by Ennis seeking summary judgment against him , the judge said .
The judge concluded the fund has a power of sale over the property .
He also awarded Ennis its costs of the action .

A financial fund is entitled to an order for possession of a property in Galway, the High Court has ruled. A stay of one month applies on the possession order which relates to a property in Salthill where, the court heard, a number of people live.
Ennis Property Finance DAC, which is controlled by US investment bank Goldman Sachs, sought the order for a house in Devon Park, Salthill. Its proceedings were against the property’s owner, Henry Greally, who opposed the application.
Ennis claimed Mr Greally had defaulted on loans totalling €550,000 taken out with Bank of Scotland (Ireland) in 2003 and 2006 and acquired by the fund in 2015. The loans were to be used for purposes including capital expenditure and mortgage redemption and the Salthill property was put up as security for those borrowings, it was claimed.
Mr Greally, with addresses at Knocknacarra Park, Salthill, and Henry Street, Galway, opposed possession on grounds including the sum of money allegedly due and owing arising out of the loans had not been fully explained to him. He also disputed the validity of personal guarantees allegedly given in respect of the loans, and claimed the fund had been reckless in issuing the possession proceedings where, he claimed, the paper work was not correct.
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In his judgment on Monday, Mr Justice Garrett Simons said the uncontroverted evidence before the court was that the fund is the owner of the registered charge over the property and is entitled to an order for possession. The judge said it was an “unusual” case. While Mr Greally had lawyers representing him, he had sworn an affidavit which was almost entirely irrelevant to and did not engage with the proceedings before the court, he said. The affidavit seemed to be directed at separate proceedings by Ennis seeking summary judgment against him, the judge said.
The judge concluded the fund has a power of sale over the property. He also awarded Ennis its costs of the action.


theirishtimes--2020-02-03--Housing plan on part of GAA grounds faces three court challenges

Three separate High Court challenges have been brought over planning approval for 161 apartments and townhouses on part of a GAA club ’ s grounds in south Dublin .
The Templeogue Synge Street GAA grounds at Dolphin Park , Crumlin , were previously owned by the Christian Brothers for the Synge Street secondary school .
In 1990 , they were transferred to the school ’ s past pupils ’ association which later merged with Templeogue GAA to form the Templeogue Synge Street GAA club .
Kevin ’ s GAA club also had the use of the grounds under the Christian @ @ @ @ @ @ @ took place , Kevin ’ s says it was assured it would have the same rights of use as it had in the past .
Last year , the Templeogue Synge Street club applied for permission to Dublin City Council for the residential development which it said was required to pay for upgrading its existing sport facilities .
The upgrade included a new clubhouse and enhancements to two existing GAA pitches , floodlighting and an all-weather training facility .
Council planners refused permission for reasons including the development , on some 17 per @ @ @ @ @ @ @ to the loss of the city ’ s green infrastructure “ in an area already deficient in green space ” .
The club appealed and An Bord Pleanála granted permission last November .
On Monday , three separate parties were given leave , on a one-side only represented basis , by Mr Justice Charles Meenan to bring judicial review proceedings against the board over its decision .
The challenges are by Kevin ’ s GAA club ; David O ’ Sullivan , a film and TV producer who lives adjacent to the entrance @ @ @ @ @ @ @ and by Barry Carroll , a financial consultant who lives part of the year in what had been for generations the family home at Crumlin Road and who also lives in St Martin in Guernsey .
Mr Carroll ’ s company , BPAC Property Holdings ( Ireland ) , which holds the house for his benefit , is also a plaintiff .
The court heard the grounds of the challenges include zoning , loss of green space , environmental effects and traffic hazard .
Mr O ’ Sullivan says the GAA property is @ @ @ @ @ @ @ gateway at the side of his home .
He has a right of way through the laneway to the rear of his property where there is a garage with doors opening on to the laneway .
With almost 200 car parking spaces being provided in the new development and works required to the laneway , he claims he will be unable to safely access his right of way and access to the garage .
He is also concerned about overlooking of his property , loss of light and anti-social behaviour .
Kevin ’ @ @ @ @ @ @ @ element of the development would take 17 per cent of the site , the total built area would be 30 per cent .
The club says off-pitch areas are currently used by Kevin ’ s for nursery and hurling activities by younger teams .
It says a juvenile player could easily strike a sliotar and hit a window in the new apartments because the pitches would be so close to them and this could lead to nuisance actions against the club .
Mr Carroll , among his grounds , challenges the board ’ @ @ @ @ @ @ @ report that the development , although on land zoned open space , met a requirement that housing can be permitted in “ highly exceptional circumstances ” of limited once-off development .
This was in breach of fair procedures and/or so irrational as to be unreasonable , he claims .
All three challengers say the development will permanently deprive light-bellied Brent Geese , which visit the site to graze during winter , of a significant amount of foraging land .
They also claim there are serious gaps in an appropriate assessment and a natura @ @ @ @ @ @ @ cases were returned to next month .

Three separate High Court challenges have been brought over planning approval for 161 apartments and townhouses on part of a GAA club’s grounds in south Dublin.
The Templeogue Synge Street GAA grounds at Dolphin Park, Crumlin, were previously owned by the Christian Brothers for the Synge Street secondary school.
In 1990, they were transferred to the school’s past pupils’ association which later merged with Templeogue GAA to form the Templeogue Synge Street GAA club.
Kevin’s GAA club also had the use of the grounds under the Christian Brothers and, when the ownership transfer took place, Kevin’s says it was assured it would have the same rights of use as it had in the past.
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Last year, the Templeogue Synge Street club applied for permission to Dublin City Council for the residential development which it said was required to pay for upgrading its existing sport facilities.
The upgrade included a new clubhouse and enhancements to two existing GAA pitches, floodlighting and an all-weather training facility.
Council planners refused permission for reasons including the development, on some 17 per cent of the lands, would lead to the loss of the city’s green infrastructure “in an area already deficient in green space”.
The club appealed and An Bord Pleanála granted permission last November.
On Monday, three separate parties were given leave, on a one-side only represented basis, by Mr Justice Charles Meenan to bring judicial review proceedings against the board over its decision.
Templeogue Synge Street GAA is a notice party.
The challenges are by Kevin’s GAA club; David O’Sullivan, a film and TV producer who lives adjacent to the entrance to the grounds at Crumlin Road; and by Barry Carroll, a financial consultant who lives part of the year in what had been for generations the family home at Crumlin Road and who also lives in St Martin in Guernsey. Mr Carroll’s company, BPAC Property Holdings (Ireland), which holds the house for his benefit, is also a plaintiff.
The court heard the grounds of the challenges include zoning, loss of green space, environmental effects and traffic hazard.
Mr O’Sullivan says the GAA property is currently accessed through a narrow road and gateway at the side of his home. He has a right of way through the laneway to the rear of his property where there is a garage with doors opening on to the laneway.
With almost 200 car parking spaces being provided in the new development and works required to the laneway, he claims he will be unable to safely access his right of way and access to the garage. He is also concerned about overlooking of his property, loss of light and anti-social behaviour.
Kevin’s GAA says, while the residential element of the development would take 17 per cent of the site, the total built area would be 30 per cent. The club says off-pitch areas are currently used by Kevin’s for nursery and hurling activities by younger teams.
It says a juvenile player could easily strike a sliotar and hit a window in the new apartments because the pitches would be so close to them and this could lead to nuisance actions against the club.
Mr Carroll, among his grounds, challenges the board’s acceptance of its inspector’s report that the development, although on land zoned open space, met a requirement that housing can be permitted in “highly exceptional circumstances” of limited once-off development. This was in breach of fair procedures and/or so irrational as to be unreasonable, he claims.
All three challengers say the development will permanently deprive light-bellied Brent Geese, which visit the site to graze during winter, of a significant amount of foraging land.
They also claim there are serious gaps in an appropriate assessment and a natura impact statement for the site.
The cases were returned to next month.


theirishtimes--2020-02-03--Drunk driver who drove into pedestrian jailed for three-and-a-half years

A drunk driver who drove into a pedestrian while trying to avoid a Garda checkpoint has been jailed for three-and-a-half years .
Darren Kershaw ( 45 ) of Cherry Orchard Park , Ballyfermot , Dublin pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious harm at Landen Road , Ballyfermot on June 19th , 2018 .
Kershaw also pleaded guilty to failing to remain at the scene and to driving over the legal alcohol limit , both on the same date .
Passing sentence on Monday , Judge Elma Sheahan said the court viewed Kershaw ’ s @ @ @ @ @ @ @ that the majority of his 11 previous convictions were for minor road traffic offences .
Judge Sheahan said the mitigating factors were his plea of guilty , his full co-operation and genuine remorse , his substance addictions and his efforts to rehabilitate including abstaining from alcohol since the offence and more recently abstaining from drugs .
She sentenced Kershaw to four-and-a-half years imprisonment , but suspended the final 12 months on strict conditions including that he remain drug and alcohol free .
At an earlier sentencing hearing , Det Sgt Brian Hoey told @ @ @ @ @ @ @ patrol cars began following the accused after he did a U-turn just before a Garda checkpoint on Sarsfield Road in Ballyfermot .
Det Sgt Hoey said that the car had mounted the pavement as it attempted to turn onto Landen Road where it knocked down a set of traffic lights before striking Ranyfrancia DaSilva , a Brazilian national , who was walking home from a restaurant with her husband .
The car did not stop at the scene but was unable to drive much further because of damage to a front tyre and @ @ @ @ @ @ @ Kershaw claimed he had had “ a few cans of Heineken ” as well as two pints in a pub after being out “ sulky racing ” and had panicked when he saw the Garda checkpoint .
He called himself “ an idiot ” and apologised for the injury he had caused the victim .
The court heard that test results showed Kershaw had 200mg of alcohol per 100ml of urine as well as traces of cannabis and cocaine in his system .
Ms DaSilva was knocked unconscious after being struck by the @ @ @ @ @ @ @ injuries to her back .
The victim continues to suffer dizziness , headaches and disturbed sleep and has been unable to work at her job with a delivery firm since the accident .
Det Sgt Hoey agreed with Pádraig Dwyer SC , defending , that the defendant had consistently expressed his remorse and accepted his responsibility for what happened his victim .
Mr Dwyer said the defendant , a father of five who works as a stage construction worker , suffers from depression and cries when he thinks of how he had dramatically @ @ @ @ @ @ @ In her victim impact statement , which was read out in court , Ranyfrancia DaSilva said she had incurred medical expenses totalling €27,000 and had to turn down a new job in IT with a salary of €40,000 .
Ms DaSilva said she was now sad all the time and suffered depression and was afraid to leave her apartment .
She said she no longer socialised and lived in fear that something similar could happen again .
Ms DaSilva said she had no recollection of the car crash and only remembered waking up @ @ @ @ @ @ @ stayed for over a month .
“ Every day is a struggle for me , ” she said .
Although she recognised she was lucky to be alive , Ms DaSilva said she suffered constant back pain and missed being able to go to a gym with her husband .
“ I ’ m not the same person .
My personality changed that day , ” said Ms DaSilva .
“ I miss my old self and I don ’ t like to look at old photos of me , ” she said @ @ @ @ @ @ @ difficulties and was now reliant on her husband who had to work extra shifts to pay their rent which caused her stress and guilt .
“ I struggle to come to terms with the day that destroyed my life , ” she said .

A drunk driver who drove into a pedestrian while trying to avoid a Garda checkpoint has been jailed for three-and-a-half years.
Darren Kershaw (45) of Cherry Orchard Park, Ballyfermot, Dublin pleaded guilty at Dublin Circuit Criminal Court to dangerous driving causing serious harm at Landen Road, Ballyfermot on June 19th, 2018.
Kershaw also pleaded guilty to failing to remain at the scene and to driving over the legal alcohol limit, both on the same date.
Passing sentence on Monday, Judge Elma Sheahan said the court viewed Kershaw’s culpability as being high. She noted that the majority of his 11 previous convictions were for minor road traffic offences.
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Judge Sheahan said the mitigating factors were his plea of guilty, his full co-operation and genuine remorse, his substance addictions and his efforts to rehabilitate including abstaining from alcohol since the offence and more recently abstaining from drugs.
She sentenced Kershaw to four-and-a-half years imprisonment, but suspended the final 12 months on strict conditions including that he remain drug and alcohol free.
At an earlier sentencing hearing, Det Sgt Brian Hoey told Diarmuid Collins BL, prosecuting, that patrol cars began following the accused after he did a U-turn just before a Garda checkpoint on Sarsfield Road in Ballyfermot.
Det Sgt Hoey said that the car had mounted the pavement as it attempted to turn onto Landen Road where it knocked down a set of traffic lights before striking Ranyfrancia DaSilva, a Brazilian national, who was walking home from a restaurant with her husband.
The car did not stop at the scene but was unable to drive much further because of damage to a front tyre and axle.
After he was arrested, Kershaw claimed he had had “a few cans of Heineken” as well as two pints in a pub after being out “sulky racing” and had panicked when he saw the Garda checkpoint. He called himself “an idiot” and apologised for the injury he had caused the victim.
The court heard that test results showed Kershaw had 200mg of alcohol per 100ml of urine as well as traces of cannabis and cocaine in his system.
Ms DaSilva was knocked unconscious after being struck by the vehicle, suffering multiple skull fractures and injuries to her back. The victim continues to suffer dizziness, headaches and disturbed sleep and has been unable to work at her job with a delivery firm since the accident.
Det Sgt Hoey agreed with Pádraig Dwyer SC, defending, that the defendant had consistently expressed his remorse and accepted his responsibility for what happened his victim.
Mr Dwyer said the defendant, a father of five who works as a stage construction worker, suffers from depression and cries when he thinks of how he had dramatically changed his victim’s life.
In her victim impact statement, which was read out in court, Ranyfrancia DaSilva said she had incurred medical expenses totalling €27,000 and had to turn down a new job in IT with a salary of €40,000.
Ms DaSilva said she was now sad all the time and suffered depression and was afraid to leave her apartment. She said she no longer socialised and lived in fear that something similar could happen again.
Ms DaSilva said she had no recollection of the car crash and only remembered waking up in St James’ Hospital where she stayed for over a month.
“Every day is a struggle for me,” she said.
Although she recognised she was lucky to be alive, Ms DaSilva said she suffered constant back pain and missed being able to go to a gym with her husband.
“I’m not the same person. My personality changed that day,” said Ms DaSilva.
“I miss my old self and I don’t like to look at old photos of me,” she said.
Ms DaSilva said she experienced financial difficulties and was now reliant on her husband who had to work extra shifts to pay their rent which caused her stress and guilt.
“I struggle to come to terms with the day that destroyed my life,” she said.


theirishtimes--2020-02-04--Deputy principal facing fitness to teach inquiry over child porn

A deputy primary school principal teacher is the subject of a fitness to teach inquiry for possessing and distributing child pornography .
Brian Fitzgerald of Meadowlands , Youghal , Co Cork , is serving an 18-month sentence after pleading guilty of one count of possessing child pornography and four counts of distributing child pornography on various dates between February and May 2017 .
Fitzgerald did not appear at the inquiry on Tuesday and did not have legal representation .
However , in previous correspondence with the Teaching Council , his solicitor said he had “ held his hands up and @ @ @ @ @ @ @ the inquiry or any evidence .
The Teaching Council ’ s disciplinary committee inquiry panel has powers to issue sanctions such as de-registering a teacher and applying an indefinite ban on teaching in a publicly funded school .
The inquiry heard that gardaí first became became aware of the offence when it began investigating users accessing a child porn website .
They identified one computer user who was using the name “ schoolteacher ” and traced the download to Fitzgerald .
Gardaí raided his house on May 6th , 2017 and seized computer @ @ @ @ @ @ @ denied possessing child pornography or knowing anything about child pornography and was released without charge .
However , gardaí sent the equipment for examination and Garda cyber experts established that thousands of images and videos had been deleted from the computer .
Gardaí re-arrested Fitzgerald on June 25th , 2018 for questioning and when questioned about the deleted images and videos , he admitted they belonged to him .
The inquiry heard that Fitzgerald had downloaded 551 images and 1,162 videos depicting children under 17 engaging in various sexual acts .
And they @ @ @ @ @ @ @ images and 1,018 videos depicting children under the age of 17 exposing their genitalia .
Some of these deleted images included female adults engaged in sexual activity with babies , as well as pre-teen boys and girls involved in sexual activity with adults or other boys and girls .
Gardaí established that Fitzgerald had shared some 53 child porn images on four separate dates with individuals in the UK , US and Germany and they were now being investigated by foreign police .
The inquiry heard that Fitzgerald had gone on sick leave @ @ @ @ @ @ @ following his first arrest in 2017 and he later took a career break in 2018 and had not taught since .
The Teaching Council ’ s disciplinary committee inquiry panel is due to complete its hearing on Tuesday and is likely to issue a finding .
The three-person panelis made up of two teachers – Elizabeth Cooney and Sean O ’ Neill - and Gerry Leydon , a non-teacher member .
The panel has powers similar to those of the High Court and can compel witnesses and evidence .
However , teachers who @ @ @ @ @ @ @ obliged to attend in person and may be represented by a union , colleague or legal representative During Fitzgerald ’ s court case last year , his defence barrister pleaded for leniency , pointing out that his client , a single man , had moved back into the family home in Youghal and was caring for his elderly mother who has early-onset Alzheimer ’ s disease .
However , Judge Sean Ó Donnabháin said possession of child pornography was a serious offence but of even more concern to him were the distribution charges @ @ @ @ @ @ @ .
He sentenced Fitzgerald to three years in jail on the distribution charges and on the possession charge but he suspended the final 18 months to incentivise his rehabilitation while in prison .

Brian Fitzgerald of Meadowlands, Youghal, Co Cork, is serving an 18-month sentence after pleading guilty to possessing and distributing child pornography on various dates between February and May 2017. Photograph: iStock
A deputy primary school principal teacher has been banned from teaching after a fitness-to-teach inquiry heard evidence that he has possessed and distributed child pornography.
Brian Fitzgerald, 50, of Meadowlands, Youghal, Co Cork, last year received an 18-month sentence after pleading guilty to possessing more than 2,000 images and videos of child pornography, some of which included adults engaging in sexual activity with babies.
Fitzgerald, who is still completing his jail term, was not present at the inquiry on Tuesday and did not have legal representation.
However, in previous correspondence with the Teaching Council, his solicitor said he had "held his hands up and pleaded guilty" and was not contesting the inquiry or any evidence.
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Following a hearing on Tuesday, the Teaching Council’s disciplinary committee inquiry panel revoked Fitzgerald’s registration as a teacher for a minimum of 15 years.
"In the panel's view, Mr Fitzgerald, by his own actions, has demonstrated that he is not a safe or suitable person to be placed in a position of authority over children or young people, either now or in the foreseeable future," said panel chair Elizabeth Cooney.
‘Abuse of trust’
She said his “abuse of trust was total” and the message sent out from the sanction was one of “unqualified condemnation” of his actions.
The inquiry heard that gardaí first became aware of Fitzgerald’s offences when it began investigating users accessing a child porn website.
They identified one computer user who was using the name “schoolteacher” and traced the download to Fitzgerald.
Gardaí raided his house on May 6th, 2017 and seized computer equipment.
They arrested Fitzgerald but he denied possessing child pornography or knowing anything about child pornography and was released without charge.
However, gardaí sent the equipment for examination and Garda cyber experts established that thousands of images and videos had been deleted from the computer.
Gardaí re-arrested Fitzgerald on June 25th, 2018 for questioning and when questioned about the deleted images and videos, he admitted they belonged to him.
Some of these deleted images included female adults engaged in sexual activity with babies
The inquiry heard that Fitzgerald had downloaded 551 images and 1,162 videos depicting children under 17 engaging in various sexual acts.
And they also established that he had downloaded 529 images and 1,018 videos depicting children under the age of 17 exposing their genitalia.
Some of these deleted images included female adults engaged in sexual activity with babies, as well as pre-teen boys and girls involved in sexual activity with adults or other boys and girls.
Sick leave
Gardaí established that Fitzgerald had shared 53 child porn images on four separate dates with individuals in the UK, US and Germany and they were now being investigated by foreign police.
The inquiry heard that Fitzgerald had gone on sick leave from the school where he was teaching following his first arrest in 2017 and he later took a career break in 2018 and had not taught since.
During Fitzgerald’s court case last year, his defence barrister pleaded for leniency, pointing out that his client, a single man, had moved back into the family home in Youghal and was caring for his elderly mother who has early-onset Alzheimer’s disease.
However, Judge Sean Ó Donnabháin said possession of child pornography was a serious offence but of even more concern to him were the distribution charges where he shared such images with others.
He sentenced Fitzgerald to three years in jail on the distribution charges and on the possession charge but he suspended the final 18 months to incentivise his rehabilitation while in prison.
The Teaching Council’s fitness-to-teach inquiry on Tuesday was just the third of its kind to be held in public since it started hearing in recent years.
The three-person panel which oversaw the inquiry was made up of two teachers – Elizabeth Cooney and Sean O'Neill – and Gerry Leydon, a non-teacher member.