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Court hears biker was shot dead over 'territorial dispute' between clubs

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Alan McNamara

Alan McNamara

A biker shot a member of a rival motorcycle club dead over a territorial dispute in Limerick, a prosecuting barrister told a murder trial jury today.

Alan McNamara (50), of Mountfune, Murroe, Co Limerick has pleaded not guilty to murdering Andrew O’Donoghue (51) in Murroe, Co Limerick on June 20, 2015.

His stepson, Robert Cusack (28), is charged with impeding Mr McNamara's apprehension knowing or believing him to have committed a serious offence. Mr Cusack has also pleaded not guilty and both men are being tried together at the Central Criminal Court.

Opening the trial Michael Delaney SC for the prosecution told the jury that they will hear evidence that Mr O'Donoghue, a retired carpenter, was a member of the Road Tramps motorcycle club which is based at Mountfune.

The accused man, Alan McNamara, left the Road Tramps in the 2000s and became a member of the Caballeros motorcycle club. The Caballeros were originally based in Tipperary but by June 2015 had moved to Limerick City. Counsel told the jury they would hear evidence that the shooting was linked to a territorial dispute between the two clubs.

Mr Delaney said that Mr McNamara lived about 1.5 kilometres from the Road Tramps' clubhouse and on Friday June 19, 2015 he and his wife went to the village of Doon in Limerick by bike where they went to Kelly's Pub.

Mr McNamara was wearing the colours of the Caballeros, which consisted of a badge or emblem worn on the back of a black sleeveless jacket.

This, Mr Delaney said, was a "provocative act" as Doon is in the Road Tramps' area. When word got out three members of the Road Tramps went to Doon to confront Mr McNamara and at about 8.20pm, as Mr McNamara emerged from the pub, he was set upon by two of these men. His colours were forceably removed, leaving Mr McNamara "very vexed" at the insult to him and his club.

Mr Delaney told the jurors: "This formed the backdrop to the fatal shooting of Mr O'Donoghue."

The trial continues this afternoon in front of Justice Paul McDermott and a jury of eight men and four women.


School cleaner scammed €100k in dole over a 17-year period

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Carol Clarke

Carol Clarke

A school cleaner who stole over €100,000 in social welfare fraud over a 17-year period by pretending to be her sister has avoided a jail term.

Carol Clarke, a 57-year-old mother of five, used the money to support her family and to help pay off one of her son's drug debts, Dublin Circuit Criminal Court heard at a previous sentence hearing last May.

Clarke, with an address in Dunard Drive, Navan Road, Dublin, pleaded guilty to two counts of stealing from the Department of Social Welfare at Phibsborough post office between February 1994 and July 2011. The total amount stolen was €104,431.

Judge Karen O'Connor sentenced Clarke to two years in prison which she suspended in full.

She said she had taken into account the “heartbreak and tragedy” Clarke had suffered, as one son was shot dead and a second had killed himself. She noted that the woman was now caring full-time for her ill daughter.

Judge O'Connor wished Clarke “every good fortune” and commended her for looking after her daughter and grandchildren.

She said she would not ask Clarke to compensate the State, because she said in her particular circumstances “it would be unduly onerous” considering her limited financial means.

Inspector Thomas Lynch told Pieter Le Vert BL, prosecuting, that gardaí discovered in 2012 that social welfare was being claimed on behalf of Bernadette Darcy, Clarke's sister.

Ms Darcy told gardaí she had no idea that the social welfare was being claimed under her name.

Clarke was arrested shortly afterwards. She initially denied the claims, but after carrying out a number of handwriting tests and fingerprint testing, she eventually admitted to the offence.

Staff at Phibsborough post office also identified her as the culprit.

She has one previous conviction for handling stolen property in 1999.

Tara Burns SC, defending, said Clarke had a difficult family background. Her husband died of Huntington's Disease in 2013. Of her five children, a son and daughter also suffer from the condition.

Her son is cared for in hospital while Clarke cares for her sick daughter and her daughter's two young children in the family home. She is effectively the sole carer of those children, Ms Burns said.

The court heard another son took his own life at the age of 25 after running up drug debts, while her younger son, Glen Clarke, was killed in a shooting incident in Dublin last December.

Ms Burns said her client was extremely remorseful and was paying back the debt she owed to the department in €50 instalments.

She handed up a number of references to court, including Clarke's employer at St Paul's CBS, who described her as dedicated and hard-working.

Defence counsel urged Judge O'Connor at the sentence hearing in May to consider not imposing a custodial sentence, saying she cared for her grandchildren, who wee aged four and six, “as a mother would”.

Judge O'Connor noted, at that hearing that the offence was “premeditated” and of some duration.

 

Terror accused “had ISIS flag as phone screen saver”

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A radicalised young man shared a string of terrorist propaganda using a mobile phone emblazoned with the black flag of Islamic State, a court heard.

Taha Hussain, 21, from Slough, attended Islamic "road shows" and became increasingly extreme in the two years before his arrest for disseminating terror documents in August last year, the Old Bailey heard.

When police seized his mobile phone, they found the black flag of IS on his screen saver and his PIN number was 9117 - in apparent homage to the 9/11 and 7/7 terror attacks, the court heard.

Prosecutor Mark Paltenghi told jurors: "It may be that this is a combination of the dates of two of the most significant acts of terrorism this century - the attacks upon the Twin Towers in New York and other targets in America on September 11, 2001 and part of the date of the London bombings on July 7, 2005."

Hussain is on trial accused of nine counts of disseminating terror documents via WhatsApp and Telegram apps and one charge of encouraging terrorism through posts on Twitter.

Over 11 months, Hussain is accused of distributing YouTube videos and audio files on topics including Charlie Hebdo and bombings in Britain and the US as well as a copy of an IS magazine.

Mr Paltenghi said: "In essence, it is alleged that when all this material was sent it was done with the intention that it would be understood by its recipients as a direct or indirect encouragement to the commission, instigation or preparation of acts of terrorism."

The defendant denies all the charges against him.

In July 2015, Hussain sent a WhatsApp message to a group of people of a YouTube video entitled Lions of the UK, promoting jihad, the court was told.

In October of that year, he sent an audio file entitled "For the Sake of Allah" appearing to glorify IS fighters, the court heard.

The following month was marked by the Paris terror attacks, in which a number of people were killed and injured in the French capital.

The night after the atrocity, Hussain and at least one other man allegedly filmed themselves six times driving past the Victoria Barracks in Windsor, which is home of the Coldstream Guards.

A voice on the video points out the barracks are recruiting, adding "so are Dawla (IS)".

In the car, they listened to Islamic chants and discussed their support for the terrorist group, the court heard. One of the men was heard to say: "Wake up you kuffar (disbelievers), when are you gonna wake up?"

Later the same night, Hussain allegedly sent the video to a friend, saying: "I want to show you something." The next day, he sent another WhatsApp message about the Paris outrage purporting to give a "Muslim perspective".

 

Irish World Cup star to appear in court charged with drink driving

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Mark Kinsella

Mark Kinsella

FORMER Republic of Ireland soccer star Mark Kinsella will go on trial in September accused of drink driving.

The 44-year-old former midfielder, who is now a coach with Drogheda United, faced his second hearing at Dublin District Court on Thursday.

A summons had been issued earlier in connection with the alleged drink-driving incident in February this year. He is contesting the case.

He had his first court appearance on June 1 when he was ordered to appear again for a plea to be entered.

Dressed in blue jeans and a blue jacket, he stood up when his case was called but remained silent during the proceedings today.

His barrister addressed the court and said the case was listed for mention to have the hearing date set.

Judge Grainne Malone heard that there will be one garda witness giving evidence.

She ordered that the trial would take place on Sept. 21 next and she noted Mr Kinsella was pleading not guilty.

Mr Kinsella, with an address at Brooklawn, Finnstown, Lucan, Dublin is accused of driving a ‘05-reg vehicle while over the alcohol limit, on Feb. 11, 2017 at R1121 Westmanstown, in Dublin.

The charge is under Road Traffic Act.

Kinsella’s football career took off when he joined Colchester United, then in 1996 he signed for Charlton Athletic and helped win promotion to the Premier League.

He was capped 48 times for the Republic of Ireland and played in the 2002 FIFA World Cup in Japan and South Korea.

He later played for Aston Villa, West Bromwich Albion and Walsall before he moved into management and coaching.

Dublin drunk who groped teen on train hit with fine and placed on register

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Forty-six year old Francis Haybyrne appeared in Trim Circuit Court this week charged with groping a teenage girl on the Balbrddan-Drogheda train, last year.

Haybyrne, from Drimnagh in Dublin 12 was slapped with a €500 fine and placed on the sex offenders register for five years after admitting the charge.

The court heard that the acused had drank eight or none bottles of Bulmers in Balbriggan that evening and, after missing his train back to Dublin took one to Drogheda so he could get a third back to the capital.

The inebriated man plonked himself down opposite a 17-year-old girl who he began talking to, referring to her as “a legend”.

According to Garda Anthony Teefy “he was trying to chat her up”.  

Haybyrne gestured to the girl to move closer than then grabbed her face with his two hands and tried to kiss her.

Then, after apologising for the attempted kiss he began to move his hand up her leg.

The girl pushed his hand away and moved towards a group of males at the end of the carriage.

Hammered Haybyrne, undeterred by her rejection, followed the teen and stood beside her before she finally managed to get away.

Once she got off the train she told her parents who contacted gardai.

The defendant was later found asleep on a train in Drogheda.

He later said that he was shocked to hear about what he had done, but was too drunk to remember anything other than being approached by gardai.

The court heard that the teen victim had been shaken at the time, but had suffered no long term effects.

Haybyrne’s solicitor told the court that his client had been drinking at the time but had not drunk since the offence, describing his behaviour as a “drunken escapade”.

Judge Terry O’Sullivan imposed a €500 fine and placed Haybyrne on the Sex Offender’s register for five years. 

Jury fails to reach verdict in trial of man accused of raping his wife

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The jury in the trial of a man accused of raping his wife on Christmas Day in 2003 has failed to reach a verdict.

The 44-year-old Dublin man, who cannot be named for legal reasons, had pleaded not guilty at the Central Criminal Court to two counts of rape, one count of oral rape and one count of anal rape of his then-wife on December 25, 2003.

The trial heard the man allegedly raped the woman on the couch after putting their young children to bed on Christmas night.

Mr Justice Patrick McCarthy discharged the jury of eight women and four men after they failed to reach a decision upon which at least ten of them could agree.

They had been deliberating for over four hours when the foreman told the judge “they had exhausted all options”.

Earlier in the trial, the man took the stand and told Patrick Gageby SC, defending, that he had consensual sex with his wife that night. He said they had both had several drinks that evening and were both drunk.

He said when he came downstairs after putting the children to bed, his wife was lying on the couch.

He told the court they started “kissing and fondling”. He said he sought to have oral sex but the woman said no and they had vaginal sex instead.

When asked if he had anal sex with her, the man replied, “Not that I was aware of”.

He said the following morning, his wife was cooking breakfast in the kitchen and she said to him, “Do you know what you did last night?”

“She then proceeded to tell me that I raped her,” the man told the court.

“There was no massive argument. I just went into pure shock I think.”

The man eventually left the marital home, returned for some time and left again. The trial has heard varying accounts as to when exactly that happened. The couple legally separated in 2007.

The man said that he had sexual relations with his wife on a number of occasions after the alleged rape.

He said when he returned to the family home, he eventually moved back into the marital bed before his wife packed his bags and he left again.

Prosecution barrister John O'Kelly SC said the man's assertion that he moved back into the marital bed was a “very recent invention” and “untrue”.

The man denied this was the case.

Mr O'Kelly put it to the man that on Christmas Day 2003, he raped his wife and told her, “I've been waiting to do this for a long time” before anally raping her. He submitted the man also told her, “You're my wife”.

“Those words sum up what your intent of having sex with (your wife) on this night was,” Mr O'Kelly said.

“No,” the man replied, adding they were a married couple having “marital intercourse”.

Mr O'Kelly said: “Unfortunately on this night, your wife didn't want sex and she made it very clear that she didn't want sex. She had a difficult day.”

“The only 'No' I heard was when I looked for oral sex,” the man said.

Mr Justice McCarthy thanked the jury and exempted them from further service for a period of ten years.

 

Leo Varadkar makes front of Time Magazine

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Leo Varadkar has become the fourth Taoiseach to make the front page of Time magazine.

A portrait photo of the Fine Gael leader graces the European edition cover along with the headline "An island at the center of the World".

Inside the magazine, Varadkar speaks at length the journalist Jennifer Duggan about the threat Brexit poses to Ireland and how he plans to deal with US President Donald Trump.

In the Q&A style piece, which can be read here, Varadkar adds that he is not sure whether to hold the anticipated abortion referendum in the first or second half of 2018.

"What we need to define over the next couple of months is exactly what question is asked," he said.

"We have a lot of experience with referendums in Ireland and I think before you ask people the question in a referendum you need to be able to be very clear about what the question they are being asked is."

He also stated that he is "very much opposed" to a united Ireland referendum, as he feels it would be defeated.

Previous Taoiseach Enda Kenny also appeared on the iconic magazine's front page in October 2012 with the headline "The Celtic Comeback".

Fianna Fail's Sean Lemass was put on the cover of Time Magazine in July 1963 behind an illustration of factory buildings to symbolise the new industrial development in Ireland. The cover also featured an Irish leprechaun.

Eamon deValera appeared on the front page in March 1940.

Time Magazine has a circulation of around 3m in the USA and has been described as the most influential mainstream magazine for political coverage in the country.

“Yoda” the serial sex beast is back on the streets

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Anthony 'Yoda' Goodman

Anthony 'Yoda' Goodman

THIS is the serial sex beast who was released back on this week – despite the fact he is considered too dangerous to get on a bus.

Sicko Anthony Goodman’s criminal record is so bad that a court previously ordered that he has to notify officers before he gets on a public bus service.

But he walked free this week after a judge sentenced him to time already served while awaiting trial.

Described as looking like “Yoda”, the character from the Stars Wars movies, there is, however, little to like about Goodman.

As well as his nine sexual offences he has notched up a total of 200 convictions – including buggery with an animal, sacrilege, theft and burglaries. This week the pervert walked free from prison after being held on remand since 2015, when he was caught taking unauthorised bus trips from Dublin.

At a hearing in Dublin Circuit Court he was given a sentence backdated to his arrest and afterwards taken to Mountjoy Prison, where he was released.

The 72-year-old is now in the care of homeless services, according to Sunday World sources. During this week’s court case it was heard that in June 2012 an order was made at Cork Circuit Criminal Court that meant he had to give two hours notice before taking a bus.

Goodman admitted breaching the order after boarding buses in Dublin in August and June 2015 to Enniskerry.

Gardaí were alerted to Goodman’s presence on the bus in August 2015 by a woman who made a complaint to Gardaí and gave them a detailed description of Goodman.

On the second occasion a Garda inspector saw Goodman get on the bus and later confirmed he had not alerted officers.

He was arrested over these offences on September 3, 2015, and has remained in custody until this week.

Gardaí gave evidence that Goodman has just come off the sex offenders register on June 29, after being on it for five years.

It was added that Goodman has over 200 previous convictions, which date back to the 1980s, and involve incidents in both Ireland and the U.K. Four previous convictions include travelling on public transport without prior notification to Gardaí.

This week Judge Elma Sheahan backdated a sentence of two-and-a-half years to September 2015, when he went into custody, and suspended the final eight months.

Judge Sheahan said she was structuring her sentence so that the accused would be released that day.

Despite his diminutive size, Goodman has launched foul-mouthed tirades when previously arrested. In one incident in 2014 after being charged, he retorted: “I want to plead guilty to that today. I would rather be in f***ing Beirut. And you are all corrupt, you know that, don’t you.”

Later that year Goodman was charged over entering a school in Cork.

It was one of six schools he was specifically banned from visiting. On another occasion he was arrested after he entered the ladies dressing rooms at the University of Limerick sports arena.

Back in 2004 he as jailed for threatening to kill a GP who refused to take him as a patient and threatening to kill a woman stopped at traffic lights.

In 2000 he got a jail sentence for sexually assaulting a bank executive in Dublin and in 1997 he admitted sexually assaulting a 20-year-old woman, for which he got four years.

Nicola Tallant & Eamon Dillon 


Man who repeatedly stabbed wife in front of child gets less than 3-years in jail

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Kassem Hamdam

Kassem Hamdam

A Palestinian man who repeatedly stabbed his ex-wife in front of their four-year-old daughter has been sentenced to three and half years with the final nine months suspended.

Kassem Hamdam (30) later told gardaí that the woman had “fucked my life” and said he had wanted her to be left with a permanent scar.

He said he couldn't leave his child “with this bitch” and claimed the relationship had come to an end because she was jealous and didn't like him drinking.

Hamdam of Windsor Terrace, Portobello, Dublin 8 pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to the woman and production of a weapon at her home on Blessington Street, Dublin 7 on August 23, 2015.

Jennifer Jackson BL, defending said her client was brought to a Lebanese refugee camp as a six-year-old where he witnessed shootings and detonations on a daily basis.

Counsel said Hamdam was put under significant pressure to get involved in violence but he didn't and ultimately came to in Ireland in 2006 to seek asylum.

He has since been diagnosed as having post-traumatic stress disorder.

Garda John Costigan told John Fitzgerald BL prosecuting, that Hamdam called to the woman's home that evening and told his daughter to go into her bedroom.

He followed the child but a few minutes later called the victim into the room too.

He claimed he was looking for a letter but the woman felt he was acting strangely and chose to run from the room.

Hamdam followed, pulled her to the ground and stabbed her face. She tried to grab the weapon, which she described as a DIY knife, but he continued the attack and slashed at her stomach.

She could feel blood on her face and arms. Her daughter was shouting and crying.

Hamdam eventually stopped the assault and ran from the house.

The woman was later treated for a 5cm cut to the left hand side of her face, a cut to her elbow and a minor cut to her stomach.

Her left ring figure was injured when she tried to grab the weapon and she continues to have restricted movement of it because of that damage.

A victim impact report stated that woman has since had to take medication for depression and anxiety and finds it hard to sleep because she worries she will see Hamdam again.

Her daughter also worries about her father coming to their home again and they have now moved in with the victim's parents.

The woman is getting on-going physiotherapy to deal with the restricted movement in her finger and is looking into the possibility of cosmetic surgery for her face.

Hamdam later claimed in garda interview that he hadn't used a blade but instead used a keyring, which had edges that were “sharp and dangerous”.

He said he had swiped at the victim's face with the bunch of keys and admitted he caught her on the hand during the attack. He denied pulling her to the ground.

Judge Karen O'Connor described photographs of the woman's injuries as disturbing, “particularly in relation to the marks on her face”.

She said it was “a very serious form of aggravation” that a young child observed her mother in that condition adding that it must have been terrifying for both “this little girl and her mother”.

Ms Jackson said her client was not trying to hide behind his past and that he understood his behaviour was deplorable but submitted it was out of character.

She said a psychological report concluded that Hamdam had post traumatic stress disorder and although he had never been treated for this, he needed medical intervention.

Ms Jackson said Hamdam was unemployed at the time and had just separated from his wife. She said it was a stressful period in his life.

He had €1,000 to offer as a token of remorse. Hamdam wants to rebuild a relationship with his daughter, counsel told the court.

 

Man jailed for torching man's door following phone row

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A Moldovan man who set fire to his former housemate's door following a row about a missing mobile phone has been sentenced to three and half years.

Roman Vladislav (35) had previously made drunken threats to the residents after his phone went missing as he believed one of them had taken it.

He returned to the house and set the fire after gardaí were called to a “commotion” at the house earlier that evening.

Vladislav of Walton Hall, Riverbank, Swords, Co Dublin pleaded guilty at Dublin Circuit Criminal Court to damaging a property, at Seabury Parade, Malahide, by fire and being reckless as to whether the lives of the occupants were endangered on May 9, 2016.

Judge Karen O'Connor who previously adjourned the sentence last May having heard evidence, noted that Vladislav had used his time in custody to date in a productive fashion.

Today she acknowledged that a positive probation report put Vladislav at a moderate risk of re-offending.

She noted that a victim impact statement outlined how the woman Vladislav was living with at the time now carries something to protect herself at all times and has a baseball bat, shovel and axe by her bedroom.

“She has lost her degree of comfort in her home and is constantly checking on her sons,” the judge stated, reading from the report.

Judge O'Connor accepted that Vladislav had co-operated with the garda investigation and was “under the influence” at the time but added “with fire, one cannot be certain of the outcome”.

She said it was a pre-meditated act and that Vladislav had made threats in the past before she sentenced him to three and half years in prison with the final 12 months suspended.

Dean Kelly BL, defending, said at the earlier sentence hearing that Vladislav had been living here for ten years and had worked "ceaselessly" during that time in various jobs.

He said Vladislav had a significant problem with alcohol and its use and abuse was the backdrop to all the problems in his life.

Mr Kelly said the plea was accepted on the basis that Vladislav was reckless as to the possible outcomes but not that he intended to cause death or serious injury. He said his client acknowledged the gravity of the offence.

Counsel said he was making the case that Vladislav was not the sum of what happened in the early hours of that day and submitted that a probation report might also be of assistance.

Detective Garda Donal O'Connell told John Quirke BL, prosecuting, that Vladislav was living in the house with a woman, her two adult sons and a student.

He said things were initially fine in the house but disharmony arose following a party where Vladislav was prevented from driving when he was drunk.

He said that in the period before the offence Vladislav was of the opinion that one of the people in the house had taken his mobile phone.

He said that Vladislav would become aggressive and abusive when drinking and make threats to people in the house but things would then die down again.

One of the residents said she would sleep with her door locked at times due to the accused.

The court heard that on the evening of the offence gardaí were called to the house after neighbours noticed a “commotion” going on.

Vladislav, who had been drinking with three friends in the garden of the house, had been confronted by the other residents after grabbing a phone from one of them.

During the commotion Vladislav had grabbed the arm of one of the residents and put a knife to her throat before threatening to kill her and her sons and burn them.

He repeated the threats to kill and burn them in a later phone call. He left the area before gardaí arrived.

The residents were still awake at 2pm when smoke began coming into the house. The fire brigade attended and helped to put out the fire.

The front door was badly burned but no fire had encroached inside the house. Accelerant had been poured on the door.

Vladislav, who has 13 previous convictions, was arrested the following day.

The garda agreed with Mr Kelly that the incidents of violence at the house prior to the arson had been of a "low level" and that Vladislav had got "a blow or two himself."

He agreed that Vladislav had dealt politely with gardai.

 

Almost 6.5 million smuggled cigarettes seized

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Almost 6.5 million smuggled cigarettes have been seized at Dublin Port as part of an intelligence-led operation.

The discovery was made in a shipping container arriving from Vietnam, via Rotterdam, which was said to contain 'paper'.

Revenue officers deployed a mobile x-ray scanner to identify the cigarettes, 'cheap whites' branded "Jin Ling" on Wednesday evening.

The seized cargo have a retail value of €3.5m representing a potential loss to the Exchequer of approximately €2.8m.

Further searches were carried out by revenue officers in counties Roscommon and Waterford.

This latest seizure brings to almost 15 million the number of smuggled cigarettes that Revenue have seized, entering the country in containerised cargo, in the last two weeks.

The investigation into the seizure is ongoing.

State’s case against Larry McCarthy Jnr concludes as Special Criminal Court

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Larry McCarthy Jnr

Larry McCarthy Jnr

The prosecution has concluded giving evidence in the non-jury trial of a Limerick man accused of threatening to shoot a 74-year-old and burn his “house to the ground”.

Larry McCarthy Jnr (39), with addresses at the Old Cork Road and Cornmarket Villas in Limerick, is charged with threatening to kill Noel Moore and threatening to damage Mr Moore's property at Windsor House, Donoughmore, Limerick on July 28, 2015.

Arraigned on the charges before the non-jury Special Criminal Court on Monday, Mr McCarthy Jnr pleaded not guilty to both counts.

Opening the State's case, prosecuting counsel, Diana Stuart BL, told the three-judge court that Mr McCarthy Jnr's sister, Laura, was married to Mr Moore's son, TJ, and that the alleged threats arose out of “ongoing difficulties” between the two families.

Noel Moore has given evidence that while looking out his window on the morning in question, he saw a gentleman with red hair running across his garden. It was Larry McCarthy Jnr who was “roaring at me” and was “in a rage” at his front door, the witness said.

Mr Moore told Ms Stuart that Larry McCarthy Jnr said to him “I'm going to fucking shoot you” and “I'm going to get my buddies to burn your house to the ground”.

Mr Moore, a 74-year-old market stall-holder in Limerick, said he knew Larry McCarthy Jnr for “many years, since he was a young boy. I believed what he was saying to me, (that) he was capable of doing it, of shooting me.”

Under cross examination from defence counsel, retired judge Barry White SC, Mr Moore denied propositions that his son TJ was the “driving force” behind an ongoing family dispute.

Memos of Mr McCarthy Jnr's garda interviews were read to the Special Criminal Court today.

The court heard Mr McCarthy Jnr telling detectives that TJ Moore's door was broken in by gardaí, that damage was caused to the door and that TJ Moore was blaming Mr McCarthy Jnr for what happened.

Mr McCarthy Jnr told detectives that he asked Noel Moore to speak to his son TJ and explain to him that he should go through the "proper channels" such as the Garda Siochanna Ombudsman Commission (GSOC) about the damage to his door.

Mr McCarthy Jnr told detectives that if he didn't have a bail condition not to talk to TJ Moore, he would have spoken to him himself so, he said, he spoke to his father Noel Moore instead, the court heard.

Mr McCarthy Jnr told detectives that CCTV on Noel Moore's house would show that when the alleged threats were made “we were walking and talking.

We shook hands. He agreed to speak to his son … I made no threat to kill. All of that will be on CCTV ... Get the CCTV.”

“If you threaten someone why would you shake their hands,” Mr McCarthy Jnr asked the detectives during the interview.

“I hope you get the CCTV and see we shook hands,” the court heard Mr McCarthy telling detectives during interviews that were conducted on July 28 and 29, 2015.

On Tuesday, Patrick Hackett, an unsworn member of An Garda Siochanna, told prosecuting counsel Diana Stuart BL that he downloaded CCTV footage from Windsor House on July 29, 2015.

He said there were three external cameras feeding live footage into the system.

Under cross examination from defence counsel, retired judge Barry White SC, Mr Hackett said there was no recorded footage from the relevant time.

He said the earliest recording on the system was from nine o'clock the previous night and there was no earlier recorded footage than that.

He said it was possible the system had been wiped but there was no way of knowing.

He said it wouldn't be untypical for a home system to store recorded footage for “maybe a day or two”.

Father of the accused man, Larry McCarthy Snr, has given evidence of a phone call he received from his daughter Laura.

Under cross examination today, Mr McCarthy Snr told Mr White that his daughter Laura had been complaining about damage to TJ Moore's door and about parking spaces outside their home.

He agreed there wasn't any designated parking at that location and that three heavy traffic cones filled with concrete had been put by his son-in-law TJ Moore outside of TJ Moore's home.

When asked about evidence relating to the “drugs squad raiding” the home of TJ Moore, Mr McCarthy Snr said their door had been damaged.

Mr McCarthy Snr said he told his daughter that he did not know what happened to the door but that she should ring the gardaí or go to the Garda Siochanna Ombudsman Commission to find out.

He said he had a “very close knit family”.

When asked if he found the whole matter distressing or upsetting, Mr McCarthy Snr said he didn't find it upsetting himself. It was the kids he was concerned about.

They were first cousins, he said, and would have to live with this for the rest of their lives while he and Noel Moore wouldn't be around forever.

He said he would be 60 next month and he believed Noel Moore to be aged 73. He said he knew Noel Moore for “many, many years” and that they grew up on the same street.

Ms Stuart told Mr Justice Tony Hunt, presiding alongside Judge Martin Nolan and Judge Flann Brennan that the prosecution had concluded giving evidence. The trial continues on Monday.

 

Accused "killed pensioners after pretending to be doctor, who carried out autopsies"

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Alan Cawley

Alan Cawley

A Mayo man killed two elderly brothers in their home just hours after telling strangers in a pub that he was a doctor, who would carry out autopsies on any bodies found that night.

Alan Cawley’s murder trial also heard that he threatened to have a one customer ‘committed’ with the help of the Gardaí to prevent him killing his wife.

The evidence was heard today at the Central Criminal Court, where the 30-year-old is on trial, charged with murdering both Thomas Blaine and John (Jack) Blaine. They were found beaten to death four years ago.

Mr Cawley of Four Winds, Corrinbla, Ballina, Co Mayo has admitted killing the brothers, both of whom had speech impediments and other illnesses. However, he has pleaded not guilty to murdering them on 10th July 2013 at New Antrim Street in Castlebar.

Michelle Nally testified that she was bar manager at The Irish House in the town, but was off duty and socialising there on the night of 9th July that year.

She told Denis Vaughan Buckley SC, prosecuting, that a couple she knew, Mick and Maureen Lacey, came into the bar. They were followed a short time later by a man she didn’t know; it’s accepted that this was the accused.

“He seemed to go straight over to them,” she recalled. “At first, Maureen seemed to be ok but after a while I heard her saying: ‘Leave us alone’.”

She said she invited Mrs Lacey to join her and her friend, as she looked ‘very uncomfortable’.

“He followed her over,” she said. “He was saying that Michael Lacey had health issues and he thought that Michael was going to kill Maureen that night. He said he wanted to ring the Gardaí on him, that he was afraid for her.”

She said this man claimed to be studying to be a doctor and to have done four and a half years of his training.

“He said he was working in the mortuary in Castlebar and that if her body, or any body, was found in the morning, he’d be doing the post mortems,” she said.

“I said they were very serious accusations and he had no right to be saying it,” she continued. “He said he had the authority to do it because he was training to be a doctor.”

She said she asked him outside to speak to him and asked him his name.

“He said he was Alan McDonagh from Cavan, his grandparents were part of the Traveller community but he was settled,” she said. “He had settled as a child and that’s why he was training to be a doctor.”

She said she asked if he would mind her ringing the HSE in the morning to report him; he was drinking at 11pm, and would possibly be carrying out a post-mortem exam at 6am. She was also going to mention the serious allegations.

She said he became angry when she put her hand in her pocket, and asked if she was recording.

She said that she and her friend were also getting very uncomfortable by this point, and she told him he could finish his drink outside, but not to come back onto the premises.

“He was talking slow but I could understand him,” she explained. “I didn’t know what to think. At first I had no reason in the world to doubt him.”

She thought that he might have been on drugs.

“I didn’t know if he was acting crazy,” she added. “I was fearful.”

She said that she’d had every intention of calling the HSE the next morning but, when she heard the news about the Blaine brothers, she called the gardai instead.

Caroline Biggs SC, defending, put it to her that it had been a completely irrational allegation to make about Michael Lacey.

“Yeah, it was crazy,” she replied. “He didn’t know them.”

The jury also heard from the last person, besides the accused, to see Jack Blaine alive. Barman John Ralph had just delivered a cup of tea to Mr Blaine’s windowsill, when he noticed him with the accused.

He told Mr Buckley that he had known the brothers since he was a child.

“Everyone would know them around town,” he explained.

“Jack used to go around town blessing everything,” he added. “They were complete and utter harmless people. If u grew up in Castlebar, you'd know Jack and Tom.”

He said that he got to know Jack better than Tom during his nine years working in Rocky’s Bar, across the road from their home.

“Every single night I worked there, he came into the pub,” he said.

“What for?” asked the barrister,

“A cup of tea,” he replied, explaining that he would come in between three and eight times a night.

”Even on Saturday night when it was packed, you’d make him a cup of tea,” he said “He’d never ask. He’d come in with the cup.”

Mr Ralph said he would then go across the road and leave the tea on Mr Blaine’s windowsill or go into his house and leave it on the table for him.

“He had his own cup,” he recalled. “It was a Christmas cup as far as I know.”

He said he was ‘very slow’ walking and had ‘a bit of a hunch’, having suffered severe injury working on a building site in England many years earlier.

He said that it was late on the night of July 9th, when he brought him his last cup of tea.

“Jack was coming out beside me,” he said. “This gentleman was on my left-hand side.”

He said he crossed the road and left the cup of tea on the windowsill.

“I saw this lad again,” he said.

It’s accepted that this was Mr Cawley.

Once back in the bar, Mr Ralph looked out the window.

“I could hear him asking was he ok,” he recalled. “This lad had his arm on Jack and Jack patted him.”

He said he’d always looked to see who was with the brothers.

“I thought this lad was no hassle, bringing him across the road,” he explained.

He said he’d seen the same man walking into the town’s presbytery the day before, looking ‘shook’.

“He looked as if there was something on his mind,” he testified. “He stood out. I knew there was definitely something wrong, that he was going in to talk to a priest about something. That’s why he stuck in my mind.”

The trial continues on Monday before Mr Justice Paul Coffey and a jury of four women and eight men.

Man who flung beer bottles at chipper owner to be sentenced

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A man who threw beer bottles at the owner of a chipper and subsequently fled to Australia while on bail will be sentenced later this month for assault.

Ethan Emmett (24), of Cappagh Drive, Finglas, Dublin 11, pleaded guilty in the Dublin Circuit Criminal Court to assault causing harm in Finglas on March 31, 2011.

Emmett flew to Australia while on bail in 2011 and was only returned to Ireland in March of this year following his serving of a prison sentence in Australia for reckless wounding.

Garda Sergeant John Walsh told Elva Duffy BL, prosecuting, that Emmett entered the chipper in March 2011 at roughly 10pm.

Emmett, who was eighteen at the time of the incident, asked for a loan of a phone charger from the owner. When he was turned down he left the chipper, returning a short-time later with bottles of beer.

He asked to put the bottles in the fridge of the chipper.

The owner agreed to put two bottles into the fridge, but refused to put every bottle in the fridge.

Emmett became irate and started throwing bottles at the owner. He jumped onto the counter and repeatedly threatened to kill the owner, while shouting about “foreign bastards.”

He attempted to enter through the archway to where the owner’s family was located. The owner, fearing for his safety and the safety of his family, grabbed a small knife and Emmett fled the chipper.

Several of the bottles struck the owner, while others damaged the walls of the restaurant and the cooking facilities.

Glass shards from the smashed bottles also got into the food, forcing the owner to throw out everything he had prepared for the night.

The total damage done to the restaurant was estimated to be €2000.

Emmett was arrested three days later by Sgt Walsh. During his arrest Emmett said “I was out of my head and I didn’t know what I was doing.”

John Berry BL, defending, said that Emmett was released on bail and flew to Australia on a tourist visa and stayed in that country to look for work.

He received a five year and eleven-month sentence in Australia after being convicted in 2012 for an incident where he stabbed someone at a party.

While in prison Emmett took several courses, and was trusted to assist in the training of dogs to be given to veterans of the Australian army who suffered from post-traumatic stress disorder.

Emmett was deported upon the completion of his sentence and was arrested by gardaí at the airport when he returned to the country in March.

He has 30 previous convictions which mostly relate to charges when he was a minor. These convictions include assault, criminal damage and public order offences.

Judge Karen O’Connor adjourned the case for sentencing on July 28.

Man left brain damaged after assault returns home after five years in hospital

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Shane Grogan

Shane Grogan

A young man who was left with brain injuries after an unprovoked attack in Co Galway in 2012 has finally returned home.

Shane Grogan (24) was the victim of an unprovoked brick attack during Galway Race week in August 2012.

After spending five years in hospital, Shane's family received planning permission to build a new house on the site of an old dwelling on the outskirts of Tuam, Co Galway.

The house will be adapted for Shane to make it accessible for him to live in and will hopefully include an exercise room and a room for a nurse to stay over night in.

Shane’s father, Joe Grogan, told Independent.ie that it’s been a “long battle” to get Shane home as he has been “living in hospitals for the last five years”.

“He spent time in Beaumont Hospital, Galway University Hospital, the National Rehabilitation Hospital in Dun Laoghaire and in England too for treatment. He’s in a nursing home now and one of us would spend six or seven hours a day with him there,” said Joe.

Joe and his wife Joan’s current home is above a business in Tuam and would not be accessible for Shane. The majority of the funds to build the house are coming from the Care for Shane Foundation which was set up by the Grogans and their friends following Shane’s assault.

“Fundraising was a huge part of where we got the funds. We hold a balloon launch every race week to raise funds for Shane. It distracts us from the week that’s in it,” said Joe.

The Grogans have been campaigning for Shane for the last five years and have met with Health Minister Simon Harris and Minister of State for Disability Issues Finian McGrath, but Joe said it’s a struggle to get Shane the “basic human rights he deserves”.

“Not a lot has been done for people in this country who have brain injuries. It’s very hard. It’s a battle. We’ll win it eventually but sometimes you do meet very negative people who don’t have time for people like Shane,” he said.

Joe finds it “hard to believe” that it’s been five years since Shane’s assault and added that this time of year is hard as the anniversary is approaching.

“He was full of joy that night and had the whole of his life ahead of him. I was with him that night and he was happy because he’d had a few winners that day. He was a fine young man. It’s still very difficult,” explained Joe.

Care For Shane’s Great Balloon Race will take place on Saturday, August 1. You can donate to Care For Shane here

Claire Fox


'I have nothing to hide' – Says husband of missing Tina

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Richard Satchwel

Richard Satchwel

The husband of missing woman Tina Satchwell (51) has offered to undergo a lie detector test to prove to everyone he has nothing to hide in relation to her disappearance.

The offer from Richard Satchwell came as he admitted he was very upset by some of the things being said about him, particularly on social media.

Mr Satchwell repeated his plea for his wife to make contact with him, her family or the gardaí as he said her disappearance has taken all joy from his life.

He offered to take a lie detector test or polygraph to underline his innocence.

"I have nothing to hide," he said.

"If I was asked to take a lie detector test I would take one."

"My wife is going to turn back up or she is going to get in touch with the Gardaí. One way or another this will all come out and, in time, it will (be shown) that I have done nothing."

"I went by what I thought my wife would want me to do - I know my wife better than anybody, I know her better than I know myself."

"I have been with my wife for 28 years - (I have tried to provide) a good quiet, loving marriage and nothing else."

He admitted he no longer trusts the press over the way Tina's disappearance has been reported.

Mr Satchwell agreed to do a final interviews with TV3 to issue a fresh appeal for information.

Mr Satchwell revealed he fell in love with Tina at first sight when she moved from her native Fermoy, Co Cork to northern England over 30 years ago - and his life is now "only an existence" without her.

Tina vanished on March 20 and, despite a major Garda appeal for her including an RTE CrimeCall feature, no trace of her has been found over the past four months.

She was reported missing on March 24.

Tina had no passport, her mobile phone was left in her home and her bank account has not been accessed.

Mr Satchwell returned from an errand in Dungarvan on March 20 to find Tina gone and her house keys on the ground.

"I spotted suitcases gone, the cash box was open and money was gone. Then I got the jitters. There was a large amount (gone)."

"It was money to help renovate the property. She would have enough to keep her going a long, long time."

"There is no describing the feelings that go through your body (when you realise something is wrong)."

"To say your world starts falling apart when you are not sure of stuff is an understatement."

"We celebrated 25 years of marriage just before Christmas so I think yeah (the relationship was good)," he said.

"There has not (been) a sign - not a dickey bird."

"I have tried everything (to find her). I have been to places we like going - I have driven to Killarney."

"She wouldn't get on an airplane - she was terrified of flying."

"My dream is that she will turn up as suddenly as she left - that is what I pray for."

He has now dropped a spare key to his home to Youghal Garda Station in case Tina turns up.

"We are not just a couple. We are best friends and we can talk about anything. I miss all that."

"I miss her laughing, I miss her smiles, there is absolutely no joy left. I miss it all."

"Her grandmother was from Rochdale. She (Tina) went over there and moved in beside my brother. I said to my brother, there and then, I am going to marry her."

"It was love at first sight. I was opposite to what Tina would normally go for. Back then, I was pretty overweight and stuff like that. I wouldn't be the good-looking guy she would normally like. But she fell in love with my personality - the person that I am."

"We got married in Oldham, just outside Manchester."

He urged Tina to make some form of contact to let people know she is safe and well.

"I would say this - Tina, you are in no trouble with the guards, you shouldn't be afraid to get in touch. Send a letter to a member of family, contact a radio station - you don't have to tell them where you are. Just let them know you are safe," he said.

Mr Satchwell said he is co-operating fully with the gardaí.

"I was surprised when they (Gardaí) went for a search warrant (of the Youghal home). I left them to do their job. I have nothing to hide. I have only told the truth," he said.

"The best thing for me is to let the gardaí do what they are trained to do."

However, he said he is deeply unhappy at the way some of his interviews have been portrayed in the media.

"These days my phone doesn't stop ringing - it is usually a newspaper. But I am refusing to talk to them.

"Honestly, since seeing the way they put stuff up, I do mistrust them now."

 

 

Poster photos could not be linked to computer used by accused, trial told

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Eve Doherty

Eve Doherty

A garda accused of harassing a State solicitor could not be linked by any computer used by her to a photograph of the solicitor used on abusive posters, a jury has heard.

Eve Doherty (49), a garda based in Dublin, is charged with harassing Elizabeth Howlin between September 2011 and March 2013 and making false statements claiming Ms Howlin was perverting the course of justice.

On day three of the trial former Detective Inspector Martin Cummins, now retired, showed the jury a poster which had photographs of Ms Howlin and Brendan Howlin TD, a distant cousin of Elizabeth Howlin, printed on them.

The jury has heard that the posters had been left on cars around Ms Howlin's estate in Blackrock, south Co. Dublin. The leaflet falsely stated that Ms Howlin was a corrupt State solicitor and had interfered in the prosecution of a local family of “drug dealers”.

The court heard that the photo of Ms Howlin used in the posters had been taken in 2007 during a meeting between a committee within the Department of Justice and Brian Lenihan, who had recently been appointed Minister of that department.

The photo of Ms Howlin was uploaded to a website called criminalcode.ie, and the photo could only have been obtained from that website, Dt Insp Cummins told Kerida Naidoo SC, prosecuting.

The detective said that he obtained a list of IP addresses that had visited the website.

Michael O’Higgins SC, defending, asked Mr Cummins if any computer connected to Mr Doherty had emerged from that list. Mr Cummins told him this had not occurred.

Garda Sergeant Michael McCarthy said that he had reviewed CCTV footage of the road where the posters were displayed but was unable to identify anyone as the footage was in darkness.

The trial continues tomorrow before Judge Melanie Greally and a jury.

Pensioner in a 'serious condition' following single vehicle collision

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An elderly man is in a serious condition in hospital after a single-vehicle crash in Co Donegal.

The man (80s) was rushed to hospital after the crash on the Letterkenny to Ramelton Road at 12:45 this afternoon.

Gardai said the man remains in a serious condition at Letterkenny General Hospital.

The R245 was closed while emergency services attended the scene.

Catherine Devine 

Pilot flagged absence of Black Rock from Rescue 116 warning system four years ago

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A pilot had flagged the absence of Black Rock from the onboard warning system of Rescue 116 four years ago, new revelations have emerged.

According to an RTE Prime Time report, the error in the helicopter's system was not corrected despite the company learning about the potentially lethal danger.

Captains Mark Duffy (51), Captain Dara Fitzpatrick (45), winch operator Ciarán Smith (38) and winchman Paul Ormsby (53) died when their Coast Guard helicopter crashed 12km off the Co Mayo coast on March 14.

The report also revealed that nine days after the tragic crash, it was discovered that the aeronautical data relating to Skellig Michael was also dangerously inaccurate.

A preliminary report into fatal crash of Coast Guard Rescue helicopter 116 released in April found the vital omission in the aircraft's onboard warning system.

In the report, the Air Accident Investigation Unit said that its initial inquiries have found that an Enhanced Ground Positioning Warning System (EGPW) did not have the 'lighthouse obstacle' included in its database and that 'the terrain of the island' was not listed either.

The Coast Guard’s Search and Rescue service is run by a private operator, CHC Ireland, a subsidiary of global helicopter services provider based in Canada. It won a 10 year €500m contract to provide the service in 2012.

Six months after the tragedy, Prime Time has now revealed there was a chain of emails between Sligo base Coast Guard pilots and a senior CHC manager referring to Black Rock Island and/or other omissions in the EGPWS in 2013.

According to source quoted in the report, Coast Guard personnel were told at a meeting in April that management was trying to establish if this information had been passed on to the company that supplied the database for their system.

That company, Honeywell, told RTÉ Prime Time that they could not comment on an ongoing investigation. "Until that investigation is complete, any inferences or conclusions drawn at this time would simply be speculation."

The Irish Aviation Authority’s State Safety Plan - which provides terrain and obstacle data for use by database suppliers - said that "Black Rock Island was not shown as it does not constitute an obstacle under ICAO (International Civil Aviation Organisation) Standards". The lighthouse was shown but there was no indication that it was located on an island with a highest point of 282 feet.

The Authority said it has no record that it was advised that Black Rock Island was not in the Coast Guard’s EGPWS system. It also confirmed to Prime Time that it only learned that Skellig Michael was inaccurately depicted on their official maps nine days after the Rescue 116 crash.

A revised map was issued last month which increased Skellig Michael from just 174 feet high to its true height of 712ft.

Via Independent 

Tesco to begin removing hazardous chemicals from clothing supply chain

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Tesco in Rush, north Dublin

Tesco in Rush, north Dublin

Tesco has joined a growing list of major high street retailers in beginning to remove chemicals thought to be hazardous from the supply chain of its clothing brand.

Greenpeace said Tesco will immediately begin the process of eliminating 11 groups of hazardous substances from its F&F brand, including phthalates, brominated and chlorinated flame retardants, chlorinated solvents and heavy metals.

The environmental group said the supermarket giant's commitment went beyond chemicals already banned by EU regulations and took a precautionary principle, eliminating those thought to be harmful but not necessarily backed by evidence.

Some 80 international brands and suppliers have now committed to the Greenpeace Detox Campaign since it began in 2011, including Marks & Spencer, H&M, Benetton, Levi Strauss, Aldi, Lidl and Tchibo.

Kirsten Brodde, Detox Campaign leader at Greenpeace Germany, said: "The Detox standard is the new industry baseline. In only six years, forerunners of the textile sector went from total denial and opacity of their supply chain to transparency and the banning of all hazardous chemicals.

"Tesco's commitment shows the rest of the industry that using hazardous chemicals is not an option anymore.

"Tesco now has the opportunity to match the progress being made by other retailers and Greenpeace will monitor it closely to ensure they follow up their commitment."

The campaign calls for members to eliminate chemicals that may harm the environment, even if the type or magnitude of harm is not yet known, increase transparency about the suppliers they use and commit to eliminate all releases of toxic chemicals by 2020.

Alan Wragg, technical director for clothing at Tesco, said: "Our Responsible Sourcing Team has been working with Greenpeace to align all our textile products with the Detox commitment, starting with clothing and footwear, and we've compiled a list of restricted substances to help guide our suppliers.

"This commitment is part of our goal to protect the environment by sourcing products sustainably and responsibly for our customers."

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