A Dublin woman’s double murder trial, hurling legend DJ Carey’s sentencing for a cancer fraud and the fate of ministers of State at the cabinet table are among the cases coming before the courts in the new law term.
The trial of Ruth Lawrence, accused of murdering two men whose bodies were found on an island in a midlands lake, is listed for hearing before the Central Criminal Court as the term opens next Monday.
Ms Lawrence (42), originally from Clontarf in Dublin, is charged with the murders of Anthony Keegan (33) and Eoin O’Connor (32), whose bodies were found on Inchicup Island on Lough Sheelin near the Meath-Cavan border on May 26th, 2014.
DJ Carey
Former Kilkenny hurler DJ Carey faces a sentencing hearing on October 29th after admitting defrauding a number of people out of money while pretending he had cancer.
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Carey (54), with an address at Newtown, Maynooth, Co Kildare, entered guilty pleas before Dublin Circuit Criminal Court in July to 10 counts of dishonestly inducing people to pay him money after he fraudulently claimed to have cancer and needed finance for treatment.
The indictment spans 2014-2022 and the admitted counts involve 13 complainants, including businessman Denis O’Brien.
Ashling Murphy murder
Another sentence hearing coming up this month involves the wife of convicted murderer Jozef Puska, his two brothers and their wives on charges connected with their actions in the wake of Puska’s murder of schoolteacher Ashling Murphy in Tullamore, Co Offaly, in January 2022.
Puska’s two brothers Lubomir Puska jnr (38) and Marek Puska (36), and their wives, Viera Gaziova (40) and Jozefina Grundzova (32), were convicted last June.
A Central Criminal Court jury accepted the prosecution’s case that both brothers misled gardaí investigating Ms Murphy’s murder by failing to disclose crucial and vital information when they gave witness statements, while their wives burned Jozef Puska’s clothes to impede his arrest or prosecution.
Before their trial opened, Puska’s wife, Lucia Istokova (36), had pleaded guilty to withholding information from investigating gardaí.
The sentencing of all five was adjourned to next Tuesday.
Tom Niland killing
Three men separately face a sentence hearing for the unlawful killing of 73-year-old Tom Niland, who was brutally beaten in his rural home in Co Sligo where he lived alone.
After breaking into Mr Niland’s home at Doonflynn, Skreen, on January 18th, 2022, the three assaulted him, took his wallet and drove to Lough Easkey where they disposed of the wallet and other items that might link them to the crime.
John Irving (31) of Shanwar, Foxford, Co Mayo, Francis Harman (58) of Nephin Court, Killala Road, Ballina Co Mayo and John Clarke (37) of Carrowkelly, Ballina have pleaded guilty to manslaughter over the death of Mr Niland.
He suffered brain and other injuries following the assault and was put on life support but died from his injuries 20 months later.
Victim impact statements from the Niland family and probation and psychological reports for Irving will be heard on October 13th.
Crystal meth haul
In the nonjury Special Criminal Court, the trial of James Leen on charges related to the largest ever haul of crystal meth in the State is set for October 6th.
Leen (41), of Pilgrim Hill, Kilmorna, Listowel, Co Kerry faces five charges including directing the activities of a criminal organisation between February 7th 2023 and February 16th 2024.
He is also charged with importation of methylamphetamine, better known as crystal meth, at Cork Port, Ringaskiddy, Co Cork on October 16th, 2023, and possession of crystal meth at Ballyseedy Garden Centre in Tralee between October 27th, 2023, and February 12th, 2024, contrary to S.15A and S.3 of the Misuse of Drugs Act.
Ministers of State at the cabinet table
In the High Court, judgment is expected in late October on significant cases by two Opposition TDs claiming that the attendance of super-junior ministers at meetings of government is unconstitutional.
The cases by Sinn Féin TD Pa Daly and People Before Profit-Solidarity TD Paul Murphy centre on the interpretation of article 28 of the Constitution, which limits the number of Government members to 15 and provides that they meet and act as a collective authority.
Senior government ministers are appointed by the president of Ireland on the advice of the taoiseach and with prior approval of Dáil Éireann.
“Ministers of State attending cabinet” are appointed by the government on the nomination of the taoiseach. These super-junior ministers participate at government meetings but do not vote.
The cases were heard last July by a three-judge divisional court, presided over by the High Court president, Mr Justice David Barniville, with judgment reserved.
Dublin Airport noise
The High Court’s busy planning and environment list includes actions involving Aer Lingus, Ryanair, and local residents concerning the number and noise of night flights at Dublin Airport, which may be heard before the end of this year.
Conor McGregor application
In the Supreme Court, a panel of judges is expected to consider the application by former mixed martial arts fighter Conor McGregor seeking another appeal over a High Court civil jury’s finding in favour of Nikita Hand in her civil action in which she alleged he raped her in the Beacon Hotel in south Dublin on December 9th, 2018.
The Court of Appeal last July rejected McGregor’s appeal on all grounds. It also dismissed an appeal by Mr McGregor’s friend, James Lawrence, of Rafter’s Road, Drimnagh, against the High Court’s refusal to award costs to him against Ms Hand after the jury found she was not assaulted by Mr Lawrence after Mr McGregor left the hotel.
Mr Lawrence is also seeking to have the Supreme Court hear an appeal over the costs refusal.
The Supreme Court will hear an appeal only if its panel of judges decides a case raises a point of law of general public importance or an appeal is in the interests of justice.
Renewables case
Among several important judgments pending from the Supreme Court, one concerns an appeal by An Bord Pleanála in a landmark renewable energy case.
The board appealed the High Court’s overturning of its refusal of permission to Coolglass Wind Farm Limited for a 13-turbine wind farm in Co Laois.
The refusal was on the basis the proposed development would materially contravene the county development plan.
The High Court quashed the refusal after finding the board failed to comply with its obligations under section 15 of the Climate Action and Low Carbon Development Act 2015, and in particular failed to exercise its discretion to materially contravene the development plan.
The appeal involves the Supreme Court considering important issues including the extent of the obligations imposed by section 15 on planning authorities.
Violent offences in intimate-partner relationships
Another significant pending judgment is expected to clarify the proper approach to sentencing for violent offences committed in the context of intimate-partner relationships.
The issue, which has not previously been considered by the Supreme Court, arose in a man’s appeal against the near-doubling of his sentence over forcing his then-partner into the boot of her car and later savagely beating her.
Soufiane Mountassir is serving a 5½-year sentence after the Court of Appeal decided his original three-year sentence was too lenient.
Mountassir (41), with an address at Mountjoy Square, Dublin 1, pleaded guilty at Dublin Circuit Criminal Court in December 2023 to false imprisonment of the woman in Dublin 8, and assault causing harm to her on Blackhall Street, Dublin 7, in the early hours of November 13th, 2022.
Resentencing of teenagers
The Court of Appeal has fixed November 18th to resentence two offenders who were teenagers when convicted of separate murders and are now adults. The resentencing follows a landmark Supreme Court ruling that trial courts do not have the power to review sentences.
The appeal court will hear submissions before resentencing a teenager convicted of murdering Urantsetseg Tserendorj, a Mongolian national and mother of two, who died after she was stabbed in the neck in Dublin in January 2021. The youth was 14 at the time.
The court will also resentence a 17-year-old youth who pleaded guilty to murdering Cork student Cameron Blair in January 2020.
Both offenders were separately sentenced to life in detention with a review after 13 years but the Supreme Court ruled last March a sentencing court has no jurisdiction to review terms of detention imposed on child offenders.
It said life sentences for a child convicted of murder should only be imposed in exceptional cases where evidence showed the intentions and actions of the child were akin to those of an adult.
It also held that a court may partly suspend a sentence imposed on a child convicted of murder and serious crimes.
