In short. . .

A round up of today's other stories in brief.

A round up of today's other stories in brief.

Right of way claim struck out by court

A claim that a right of way exists to ancient ruins at Kilternan, Co Dublin, has been struck out by the Circuit Civil Court.

Judge Alison Lindsay has granted local landowner Terence Byrne a declaration that a public right of way does not exist over his lands in Kilternan from Bishop's Lane to the "Druid's Altar."

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Caroline Munro, for Mr Byrne, had challenged claims by Dún Laoghaire- Rathdown County Council that a right of way existed to a Dúchas heritage site known as the megalithic tomb.

Carol O'Farrell, for the local authority, told Judge Lindsay the council was not offering any evidence to support its contention of the existence of the right of way despite its inclusion in the 2004 to 2010 development plan.

Seizure of assets case for March

An application for the confiscation of the assets of a convicted killer who is serving a 10-year sentence for drug-peddling will be heard next March at Dublin Circuit Criminal Court.

Abraham Turner (37), Cherry Grove, Walkinstown, Dublin, was jailed in July 2004 after he pleaded guilty to the unlawful possession of heroin for sale or supply in January 2003.

Judge Desmond Hogan was told then that Turner had more than 30 previous convictions and was jailed for five years in 1985 for stabbing a man to death. He suspended the final two years of the 10-year sentence.

Murder jury fails to reach verdict

The jury in the trial of a Waterford man who stabbed another man to death after intervening in a row over a CD was sent to a hotel last night, after failing to reach a verdict.

Anthony Stone (21) Ardmore Park, Ballybeg, Waterford, has pleaded not guilty at the Central Criminal Court to the murder of Simon Carton (33) at his flat on Barrack Street, Waterford city. However, he admits the manslaughter of Mr Carton whom he stabbed seven times with a kitchen knife.

He claims he came to the aid of his friend who he says was on the ground being choked by Mr Carton in a row over a UB40 CD.

The jury has been told by Mr Justice Éamon de Valera that it can find Mr Stone guilty of murder or guilty of manslaughter.

The jury will resume its deliberations today

Killing not in self defence, jury told

The jury in the trial of a Dublin man who denies stabbing a young father to death has been told the accused was not acting in self defence. Mark Warner (22), Donomore Avenue, Tallaght, denies murdering Jamie Keogh (17), Millbrook Lawns, Tallaght, on July 30th, 2004.

In his closing statement at the Central Criminal Court yesterday, Justin Dylan SC, prosecuting, said Mr Warner could not be justified in stabbing Mr Keogh. He claimed his brother, who was involved in a fight with Mr Keogh before the stabbing, was under no threat and did not need to be defended.

Brendan Grehan SC, defending, said Mr Stone did not deny stabbing Mr Keogh, but claimed that he did so because he felt under threat.

Mr Justice Henry Abbott began his charge after which the jury will be sent to consider a verdict.

€8,000 damages for eye injury

A canteen supervisor, whose eye was splashed with cleaning fluid containing caustic soda, has been awarded €8,000 damages in the Circuit Civil Court.

Mr Justice Matthew Deery was told that Lisa Whelan (38), Giltspur Wood, Bray, Co Wicklow, ran the staff canteen in Lake Holdings, Beech House, Greenhills Road, Tallaght, Dublin.

She told her counsel, Niamh O'Carroll, that she had decided to clean the floor and pressed a button on a cleaning fluid dispenser on the kitchen wall. The fluid had squirted into her eye.

Customs seize €1m worth of cigarettes

Officers from the Revenue's Customs service seized 2.5 million contraband cigarettes that arrived on a ferry from Cherbourg, France, at the weekend.

Valued at over €1m, the cigarettes were seized as were an articulated truck and trailer in which the cigarettes were found in boxes labelled "lettuce".

The truck driver, a Northern Ireland resident, was released after questioning and investigations are continuing. A Revenue statement said the potential loss of revenue amounted to €845,000.

Ryanair aircraft in emergency landing

A Ryanair Boeing 737 aircraft was undergoing technical examination yesterday after engine failure forced its pilot to make an emergency landing at a Swedish airport on Tuesday night.

Flight FR 2195 was en route from Tampere to London Stansted when the pilot detected a problem with one of the two engines. The pilot was forced to shut down the engine before making an emergency landing in Malmo, Sweden.

The aircraft landed safely and all 106 passengers and six crew were unharmed.

Passengers experienced a delay of just over three hours before another Ryanair aircraft was diverted to Malmo, less than 400 miles southwest of Stockholm. The arrived in Stansted airport in the early hours of yesterday morning.

New deputy chief of Defence Forces

Minister for Defence Willie O'Dea has announced the appointment of Brig Gen Pat Nash as deputy chief of staff of the Defence Forces. Gen Nash, who will be in charge of operations in the Defence Forces, will take up his new posting on December 3rd.

He will succeed Maj Gen Seán Brennan who has been granted permission to retire from the Permanent Defence Force on voluntary grounds.

Gen Nash (59) is currently serving in Collins Barracks, Cork.

Irishman on US murder charge

A Fermanagh construction company owner has been charged with killing a 76-year-old taxi driver and his passenger after crashing into a cab while escaping from police, writes Seán O'Driscoll in New York.

San Francisco police say Kevin McGuinness (43) had three prior drink-driving convictions and was over twice the legal drink-driving limit when he crashed into the cab as he was escaping from a minor car accident on October 9th.

Mr McGuinness, a prominent member of San Francisco's Ulster GAA club, has been denied bail and is due in court on November 30th, charged with second-degree murder, a charge he contests.

Celine Kennelly, a spokeswoman for San Francisco's Irish Immigration Pastoral Centre said the case has "shattered" the Irish community there. "Kevin doesn't have an enemy in the world,"she said.

Mr McGuinness panicked after his pick-up truck hit one car and then ploughed into the cab while trying to escape a crash, police said.