A judge has told a Dublin family yesterday he would make no comment on the fairness of their mother's will whose meaning he had been asked to determine.
Judge Peter Smithwick said the evidence before the Circuit Civil Court overwhelmingly supported the view that the former home of Mrs Mary Rice (84) was to go to her son and eldest child, Tony.
He ruled that the house at Walkinstown Drive, Dublin, go to Mr Rice, of Walkinstown, subject only to his obligation under the will to pay €6,350 each to his sisters: Ms Carmel Sweeney, Maynooth, Co Kildare; Ms Marion Byrne, Clondalkin, Co Dublin; and Ms Rosemary Mooney, Clondalkin.
Judge Smithwick said the will had been poorly drafted, but he felt he should not determine that question at this stage. He awarded costs out of the estate to each of the family members.
Man jailed despite 3-year trial delay
A Limerick man has been jailed for five years for stabbing his best friend to death as a trial judge criticised the authorities for an "unacceptable" three- year delay in bringing the case to trial.
Michael Hayes (26), Galvone Road, Kennedy Park, pleaded guilty at Limerick Circuit Court to the manslaughter of James Kelly (42) at Kennedy Park on June 28th, 2001.
Judge Carroll Moran said Hayes had been charged with the offence in August 2004 despite the fact that he had handed in a knife used in the attack to gardaí shortly after the incident.
"That is just not acceptable. There is no point in complaining about delays if it takes the prosecution three years to bring a case," Judge Moran said. "It's not fair on the accused and it's not fair on victims. This case should have been heard two years ago."
The trial heard that the accused, who has 51 previous convictions, stabbed Mr Hayes three times, once in the head and twice in the leg.
Before passing sentence, Judge Moran said that if Hayes had denied the charge and was found guilty by a jury he would have faced a minimum jail term of 10 years. Judge Moran initially imposed a six-year sentence but because of what he called the "unacceptable delay" in bringing the case to trial he reduced the sentence to five years.
Men remanded after court fight
Two men who were involved in a punch-up in court have been remanded in custody for a week.
The incident happened in the foyer of Mullingar District Court on Thursday, as Judge John Neilan was hearing a case just yards away. It took up to 25 gardaí to restrain three men, who were taken to the local Garda station.
They returned to court some time later, and Mr Joseph Donoghue (21), Mullingar, and Mr Stephen Penrose (19), Ballynacarrigy, Co Westmeath, were remanded in custody to next Thursday. Mr Donoghue's brother, John, was remanded on bail after gardaí said there was a suggestion he was trying to break up the row.
Man admits killing his brother
A man has pleaded guilty at Dundalk Circuit Criminal Court to his brother's manslaughter in Drogheda, Co Louth. Jack Wall (30), Shankill, Drogheda, admitted the unlawful killing of Clinton Wall (26) at Marsh Road, Drogheda, on March 5th last year. Judge Raymond Groarke yesterday remanded Wall in custody until April.