Law professor Diarmuid Phelan, aged 54, is set for a high-profile trial in the upcoming law term for the alleged murder of Keith Conlon. The incident occurred at Hazelgrove Farm, Kiltalown Lane, Tallaght, seeking to resolve a shooting event that left the father of four fatally injured. Phelan’s case will be heard in the Central Criminal Court on October 7th, the first day of the new court term.
In another matter set for the same day, 42-year-old Ruth Lawrence, originally a resident of Clontarf, Dublin, is accused of murdering two men. The victims, Anthony Keegan and Eoin O’Connor, were in their early thirties when their bodies were discovered a decade ago. The remains were located on Inchicup Island on Lough Sheelin, bordering Meath and Cavan. The alleged death likely occurred between April 22nd and May 26th, 2014.
Further topics for the court’s consideration include an appeal by two men on October 8th. The pair were previously convicted by the nonjury Special Criminal Court with charges linked to the infamous 2016 gang warfare at the Regency Hotel in Dublin. The court had determined in a lengthy 52-day trial that the attack, which culminated in the murder of Kinahan gang boss, David Byrne, was plotted and executed by a rival gang, the Hutch organisation. Interestingly, Gerry Hutch, a Dublin native, was cleared by the three-judge panel of any involvement in Byrne’s demise.
After assisting in a violent attack, Paul Murphy (61) of Cherry Avenue, Swords, and Jason Bonney (52) from Druimnigh Woods, Portmarnock, Co Dublin were found guilty and sentenced to a nine and 8½-year imprisonment respectively for offering escape cars.
A court appeal expected this November involves three men contesting their convictions linked to the brutal abduction and assault of former executive of Quinn Industrial Holdings (QIH), Kevin Lunney, which took place in 2019. Convicted by the Special Criminal Court last November, Alan Harte (42), Alan O’Brien (40), and Darren Redmond (27) all from Dublin’s East Wall, were accused of wrongful confinement and intentional infliction of severe harm on Mr Lunney at Drumbrade, Ballinagh, Co Cavan, on September 17, 2019.
During his testimony, Mr Lunney shared the traumatising experience of being forced into a boot of a black Audi and driven to a container. He was coerced into resigning as a QIH director and to stop pursuing a lawsuit he was part of. The nightmarish ordeal included his leg being shattered with a plank, a facial injury, and the engraving of “QIH” on his chest. Dumped in a rural lane after being drenched in bleach, he was later found by a tractor operator.
The legal claim of the prosecution was that the assault on Mr Lunney had been organised by a notorious criminal, Cyril McGuinness, who passed away four years earlier. The Special Criminal Court gave Harte, identified as the chief orchestrator of the offence, a 30-year sentence. O’Brien and Redmond earned 25 and 15 years of imprisonment respectively. The inclusion of mobile phone records and CCTV footage is anticipated to be central during the appeals.
In an unrelated case, a lethal shooting on Christmas Eve at Browne’s Steakhouse in Blanchardstown resulted in seven men appearing before the non-jury Special Criminal Court scheduled for November. Tristan Sherry (26), a known mob hitman, suffered fatal head injuries and succumbed 11 days later in hospital after shooting Jason Hennessy snr (48) at the eatery on December 24th, 2022.
David Amah, 18, from Hazel Grove, Portrane Road, Donabate, Co Dublin; Michael Andrecut, 22, of Sheephill Avenue, Dublin 15; 18-year-old Noah Musueni from Corduff Park, Corduff, Dublin 15; and Wayne Deegan, 25, from Linnetsfield Avenue, Phibblestown, Dublin 15, have all been indicted with charges of murder.
Jaures Kumbu, 18, hailing from Brookhaven Grove, Blanchardstown, faces allegations of illegal possession of a submachine gun on Main Street, Blanchardstown, on the same day.
A minor, who was 17 during the time of the incident, whose identity remains undisclosed, and Jonas Kabangu, 18, whose given address is undisclosed due to security purposes, have been charged for participation in violent commotion on December 24th at a local steakhouse.
Brandon Hennessy from Sheephill, Blanchardstown, who is the son of Jason Hennessy senior, stands accused of participating in violent unrest by either employing or posing a threat of violence, an act that could inflict fear in someone present, in violation of Section 15 of the Criminal Justice (Public Order) Act of 1994.
In relation to child sentencing, the Supreme Court is set to hear two interconnected appeals in October, which could greatly impact the sentencing of juveniles who have been charged with grave offences wherein the typical maximum sentence can be a lifetime detention.
One appeal has been put forth by a minor who was convicted of murder when he was merely 14. A life sentence, with a possibility of review after 13 years, has been awarded to him.
Another individual, who was 17 when he pleaded guilty to murder in a separate case, has received a similar sentence. He stands against this sentence. He has also appealed a judgement (currently on hold until the appeal is finalised) that allows him to be identified since he had attained the age of 18 during his appeal hearing.
Earlier this year, in a separate case, the High Court decided that it’s unconstitutional to give a mandatory life sentence for murder to a child who has turned 18 prior to the sentencing. For this purpose, the government has given the green light to a new legislation to address this issue.
Carers’ rights.
A ruling determining the rights of caregivers is anticipated from the Supreme Court. The case was brought forward by a mother who was denied full caregiver’s allowance for her severely disabled son due to her partner, who is also the boy’s father, earning €848 per week.
This appeal garnered attention just after the rejection of the care and family referendums and called into question the interpretation of Article 41.2 of the Constitution. This article, which received majority votes in the referendums held in March, encourages the state to ensure that mothers are not forced to work outside the home, neglecting their domestic responsibilities, due to financial necessities.
There are several other notable cases. On October 16th, the Court of Appeal will hear an appeal brought forward by Prof Philip Nolan following a High Court refusal to continue an injunction that would prevent his dismissal as director general of Science Foundation Ireland. Nolan argues that his dismissal breaches fair procedures and the foundation’s contractual obligations. Science Foundation Ireland maintains that his contract of employment was rightfully terminated.
The High Court continues to handle numerous applications for the detention of males and females of various age groups who have severe eating disorders under its inherent jurisdiction. The HSE regularly requests such orders due to serious life and health risks.
The Assisted Decision-Making Capacity Act allowed the new Decision Support Service to become fully operational last year. The Act stipulates around 2,000 adult wards of court to be discharged from High Court wardship within three years. The court will determine necessary decision-support arrangements in each case.
Legal sources have pointed out that the committees representing wards have been hesitant to request discharge orders, mainly because they believe the court serves the wards’ interests well.
In October, the High Court’s commercial division will reconvene to hear the extensive litigation regarding insurers’ refusal to compensate leasing companies for valuable aircraft stranded in Russia.
Lawyers involved in what has been nicknamed the “gravy planes” case command hefty fees, with some senior counsels receiving brief fees of up to €1 million and daily rates of up to €7,000. The litigation which commenced last June is set to continue until February next year unless a settlement is reached.
Solicitors engaged in other branches of the High Court, particularly family and childcare sectors which regularly exert substantial impact on the lives of individuals, can only aspire to such remunerations. The expense of legal representation might be a factor in the minds of the administrators at Wilson’s Hospital School in Co Westmeath. As they brace for a third consecutive year of legal proceedings, no end appears to be in sight. The issue centres around the teacher, Enoch Burke, who continues to be imprisoned for defying High Court directives to keep clear of the institution.