Jurisdiction refused by district court in Louth ‘gun' case
Court presenter Sgt John O'Hehir said that DPP directions were not available. A ballistics report was awaited.
Solicitor Paul Moore said that his client was in custody since March 5. Mr Leddy had been granted High Court bail but was unable to meet a cash lodgement condition.
Judge Gráinne Malone said it was not a matter suitable for the district court and refused jurisdiction.
The defendant was remanded in custody to June 23. A date of July 21 was reserved for service of a book of evidence.
Judge Malone said that the DPP has had 'ample opportunity'. The accused was entitled to have matters expedited.
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RTÉ News
30 minutes ago
- RTÉ News
'We won't let this lie' - Keatings seek tougher penalties for road offences
Singer Ronan Keating has said that his family will push for stronger deterrents for fatal road traffic offences after the driver responsible for the death of his brother avoided prison. Ciarán Keating, 57, died after his car collided with a car driven by now 22-year old Dean Harte near Swinford in Co Mayo in July 2023. at Castlebar Circuit Criminal Court last February. He was also found guilty of careless driving causing serious injury to Ciarán's wife, Annemarie, who has been left with life-altering injuries since the crash. The Director of Public Prosecutions has said that it will not appeal the sentence imposed on Harte. The Keatings have many "unanswered questions" over what happened to the father of three and claim that they have been left "scarred by a broken system". In a series of interviews with RTÉ's Drivetime, several members of the family also called for greater penalties for those convicted of road traffic crimes. "All of the pain and the hurt is in losing somebody. This is just disgusting. It's awful - this situation," Ronan Keating said of the sentence given to Harte. "You can't get angry. You're floored. You're disappointed. The system is broken. "As a family, we don't want to send some 22-year-old kid to jail. We don't want to see some kid go to jail who's life is going to be thrown away. That's not what we're looking for. "But what we're looking for is to make sure somebody else doesn't die because of careless driving. That some other family's life is not going to be ripped apart. "It's up to us now, the family, to try to do something about it. We won't let this lie". The singer was also critical of the decision of the DPP to charge Dean Harte with the lesser offence of careless driving causing death. In a statement, the DPP said that while it cannot comment on individual cases, any choice of charge should adequately and appropriately reflect the seriousness of the criminal conduct for which there is evidence, so as to provide the court with an appropriate basis for sentence. In handing down a suspended sentence to Harte, Judge Eoin Garavan said there were a number of mitigating factors he had to take into account, including an early guilty plea, a lack of prior convictions and his acceptance of responsibility for the devastation caused to the Keating family. He also noted how Harte was actively involved in the GAA and in gainful employment. A letter of apology was rejected by the Keating family. "My dad was my hero, my mentor. He will never be forgotten. It's heartbreaking. What is the cost of a life?" said Conall Keating. "Ultimately we are serving the life sentence, not him. It sends a wrong message ... that you can take a life and not spend a single day in prison. Something has to change," he added. "I remember getting the call from my sister Linda, and to hear her voice on the phone, to hear her screams on the phone, it's something I can never forget," Ronan said of learning of the crash. "It will be forever etched in my brain, in my mind. As a family, you find it hard to breathe sometimes." Castlebar Circuit Court heard how Harte, through a lapse in attention, did not correctly undertake a left-hand curve in the road. His Audi A3 then crossed the centre line and crashed headlong into Ciarán Keating's Ford Focus. The court was told there were a number of factors which may have contributed to the fatal crash, including damp weather conditions and worn tyres, but concluded that a lapse in attention was the key factor in causing Harte's car to swerve to the other side of the road into the car driven by Ciarán. The court also heard of a Snapchat message delivered shortly before the crash. Harte and the passenger in his car said it was sent a significant amount of time before that and the judge said he could not take it into consideration. "We're left with many questions, unanswered questions over what happened," said Ciarán's brother Gerard Keating. "We were never given a reason as to why Dean Harte's car left his side of the road and flipped Ciarán and Annemarie's car so hard it flipped over the barrier. "I don't disagree with somebody getting a second chance, but we're the ones left with the scars. "There are things we'll never forget like reading the autopsy report in order to confirm the cause of death". Gerard also said that he retrieved items from the crash site two days after the crash, including a door from his brother's car. "I found the door of Ciarán and Annemarie's car in the ditch. It rocks our confidence in the system and we're just left still scratching our head. "We went to the scene and picked up debris on the road, bits of the car, personal items, a phone holder, blankets, cup holders and then I found the door of the car in the hedge. "Shocked. About 10m from the location, it was the rear driver's side door - impact side," he said. Gerard Keating said that authorities collected the door from him a few days later. "There are many questions. We are just another family that have been scarred by, effected by, a broken system. Ger went there and did a job others should have been doing," Ronan Keating said. Ciarán's wife Annemarie suffered life-threatening injuries in the crash. "She's still suffering, still going to hospital appointments, still going to GPs, dentists, physiotherapists, psychiatrists, counsellors, it just doesn't stop. "She was in the accident and if it weren't for the actions my father took that day, I'd be sitting here mourning the loss of two parents," Conall Keating said. "My mother has severe PTSD (post-traumatic stress disorder), survivors guilt and I don't know how she's going to get through it". Mrs Keating was unable to attend her husband's funeral due to her injuries. This Sunday marks their 33rd wedding anniversary. "They brought Ciarán to her and we were all there with her. And it was so surreal to see her say goodbye to the love of her life in a conference room in a hospital. Casket and bed beside each other. There's no explaining it," the couple's daughter-in-law Amilia said. The Keatings are among a number of families to recently express dismay with sentences imposed by the courts for fatal road traffic offences. They say they have been contacted by other families in similar positions and will push for greater penalties to be imposed. "We've looked at other cases, other families and what they've gone through - some more recent than ours. It's continuing to happen. Something needs to change," Ronan Keating said. "We'd like to see a credible deterrent that every young driver, or any driver for that matter, knows there are serious implications for making a mistake or putting themselves in a careless position. Technology does exist to mitigate some of these circumstances and we'd like to see it used," Gerard Keating added. However, legal experts warn that any move towards stiffer penalties would ultimately be a matter for politicians. Senior Counsel Tony McGillicuddy said: "I think there has to be a genuine debate about this at an Oireachtas justice committee or the appropriate committee to bring in the relevant people who can contribute to this. "Just because one group believes sentences are too light - that doesn't mean objectively that they are. The judges operate within guidelines. "Increasing penalties is a very easy thing to do, the Oireachtas just has to change a figure in a piece of legislation. "Will that result in better road safety and driver behaviour? That's a key question that should be answered by an Oireachtas committee," he said. Earlier this summer, Minister of State for Road Transport Seán Canney met bereaved families, part of the PARC Road Safety Group, who pressed him for an increase in the maximum sentence for dangerous driving causing death. A Department of Transport spokesperson said that it is "progressing a new Road Traffic Bill to support Programme for Government commitments around road safety, including in relation to the penalty points system. "In the preparation of the Bill, the Department will consult with external stakeholders as is typical in the legislative development process. "Any proposal that may impact upon courts and prisons would have to be developed with appropriate input from the Department of Justice".
Irish Daily Mirror
30 minutes ago
- Irish Daily Mirror
Solicitor 'mystified' why gardai didn't seek copy of prisoner's post-mortem
A solicitor has told an inquest that he is "mystified" why a Garda file on the death of a prisoner in custody was submitted to the DPP without including a copy of the post-mortem. Solicitor, Michael Finucane, made his comments during a preliminary hearing of the inquest into the death of Michael 'Skin' Devlin – a father of five with an address in Edgeworthstown, Co Longford on February 21, 2024. Mr Devlin was found unresponsive in his cell at Cloverhill Prison in Clondalkin, Dublin less than two months after his recapture following a period where he had been on the run for almost four years. The deceased was a convicted drug dealer who had been returned to prison in January 2024 after absconding from Shelton Abbey open prison in Arklow, Co Wicklow in the summer of 2020. A previous sitting of Dublin District Coroner's Court in May heard that the results of a post-mortem showed he had died from complications of a rare medical condition which can block a person's airway. General view of Cloverhill Prison in Dublin (Image: PA) The autopsy found he had died from complications of acute adult supraglottitis – a rare, potentially fatal bacterial infection which causes inflammation of parts of the larynx. At a hearing on Wednesday, Mr Finucane, who is representing the deceased's family questioned why a post-mortem had not been sought by gardaí as part of the file it was preparing for the DPP. Mr Finucane complained that there had been no contact with Mr Devlin's family about the progress of the investigation into his death despite the legal obligation to keep them informed, particularly in relation to a death in custody. However, the investigating officer, Garda Cormac Judge, told the hearing that he had contacted the family about a week ago. Detective Inspector Brian Hanley informed the coroner, Clare Keane, that a Garda file on the investigation into the prisoner's death had originally been forwarded to the DPP on May 22. However, Det Insp Hanley said the file had been resubmitted about two weeks ago after it emerged that the original file had been mislaid. Dr Keane confirmed that the DPP had asked her office for a copy of the post-mortem and she said it would be provided. The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week In reply to a question from Mr Finucane, Det Insp Hanley said he was not aware if gardaí had sought a copy of the post-mortem as it was not his case. Following a brief adjournment, the coroner confirmed that gardaí had sought a copy of the post-mortem on August 8. There were tetchy exchanges between the coroner and Mr Finucane after the solicitor's attempts to put questions to Garda Judge were refused. Mr Finucane said Garda Judge was the best witness to provide accurate information about the course of the investigation into Mr Devlin's death. He said he wanted to find out why gardaí had not sought a post-mortem before August 8 and to ask if Garda Judge had delivered the file to the DPP given it had gone missing. Mr Finucane said he could not understand why he was not being allowed to question the garda. The solicitor also asked the coroner if her office had any liaison with the Inspector of Prisons. 'The questions are about the expeditious nature of the investigation or lack thereof,' remarked Mr Finucane. Following another short adjournment, Dr Keane said the solicitor's questions were reasonable and she understood they needed to be answered. The coroner said she would deal with the queries via correspondence, while adding that there was nothing to stop Mr Finucane dealing directly with An Garda Síochána. She granted an application by Det Insp Hanley for a three-month adjournment of the case and listed it for further mention on November 13. Mr Devlin, who came originally from Drogheda Co Louth, was in the closing months of a 10-year prison sentence at the time of his death, although he was due to face further charges over his absconding from Shelton Abbey. The deceased was sentenced to 12 years' imprisonment with the final two years suspended at Dundalk Circuit Criminal Court in October 2014. Mr Devlin, who had 11 previous convictions, pleaded guilty to possession of cannabis for sale or supply at Cartown, Termonfeckin, Co Louth on September 20, 2013. He claimed the offence was related to his efforts to clear a drug debt of €10,000 which he incurred after a quantity of heroin he was minding had gone missing. The court heard Mr Devlin had a long history of drug abuse and developed a heroin addiction in 2009. The deceased's father was also convicted on a similar charge in relation to the discovery of almost 65kg of cannabis worth €1.3 million. Mr Devlin Snr was given a 12-year prison sentence with the final four years suspended. The father and son subsequently lost a joint appeal that their sentences were unduly severe at the Court of Appeal in February 2016. Sign up to the Irish Mirror's Courts and Crime newsletter here and get breaking crime updates and news from the courts direct to your inbox.
Irish Times
12 hours ago
- Irish Times
DPP mulls decision on perjury prosecution over withdrawn evidence in Conor McGregor appeal
A decision is expected later this year on whether to bring a perjury prosecution over new evidence dramatically withdrawn on the eve of Conor McGregor's failed appeal against a civil jury finding that he raped Nikita Hand. Should the Director of Public Prosecutions (DPP) decide to prosecute, it will mark only the second prosecution under a 2021 perjury law and just the sixth prosecution for perjury in the past decade. The new evidence is being investigated by gardaí for possible perjury. On foot of the investigation report, the DPP will decide if there is any basis to bring a prosecution. Ms Hand was awarded €250,000 damages by a High Court jury last November when it found Mr McGregor assaulted her in Dublin's Beacon Hotel on December 9th, 2018. Last month, he was ordered to pay her legal costs, estimated at more than €1.5 million, after his appeal against the jury finding was dismissed. READ MORE The Court of Appeal agreed to refer the withdrawn evidence and related material for consideration of possible perjury. It includes sworn statements by Samantha O'Reilly and her partner Steven Cummins, who lived across the road from Ms Hand in Drimnagh, Dublin, for a time. Ms O'Reilly claimed that from a room in her house, she heard and saw what appeared to be a physical altercation between Ms Hand and her then partner, Stephen Redmond, on the night of December 9/10th 2018. That evidence, Mr McGregor claimed, bolstered his insistence he was not responsible for extensive bruising on the body of Ms Hand, noted by a doctor on December 10th 2018. In a replying affidavit, Ms Hand described the neighbours' claims as 'lies' and said Mr Redmond never assaulted her during their relationship. Just one prosecution has been taken to date under the Criminal Justice (Perjury and Related Offences) Act 2021, which made perjury a criminal offence. The Office of the DPP told The Irish Times that prosecution had resulted in a conviction but said it could not disclose details of the case. The DPP has brought five prosecutions for perjury, including that under the 2021 Act, over the past decade. Before the 2021 Act, perjury offences were prosecuted under common law. Of the five prosecutions since 2015, three resulted in a conviction, one in a decision not to prosecute further because the suspect had died, and one is outstanding. Much of the motivation for the 2021 Act, aimed at making it easier to prosecute for perjury, was to help in bringing down insurance costs by deterring false or fraudulent claims. Senior counsel Ronan Lupton said the Act sets out 'in clear terms' what perjury is – the giving by a person of a 'material' statement in evidence or on affidavit that they know to be false. The Act introduces, for the first time, an offence of 'suborning' (inducing) perjury, he noted. That involves procuring, persuading, inducing or otherwise causing another person to commit perjury, knowing or being reckless whether the other person is committing that offence. The Act provides for penalties of up to 12 months for conviction on a summary offence, and up to 10 years for conviction on indictment. A legal source with experience in prosecutions over alleged false evidence, who did not wish to be identified, believes the difficulty of bringing home successful prosecutions in such cases has contributed to a reluctance within the DPP's office to prosecute them. Whether that will change under the new Act remains to be seen, he said. 'The risk of failure, and the potential costs involved in some cases, are important factors to weigh up. In some cases, every fact could be put at issue. Proving a deliberate lie is a difficult hurdle for any prosecutor.' Proving the offence of suborning perjury presents even more difficulty, he added. In its 2022 post-enactment report on the 2021 Act, the Department of Justice said some people have 'all too frequently' deliberately lied in court or misrepresented the truth in affidavits and the Act was developed to create 'significant deterrents' against that. The Act was envisaged as part of a package of government measures dealing with insurance issues, insurance fraud and exaggerated claims, it said. The report noted that, while the offence of perjury was already provided for in common law, the historic levels of investigations and prosecutions for perjury were 'low'. It was satisfied that the Act 'will play an important role in providing a clearer legal framework through which our law enforcement authorities may be guided in decisively taking action in the area of perjury' and expected it will, over time, have an impact on the numbers of complaints, investigations and prosecutions.
