Kerry couple relive ‘joyous occasion' of marriage equality a decade on
Martin Greenwood and husband James Bergin were among the thousands of gay and straight people campaigning for same-sex marriage during the historic Thirty-fourth Amendment of the Constitution (Marriage Equality) Act in May 2015.
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The Journal
4 days ago
- The Journal
Man who sexually assaulted five women at Lough Derg pilgrimage site jailed for four years
A WORKER AT the Lough Derg pilgrimage site, who lured five women into helping him at the retreat so he could sexually assault them, has been jailed for a total of four years. Tomas Gallagher asked the five female victims to help him repair washing machines and tumble dryers during a series of incidents at the renowned religious setting. A court heard he sexually assaulted the women at the site. Details of the plans hatched by Gallagher were outlined before Letterkenny Circuit Court last week. Gallagher, 42, initially denied the charges in interviews with gardaí. He subsequently pleaded to seven charges in all, four for sexual assaults of adults, two for sexual assault on children and one charge of invitation to a child to sexually touch. Today, having considered reports on Gallagher as well as the statements from his victims, Judge John Aylmer jailed the father-of-one for five years with the last 12 months suspended. He said the crimes, as outlined in the case, were 'egregious acts of violence in a sacred place of pilgrimage'. He told Gallagher that his crimes were 'deceitful' and 'premeditated' and that he placed them in the mid-range for such offences and which merited a sentence of seven years before mitigation. In mitigation, he noted an early plea, the fact that the accused had no previous convictions, that he appeared to be remorseful and ashamed of his actions. Judge Aylmer also noted that Gallagher had undertaken 24 counselling sessions, that he was fully cooperative and that he had been ostracised in the local community. Taking the totality factor into account and that all sentences will run concurrently, Judge Aylmer said he was reducing the overall sentence to one of five years. He then added that with regard to all efforts to encourage rehabilitation and the fact that it needs to be encouraged, he suspended the final twelve months of that sentence, meaning Gallagher will serve four years in prison. He is also to go under the supervision of the Probation Services for 12 months. Gallagher, from Rathanlacky, Dunkineely pleaded to a total of seven charges against five different women at the holy island on the shores of Lough Derg. He pleaded to six charges of sexual assault at St Patrick's Purgatory. These offences are contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990, as amended by Section 37 of the Sex Offenders Act 2001. He also pleaded that in the same period and location, he did attempt, by inviting, inducing, counselling or inciting a child to sexual touching. This offence is contrary to Section 4 Criminal Law (Sexual Offences) Act, 2017. The victims, who cannot be named to protect their identity, ranged in age from their early teens to more mature women in their later years. All the offences took place in 2022 when Gallagher worked both as a maintenance man at the retreat, as well as driving a boat taking pilgrims to and from the island. Lured victims by asking for help Barrister for the state, Ms Fiona Crawford, BL and investigating Garda Joanna Doherty outlined the details of the incidents. Statements given to gardaí by the victims told how Gallagher had approached them, asking them to come into a laundry room as he needed help fixing various machines. The statements outlined how the unsuspecting women were asked to reach behind them into the machines while Gallagher fixed a 'pipe'. The women thought they were holding a pipe, but instead they were gripping the accused man's penis. On one occasion, Gallagher told one of his victims to twist the pipe like she was 'revving a motorcycle'. Gallagher told another victim that the 'pipe' would be soft and moist. Advertisement An older victim was approached by Gallagher who asked her to reach behind a dishwasher and hold a pipe, but she 'knew immediately it was no pipe' as it was warm and soft and felt like a penis. The woman couldn't see it, but the shocked woman jumped back and shouted: 'What the fuck is that?' The woman didn't tell anybody else about the incident that day but felt upset and did later tell her daughter about what had happened. On another occasion, Gallagher asked a young teenage girl to help him with a washing machine and asked her to hold a 'pipe'. She grabbed his penis and he told her to 'hold it there' as he chatted to her about school. The girl said how the pipe didn't feel like plastic but was warm and had a rubbery texture, and that it felt sticky or sweaty. Another teenager said Gallagher asked him to assist her with a tumble dryer and told her to put her hand behind a wooden board, and he got her to hold something. He told the girl to hold the 'pipe' harder and then to loosen it and then to increase her grip before he said: 'Yeah, that's fine.' The young woman said the pipe was 'squishy, wet and warm' and when she stood up she saw Gallagher's penis sticking out from the zip of his trousers. Denied accusations with gardaí One young woman eventually came forward and told a person in charge what had happened, which led to others coming forward making complaints of a similar nature against the man. Gallagher was interviewed by gardaí on three occasions and initially denied anything had happened. During one interview with Detective Garda Paul McHugh, Gallagher admitted asking one woman to hold a pipe on a tumble dryer as it had been leaking. He claimed the woman had got up and left for no apparent reason, and he had been left nervous and embarrassed by the incident. He later admitted the offences and entered a guilty plea. Victim impact statements from the women were read out in court, while two young women chose to read out their own statements. Victims feel vulnerable and intimidated One young woman fought back tears as she told how despite being the victim, she felt ashamed and disgusted by what had happened and often thinks about if she could have stopped this from happening to other women. She added that she often thinks about Gallagher's son and that she prays that he is safe. An older victim said she feels vulnerable and intimidated by what had happened and that she is sorry that she did not speak up sooner, but was afraid that people would laugh at her or not believe her. Another victim told how she was a student but failed her exams because she became depressed after Gallagher's assault on her. She later completed her exams and was proud of herself and was determined not to allow her attacker to ruin her life further. She said she still feels he stole something from her. A teenage victim said she has been forced to attend counselling because of anxiety and that she is now always on edge and simply cannot trust men. She decided not to come to court, as she feared that seeing Gallagher again would trigger her anxiety. Another woman, who now lives abroad and gave her evidence by video link, said she lives in an apartment with a lift and if a man gets into the lift she can't stop thinking 'what if?' She said she realises that she should not tar all men with the same brush, but Gallagher's attack had made her an angrier, wearier and a meaner person as a result. She added that she does feel disgusted by what had happened but sometimes feels glad that he had chosen her and that she had alerted the authorities to what was happening as she hated to think what number of victims there might have been. Man apologises Gallagher took to the witness stand and said he wanted to apologise to his victims. He said he 'truly regretted' his actions and was sorry for the hurt and pain he had caused his victims and their families. Asked by his barrister, Mr Colm Smyth, SC, if he realised this was a huge breach of trust, Gallagher replied that he did. He said he had engaged in 24 counselling sessions to better understand the impact his actions have had on others. Mr Smyth said his client accepted full responsibility for his actions, that he had now lost his employment and had become a pariah in the local community because of the publicity surrounding the case. He added the fact that the offences took place in a sacred place, a place of pilgrimage for Christian people going back many centuries, also had to be acknowledged. Mr Smyth suggested to Judge John Aylmer that there also has to be 'light at the end of the tunnel' for Gallagher, asking him to consider his client's remorse, his blameless life up until now and his guilty plea. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
7 days ago
- The Journal
Father of soldier killed in Lebanon in 1989 appeals to government to update Army Pensions Act
THE FATHER OF Private Michael McNeela, an Irish peacekeeper who was shot dead by Israeli-backed militia in Lebanon in 1989, has said that he feels 'let down' by the government's stance that they cannot transfer his late wife's bereavement payment to him. Michael McNeela was 21-years-old when he was shot dead on his second tour in South Lebanon in February 1989. His mother Kathleen was supplied with a bereavement payment following his death. Following Kathleen's death last year, her husband John reached out to have the payment transferred to his name. 'They sent me a letter saying that it wasn't transferable to me,' John told Justin McCarthy on RTÉ Radio today. 'I feel very let down, to be honest with you. The act that says this now is 80 years old, 1946, and it was never updated, because there's not many cases like mine come up, and that's why it was never brought out in the open.' In the Army Pensions Act 1946 , Part IV states that only the six people set out are entitled to be deemed a dependent of a deceased soldier: his mother, his grandmother, his grandfather, his permanently invalided brother, his permanently invalided and unmarried sister, and his father – if over 60 years of age or incapacitated by ill health. As John was neither over 60 nor in ill health when his son was killed, he is not entitled to the payment, despite his wife's death. Advertisement John, who is now 84-years-old, said that the payment would make the world of difference to him. 'It means I can run a car, and I need a car because I'm not very good at walking, and if I hadn't a car, I'd be a prisoner in my own home.' He appealed to the Tánaiste and Defence Minister Simon Harris to reexamine the current act to allow bereavement payments for relatives of Irish soldiers killed in active duty to be transferred. 'It's very rare, but Ireland will always be sending peacekeepers to maybe different countries, and the thing can happen like it happened, Michael, the way one or two might get killed, which I hope not,' John said. 'I am very hopeful [for change], and I would ask the Minister to do all he can. He's the only man that can change it.' Louth TD Ruairí Ó Murchú said that he has been engaging with the Tánaiste on John's behalf. 'They stated that there would be an engagement at General Secretary level, but in fairness, I think John McNeela has said it, made the most cogent point, which is the Act needs to be updated. 'Everyone would accept that we should be looking after those families of people, of soldiers who made the ultimate sacrifice, and a very small number of people. There may never be another case like this again,' Ó Murchú said. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
29-05-2025
- The Journal
Justice Minister to repeal State's counter-terrorism laws and replace Special Criminal Court
THE MINISTER FOR Justice is set to repeal the State's counter-terrorism laws and establish a new non-jury court to replace the Special Criminal Court. Jim O'Callaghan told Cabinet that he has accepted the recommendations made in a 2023 majority report following an independent review of the Offences Against the State Act. He said that while the Act has served the State well, 'an updated approach is now required to fit the modern security landscape'. The Department of Justice said that acceptance in principle of the recommendations 'follows consultation and a close examination of the reports from a policy, governance and legislative perspective'. The Special Criminal Court (SCC) is a three-judge criminal court, without a jury, that deals with terrorist and organised crime cases. The court has no jury in order to avoid any potential intimidation of its members. The court is enabled by the Offences Against the State Acts, the first of which was published in 1939, with subsequent amendments in 1972 and 1998, respectively. The counter-terrorism legislation was enacted to prosecute members of the IRA and declare any similar organisations unlawful. However, as it is emergency law, it must be renewed each year. More recently, the Special Criminal Court has been used to deal with the deadly rise in gangland crime and organised criminal enterprises. The legislation and its court have been criticised by Amnesty International, the United Nations and The Irish Council of Civil Liberties over the last number of decades. In 2023, an expert group recommended that the Special Criminal Court be replaced with a new court that has additional safeguards and transparency. While the majority report also called for the Offences Against the State Act to be 'repealed in its entirety', a minority review from the same expert group took a different view, saying that a permanent non-jury court would be 'constitutionally inappropriate'. 'Clear direction for reform' 'The Offences against the State Act has served the State well and fulfils a vital role in our criminal justice system. However, an updated approach is now required to fit the modern security landscape,' O'Callaghan said. Accepting the recommendations of the majority report sets a clear direction for reform. Advertisement O'Callaghan said proposals for reform must be 'thoroughly considered and approached with the utmost care'. 'This is to ensure we do not do anything to undermine the efforts of the authorities with responsibility for countering terrorism and organised crime.' He also emphasised the continued need for a non-jury court, which was recognised by a majority of the 2023 review group. 'Trial by jury is an important, though not unqualified, right under our Constitution,' he said. 'The Review Group proposal recognises, and it is clear to me as Minister for Justice, that a non-jury court remains necessary to try serious criminal offences in certain exceptional cases where the ordinary courts are inadequate'. O'Callaghan welcomed the Government's acceptance of the need to renew security-related legislative provisions while proposals for reform are developed. Act will be renewed for further year Despite the move towards reform, the Act will have to be renewed again next month for a further year. The Offences against the State (Amendment) Act 1998 made amendments to the initial acts, as well as creating new offences, while the Criminal Justice (Amendment) Act 2009 put a number of legislative measures in place to tackle organised crime. Both Acts provide that certain provisions shall cease to be in operation unless a resolution is passed by each House of the Oireachtas resolving that those provisions should continue. These provisions are due to expire on 29 June unless they are renewed. O'Callaghan said it is necessary to renew these legislative provisions while proposals to replace the Offences against the State Acts are being developed, adding that he intends to bring the required resolutions to the Oireachtas in the coming weeks. 'It is the Government's duty to ensure that those tasked with protecting us from this threat have at their disposal the appropriate measures to meet it,' he said. 'The provisions I am seeking to renew are necessary and required to support An Garda Síochána in investigating, disrupting and dismantling the activities of terrorists and criminal gangs.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
