Latest news with #Circuit
Sunday World
12 hours ago
- Sunday World
GAA boss Davy Fitzgerald's son spared jail for stealing €35k from former employer
WALKS FREE | Court hears thefts were made to feed a 'serious' gambling addiction Colm Fitzgerald outside Ennis Circuit Criminal Court (Photo: Brendan Gleeson) Colm Fitzgerald, (28), of Castlequinn, Sixmilebridge, Co Clare, stole the money while employed to be in charge of cash at a cash counter, at Bank of Ireland, Shannon Industrial Estate, Shannon, Co Clare, on seven separate dates in 2023, the court heard. Fitzgerald, who immediately resigned after the thefts were discovered during an internal audit, told the bank and gardaí that he stole the cash to sustain a gambling addiction. Fitzgerald's barrister, Kenny Kerins, told Ennis Circuit Criminal Court that 'steeped in GAA' Fitzgerald had paid all of the money back with the support and assistance of his family. Mr Kerins said Fitzgerald was caught in a 'serious' grip of addiction to sports gambling and that he had 'expressed relief' when the thefts were discovered. Fitzgerald admitted stealing the cash in bundles of €5,000 on seven separate dates in 2023. Mr Kerins told the court: 'He was living a life of secrets, he has remorse, he has shame. This young man had everything going well in his life, he was engaged in sport, he had a job, and in seven actions, he absolutely destroys his career'. The barrister told the sentencing hearing last Friday that, prior to the discovery of the cash thefts, Fitzgerald's gambling had become so serious the well-known bookmaker chain Paddy Power banned him from betting with them. 'They were so concerned that they wrote to him and banned him from gambling with them… this was a serious addiction for Mr Fitzgerald,' Mr Kerins said. 'His life was completely out of control, so much so that he sees all this as a positive thing, he sees it as a disengagement from his addiction.' Colm Fitzgerald outside Ennis Circuit Criminal Court (Photo: Brendan Gleeson) News in 90 seconds - June 2nd Mr Kerins said when Bank of Ireland's auditors discovered €35,000 was missing, Fitzgerald prepared a document that would have concealed 'his deceit' but he 'cancelled it almost immediately'. 'He was about to further his criminal endeavour, but he stopped it. He went home and told his grandfather and close family, he knew the jig was up and he came forward, he met with bank officials and made admissions, he resigned and met with gardaí by appointment,' Mr Kerins said. 'That is to his credit, he faced up to it, he is a gentleman.' Mr Kerins said Fitzgerald was 'aware' thefts from his employer were 'unacceptable' but he said Fitzgerald had taken responsibility for his offending as well as measures not to return to gambling. 'He and his family are steeped in GAA, which was perhaps how he became involved in [sports] gambling. Mr Kerins said Fitzgerald had 'engaged with therapeutic services and had worked as a courier' to pay his family back the money they reimbursed to the bank. The barrister said Fitzgerald has, along with his partner, opened a coffee shop in Sixmilebridge, employing four people, and that Fitzgerald had 'taken careful steps' to limit his own 'access to the business's finances and cash, so there is oversight'. Colm Fitzgerald outside Ennis Circuit Criminal Court (Photo: Brendan Gleeson) Detective Garda Paddy Bourke, of Shannon garda station, told the court he believed Fitzgerald had done all he could to co-operate with the garda investigation as well as trying to tackle his addiction and that he hopes to 'to continue to do so'. CCTV footage located at cash counters had expired by the time the bank discovered the thefts and alerted gardaí, and so Fitzgerald's pleas were valuable to the prosecution, the court heard. Mr Kerins said Fitzgerald had 'no previous convictions', had engaged in a residential therapy programme run by the Bushypark Addiction Treatment Centre, and he continues to attend regular Gamblers Anonymous (GA) meetings. 'He's not seeking to blame anyone, he developed a low-level gambling addiction which snowballed and got out-of-control while he was working as an employee of the bank – the court is aware of the compulsive nature of gambling addiction,' Mr Kerins said. Prosecuting barrister Sarah-Jane Comerford said the prosecution 'accepted [Fitzgerald] was suffering from a gambling addiction at the time'. Judge Francis Comerford said Fitzgerald 'took bundles of cash from his employer each worth €5,000' and that he considered a two-year headline sentence to be appropriate. 'It was a significant breach of trust, it was a significant offence, and the aggravating factor is that it was theft by an employee from their employer'. Reducing the sentence to 12 months, the judge said: 'It wasn't a commercial calculated crime, so that tends to put it at a lower level, and it was discovered very quickly.' Judge Comerford suspended the jail term for 18 months, and directed Fitzgerald to continue engaging with gambling support services.
Irish Examiner
3 days ago
- Irish Examiner
Cork driver fleeing gardaí collided with car after going through stop sign
A motorist sped off from gardaí while going through a stop sign and crashed into another car. When he was eventually arrested weeks later he spat at the member of An Garda Síochána and pulled at his stab vest. Stephen McCarthy of Bay 10, Spring Lane halting site, Cork, pleaded guilty to multiple offences arising out of the driving, drug possession, and his violent resistance of the garda. Sergeant Gearóid Davis said: 'On July 7, Garda Eoghan O'Mahony observed a white Ford Focus driving erratically. 'Gardaí indicated for this vehicle to stop but it failed to do so. 'At the junction of Mount Eden Road and Cathedral Road, Gurranabraher it went through a stop sign at speed and collided with a Toyota Corolla on Cathedral Road. 'This collision happened in full view of Garda O'Mahony. Two males alighted from the Ford Focus and fled. Garda O'Mahony recognised the driver as Stephen McCarthy — who was known to him. 'Stephen McCarthy discarded a white box as he exited the vehicle. He fled and gardaí were unable to locate him on the night. The box contained Alprazolam tablets and a phone registered to the defendant. 'He was arrested on October 10 and taken to Gurranabraher garda station for questioning. It is alleged he threw a cigarette at gardaí and attempted to walk out a door of the station. He had to be restrained and he actively resisted and grabbed Garda O'Mahony by his stab vest, pulled him with force towards him, raising his hand in a clenched fist.' Arising out of that latter confrontation, Stephen McCarthy pleaded guilty to resisting or obstructing the garda. He admitted several offences out of the driving escapade, including dangerous driving, failing to remain at the scene of a collision, and being in possession of drugs. Judge Mary Dorgan imposed several sentences, the longest being six months and some were consecutive to each other at Cork District Court but they will not increase the sentence already being served by the same man which was imposed a month ago. He was sentenced to four and a half years in prison with the last year suspended at Cork Circuit Criminal Court after he addmitted a number of charges including that on Sunday, September 1 2024, at Murphy's Rock, Ballincollie Rd, Dublin Hill, Cork, he committed arson in that he damaged by fire property, namely doors, windows, blinds, and exterior and interior paint, intending damage or being reckless as to whether it would be damaged.
Irish Daily Mirror
5 days ago
- Irish Daily Mirror
Garda denies 22 counts of perverting course of justice on road traffic offences
When Gardai carried out checks of persons stopped for traffic violations on the Garda "PULSE" computer records system, they were satisfied these individuals had produced their insurance documents, however, in fact, they were not insured, a court heard. Evidence is continuing in the trial of a Limerick Garda who is accused of "sorting out" potential prosecutions for motorists who were stopped by Gardai and found without their driving licence or motor insurance details/certificates. Tom Flavin, (51), with an address in west Limerick, has pleaded not guilty to 22 counts of perverting the course of justice, contrary to Common Law. Mr Flavin's trial is being heard before judge Colin Daly and a jury of eight men and four women at Limerick Circuit Criminal Court. Several Garda prosecution witnesses called by the prosecution gave evidence of stopping vehicles in various parts of the country and requesting the motorist to produce their driving licence and insurance details. When the driver was not able to do this at the side of the road, they were given the opportunity to nominate a Garda station where they would produce their documents within 10 days. All the drivers, who were living in or near Rathkeale, nominated their local station. The Garda witnesses said that, later, where they checked PULSE, they believed documents had been produced. However, the court heard that some of the motorists were not insured, and they subsequently pleaded guilty and were convicted of driving without insurance. One of the Garda witnesses said they had checked with an insurance company about one of the motorists, and were informed the company did not have a policy for the driver. The Garda witnesses agreed under cross-examination by Mr Flavin's barrister, senior counsel Mark Nicholas with barrister Amy Nix, instructed by solicitor Dan O'Gorman, that, while they had satisfied themselves, from checking the PULSE system that documents had been produced, they did not actually know what had been produced at the garda station, nor did they know who had received the documents. Sergeant Martin Egan, Policy Enforcement Unit of Road Traffic Legislation, An Garda Siochana, told the court that Gardai, who receive motorists' documents following a traffic stop, are expected to enter the insurance and licence details into PULSE via the computer records "DLIP" Driving licence Insurance Production feature. Sergeant Egan agreed with senior prosecution counsel Fiona Murphy that the PULSE system "automatically" notes or records the identity of a Garda who enters information into PULSE. In her opening address to the jury last Tuesday, Ms Murphy, with Maddie Grant BL, instructed by solicitor Lisa O'Reilly, office of the Director of Public Prosecutions, said allegations of wrongdoing surfaced against Mr Flavin when he was serving out of Rathkeale Garda Station, in respect of a number of traffic stops on roads around the country, on dates between November 2016 and September 2018. "Information came to light concerning a Garda allegedly engaged in sorting out driving insurance detections for individuals - that Garda was Tom Flavin," Ms Murphy alleged. Mr Flavin is charged that, on the above dates, he did an act, namely to enter or cause to be entered, certain information on the Garda PULSE system, which had a tendency or was intended to pervert the course of justice in respect of the prosecution of named persons for the offence of driving without insurance. Ms Murphy said the prosecution's case was that Tom Flavin allegedly entered details into PULSE relating to persons' motor insurance certificates "which suggested they were in order, when they weren't". Ms Murphy said the jury would hear allegations that "alterations" were made to the information being input into the PULSE system, and that the prosecution would show that "Tom Flavin made these entries". Ms Murphy told the jury that when a Garda is logged into the PULSE system they automatically leave a "digital footprint". She said the prosecution would produce "CCTV and phone evidence which would corroborate" these allegations. Ms Murphy told the jury that Mr Flavin was entitled to the presumption of innocence unless the jury otherwise found that the allegations against him were proved "beyond a reasonable doubt". The prosecution barrister said the "burden of proof" lies with the prosecution, and that Mr Flavin does not have to prove anything. She said the jury were "not entitled to speculate" in the case, and they must only consider evidence heard in court when reaching a verdict. Judge Colin Daly issued a warning to the jury members "not to conduct your own investigations" into anyone involved in the trial; to avoid media coverage of the trial; and not to discuss the case with anyone outside of the jury. The trial is continuing at Limerick Circuit Criminal Court.
RTÉ News
7 days ago
- RTÉ News
Woman pleads guilty to child cruelty in connection to sexual abuse case
A 59-year-old woman has pleaded guilty to child cruelty in connection with sexual abuse, which was perpetrated by her partner on their daughter, over a 13-year period. She entered the plea to two breaches of the 1908 Children Act at Castlebar Circuit Criminal Court. The offences took place at a house in the west in 1995 and 2000. The victim's father is serving an 18-year jail sentence, after pleading guilty to charges including indecent assault, sexual assault and rape, on dates between 1988 and 2001, starting when she was just three years old. The court heard the abuse perpetrated "was prolific in its frequency" and took place in several rooms in the family home. The State argued that, based on the knowledge the accused had about the abuse, she had failed in her duty to protect her daughter. This meant the victim had been exposed to sexual abuse on an almost daily basis. The woman pleaded guilty to two counts of cruelty to a child, on a full facts basis, when the case came before Judge Sinéad McMullan today. Inspector Thomasina McHugh outlined a timeline of the abuse, telling the court that the victim believed her mother was aware of what was going on, when she was eight years old. She detailed how the victim remembered her mother returning home one evening, while her father was abusing her on a couch in the sitting room. Abuse became 'rougher', court told He was said to have been startled by the accused's unexpected arrival, which was followed by an argument. The court heard that the victim presented to hospital on several occasions between 1995 and 2000 and that the abuse became "rougher" as she grew older. Her parents were interviewed after a friend witnessed a sexual assault in September 1998 but no charges were brought. In early 2001, the victim told a neighbour that she was being abused by her father. On hearing this, her mother told her that if the complaint proceeded, the family would be broken up and her siblings would be taken into care. As a result, the victim withdrew her complaint. In her statement to gardaí, the victim outlined how she had attempted to tell her mother about the abuse. "She didn't believe me, when I was brave enough to say he was abusing me", she said. The abuser has been convicted of the sexual abuse of several other children. During the course of the investigations into the abuse perpetrated by the man, his wife refused to make a statement when requested by gardaí. When she was initially arrested in 2019, she denied that she was aware of the abuse but subsequently conceded she had been told of the crimes by the victim's friend and the neighbour. Judge McMullan acceded to a request by Des Dockery SC, for the accused, that legal aid be extended to cover a psychologist's report on his client. A probation and welfare report will also be completed. The woman has been remanded on continuing bail and will be sentenced at a later date.
Sunday World
25-05-2025
- Sunday World
‘I used to think Ireland was safe,' says US tourist (81) violently robbed in Kerry
Andrea Bartlett gave a lengthy victim impact statement during the sentencing hearing of Lithuanian man Tomas Starodubcevas Andrea Bartlett and her husband Bill celebrating their 54th wedding anniversary at Kitty O'Se's in Killarney, shortly before they were attacked on the way to their B&B. An American tourist, who came to Ireland on a long-planned trip to celebrate her 54th wedding anniversary, has revealed the extent of her injuries and the ordeal she suffered when she was thrown to the ground and robbed while in Kerry. Andrea Bartlett (81) gave a lengthy victim impact statement via video link from the US this week during the sentencing hearing of Lithuanian man Tomas Starodubcevas (24) who is charged with robbery arising out of the incident at Port Road, Killarney, on April 22, 2024. Judge Ronan Munro, sitting at Tralee Circuit Criminal Court, said he would like to commiserate with Ms Bartlett as her long-planned trip was 'ruined'. She told the court she would like to see the defendant, and the camera was adjusted to allow this. Judge Munro said he was sitting in the dock with his hand 'hanging in shame' as he should be. Ms Bartlett told the court she was 'viciously attacked" on Port Road. "He threw me to the ground on my left side causing a head injury, and ripped my purse off my right arm causing my humerus [upper right arm] to break in two. I heard the arm break before I hit the ground as it made a loud cracking sound like a branch snapping off a tree. It was so loud I imagine the thief heard it too.' She said the only question she has had in her mind since then, is 'how could one human being do this to another?'. She told the court the trip had originally been planned to celebrate the couple's 50th wedding anniversary, but had been postponed due to Covid. They had also hoped to look up family ancestors while in Ireland, including Sneem, Tahilla and Kenmare in Co Kerry. However, their trip had to be cut short after the ordeal. On the night of the incident, they had just eaten dinner at a local restaurant where they had a special celebration organised by the B&B owners to mark their anniversary. She said they were on their way home when the criminal 'brutally attacked'. Gardaí and the emergency services arrived at the scene and Ms Bartlett was transported to University Hospital Kerry. She said when she woke up the next morning, the pain was 'excruciating'. 'Every time I moved I could feel the bones scraping against each other,' she said. Andrea Bartlett and her husband Bill celebrating their 54th wedding anniversary at Kitty O'Se's in Killarney, shortly before they were attacked on the way to their B&B. News in 90 Seconds - May 25th 2025 She said such was the movement of the broken bones that it made her feel dizzy and nauseous, and that she also vomited periodically during the first day of her injury, which may have been a result of her head injury. Ms Bartlett flew home to the US on April 25, three days after the incident occurred, and has endured a 'long and painful recovery' since then. 'I spent two-and-a-half months sitting on my couch day and night. I could not lie down to sleep as it caused too much pain. If I didn't move, I could manage the pain.' Standing up, walking and travelling in a car also caused her pain. Her husband had to look after her all the time, and she also had to get home help as she could not do anything for herself. The head injury she suffered also caused difficulties, particularly with her balance, and this remains an issue making it difficult to walk. She is still undergoing physical therapy. Ms Bartlett said her injuries have left her with several side effects. My injuries have seriously impacted the quality of life for both my husband and me She said the attack meant she missed out on many things, including planning to see the towns in Kerry where her ancestors came from. 'My injuries have seriously impacted the quality of life for both my husband and me. We have not been able to visit with family and friends or socialise with them.' She said she can no longer undertake the activities she enjoyed like playing bridge, gardening and playing bocce. She has also suffered a significant financial loss as a result of her injuries. Ms Bartlett said she 'used to think Ireland was a safe place'. 'I am hoping this was an anomaly but, in the future, I plan to be more observant whether I am travelling in Ireland or the US.' Tomas Starodubcevas of Tudor Lodge, Woodlawn Road, Killarney, was charged with robbing Mrs Bartlett of €325 on April 22. Listowel District Court, where Starodubcevas was initially charged Barrister Katie O'Connell, representing Starodubcevas, said her client offered his most sincere apology to Ms Bartlett. "He is truly ashamed, it has haunted him,' she said. Ms O'Connell said the defendant had been taking drugs at the time. He owed money and was 'desperate'. 'It may be of little comfort, but it's important you know he is very sorry.' Ms Bartlett said she was very curious to know why he had done it. Judge Munro said one of the things he had to consider in sentencing is whether Starodubcevas would re-offend. The court heard he is currently in jail, after he arrived to court late the previous day, so he is no longer on the streets. He adjourned the case to July 8 for sentencing to allow a probation report to be carried out, and said Mr Starodubcevas will remain in jail while he is being assessed.
