Latest news with #CircuitCourt
Irish Times
4 hours ago
- Irish Times
Two men ordered to immediately halt alleged unauthorised works at ancient burial ground in Dublin
Two men have been ordered to immediately cease allegedly unauthorised earthworks at an ancient Christian burial ground in Dublin, where hundreds of human skeletal remains have been discovered. Seeking the injunction on Tuesday, Fingal County Council told the Circuit Court more human bones were unearthed at the Castleknock site last week, giving rise to a serious concern that irreparable harm has been caused to an officially recorded monument. Judge John O'Connor granted the local authority an order directing defendants Jonathan Coyle, of Colecott Cottages, Ballough, Lusk, Co Dublin, and Conor Noone, of Maynooth Park, Maynooth, Co Kildare, to cease all earthworks at the site at River Road. The council's barrister, Chris Hughes, told the court that site clearance works had been carried out by the defendants on a national monument where the remains of nearly 400 men, women and children had been professionally excavated by the National Museum in the late 1930s. READ MORE The excavation uncovered blue and white glass beads, a lignite ring, bronze pins, flint arrowheads and some iron objects. A silver coin of Edgar of England dating to AD 967 was also found, indicating the site was used in the 10th century. Only a third of the Christian cemetery may have been excavated. Liam Rooney, planning inspector with Fingal County Council, told the court via written evidence that he observed new excavation works, including the excavation of a metre-deep trench, most likely intended for drainage. Human remains were unearthed and removed by An Garda Síochána and given to the coroner's office to determine if they are ancient. Mr Hughes, instructed by Fingal in-house solicitor Karl Gormley, said no consents were provided for the new works and the council is extremely concerned the works have caused serious, irreparable and permanent damage to the monument. It was believed the defendants would carry out further damaging works unless they were restrained, he said. The council's application was made in the absence of the defendants. Mr Hughes said an early return date was needed so the defendants can provide the court with any information they wish to bring. Granting temporary orders sought, the judge said he would deal with the case again on Thursday.
Irish Times
5 days ago
- Irish Times
Data breach ‘distress' case does not need personal injuries board approval, Supreme Court rules
A man who claims he suffered from distress, upset and anxiety arising from a financial services company's disclosure of his personal data to a third party may bring a case for damages without Personal Injuries Assessment Board (PIAB) approval, the Supreme Court has ruled. The court's ruling clarifies that claims for damages for 'emotional disturbances' which fall short of a recognised psychiatric disorder are not 'personal injury' claims, as defined by the Personal Injuries Assessment Board Act 2003. Before his appeal to the Supreme Court, Patrick Dillon's case seeking damages against Irish Life Assurance plc arising from a data breach was dismissed by the Circuit Court and High Court. The breach complained of occurred when Irish Life erroneously shared letters containing Mr Dillion's personal and financial data with a third party. Both the Circuit Court and High Court ruled Mr Dillon's case sought damages for 'personal injury', and in circumstances where Mr Dillion did not obtain PIAB authorisation before bringing the proceedings, the case should be dismissed as being frivolous, vexatious or bound to fail. READ MORE Under the Personal Injuries Assessment Board Act 2003, a party proposing to bring a case seeking damages for 'personal injury' must obtain authorisation from the PIAB. Mr Dillon's appeal to the Supreme Court was rooted in the question of whether a claim for damages for distress, upset and anxiety falls under the definition of 'personal injury' in the Personal Injuries Assessment Board Act 2003. The Act defines personal injury as including 'any disease and any impairment of a person's physical or mental condition'. In a judgment on Thursday, Mr Justice Brian Murray, on behalf of a five-judge Supreme Court panel, ruled that claims for damages for 'emotional disturbances' like distress, upset, anxiety and inconvenience which fall short of a recognised psychiatric disorder – like Mr Dillon's – is not a personal injury claim, as defined by the Act. As such, the judge found the Circuit Court and High Court were wrong to dismiss Mr Dillon's case on the basis that he had not obtained PIAB authorisation. [ Woman who left scene after knocking down pedestrian who then died avoids jail Opens in new window ] The judge noted that Mr Dillon's case is for non-material damage under the Data Protection Act 2018. This Act allows for judicial remedy, including compensation, for infringement of a data subject's rights. Mr Justice Murray noted that those who bring claims solely for mental distress, anxiety and upset – which do not require PIAB authorisation – 'cannot expect anything other than very, very modest awards'. The judge said it would be possible for a plaintiff to bring a case alleging a breach of their rights under the Data Protection Act 2018 that gives rise to a medically recognised psychiatric injury. In those circumstances, PIAB authorisation would be required to bring the case.
Miami Herald
6 days ago
- Miami Herald
Barahona competent to stand trial for murder of daughter, torture of twin brother
Jorge Barahona, a Westchester electrician charged with unspeakable acts that resulted in the death of one adopted child and badly injured another, is competent to stand trial, a judge ruled Wednesday. The gruesome discoveries of the 10-year-old twins also roused state legislators and put the state's leading child welfare agency under withering criticism for improper oversight that led to a multimillion dollar settlement. Miami-Dade Circuit Court Judge Andrea Ricker Wolfson's decision came at the end of a two-day hearing in which forensic psychologists dueled over Barahona's competency and opined on his ability to help his defense team at trial. In the end, the judge determined Barahona, 58, met the criteria necessary to sit at a defense table across from jurors and fight for his life. Though the judge didn't set a trial date, she said she believes Barahona is capable of aiding his defense attorneys, and that he understands the charges and the severity of the penalties should he be found guilty. Then she told the defendant he's surrounded by one of the finest defense teams in the state. 'I truly encourage you to work with them,' Wolfson said. Wolfson found Barahona incompetent to stand trial in March 2024 and ordered him released from Miami-Dade jail and sent to the Treasure Coast Forensic Treatment Center to recover. Twice in the past six months evaluations there determined he was well enough to be competent at trial. Most experts who testified this week attributed that to a series of factors that included more constructive surroundings than jail. State prosecutors and defense attorneys will return to court for a status update on Sept. 19. A young girl burned to death with chemicals The shocking 2011 death of 10-year-old Nubia Barahona and the near death of her twin brother Victor shocked South Floridians, remained in the headlines for weeks and rocked the state's Department of Children & Families like few cases before it. Nubia's badly decomposed body was found by police wrapped in plastic and covered with chemicals in the back of Barahona's pick-up truck on the side of I-95 in West Palm Beach. Victor, who somehow survived, was in the truck's cab suffering seizures from chemical burns. Next to Victor in the driver's seat: Barahona, who also managed to burn himself with chemicals, police said. It wasn't long before an investigation of the family's Westchester home uncovered the numerous gruesome acts the Barahonas did to their adopted children, police said. They said Barahona and his wife Carmen Barahona, 74, beat and tortured the twins, tying them with electrical cord and shocking them in a bathtub with the door locked. A state legislator said the couple smeared feces into the twins' faces when they were upset with them. Both Barahonas were charged with first-degree murder, first-degree attempted murder and several counts of aggravated child neglect. Carmen flipped in 2020, agreeing to a life sentence in exchange for her testimony. Jorge, who will now stand trial, is facing the death penalty. The trial was delayed for more than a decade as hundreds of depositions were taken and as the state's child welfare agency dealt with the fallout. Victor, who was last known to be living with relatives in Texas, was awarded $3.75 million by Florida state legislators in 2017. Experts: Barahona understands ramifications The hearing concluded Wednesday with two final expert witnesses offering contrasting opinions on Jorge Barahona's ability to stand trial. 'If he's calm, he can help and understands,' forensic psychologist Dyra Bodan said before leaving the stand. Psychologist Sandra Klein, though, said Barahona seemed unable to move past delusions that included missing evidence and pictures that just don't exist. 'I've never found that Mr. Barahona did not have a level of difficulties,' she said. Finally, the attorneys closed, with lead defense attorney Khurrum Wahid telling Wolfson she needed to signal that Barahona be surrounded by an environment of mental health experts who could give him cognitive behavioral therapy and put him on specific medications to be functional— something that wouldn't happen in jail. 'We do it in probation orders. I'm not sure it would be completely outside the realm of the court's power,' said Wahid. Miami-Dade Assistant State Attorney Laura Adams had a different perspective. 'At the end of the day,' she said, 'this defendant's stubbornness does not render him incompetent.'
The Journal
6 days ago
- The Journal
Victim of alleged Dublin mugger got tetanus shot after accomplice 'dug' her fingernails into his arms
A MAN HAS been accused of punching a reveller in the back of the head before an accomplice 'dug' her fingernails into his arms, causing an infection, during a street mugging in Dublin. Robert Maguire, 35, was charged with robbery on Sycamore Street on 31 May last and refused bail by Judge Máire Conneely at Dublin District Court today. Garda Shane McConkey stated that at around 3.15am, the injured party was on his way home after socialising in the city centre. He turned onto Sycamore Street, in Dublin 2, when Maguire and a woman allegedly pursued him. The accused, who resided at a hostel on Merchant's Quay, Dublin 8, reportedly punched him in the back of the head, causing him to become disoriented. The pair then wrestled him into a doorway before another male became involved, and they threw him to the ground. The complainant dropped his iPhone 15. The second male robber picked it up as the female accomplice allegedly 'dug her nails into his forearm and attempted to pull his watch off of his wrist'. The garda who objected to bail stated that this caused the man extreme pain. 'He attempted to fight back but was overwhelmed when the third male returned and helped pin him to the ground.' It was alleged that the three suspects then rooted through his pockets. Advertisement The man shouted for help, and the trio fled when several members of the public approached. The court heard there was an unsuccessful bid to use his bank card, which had been in his phone case, in a shop at O'Connell Street. It was claimed the man suffered bruising to both his elbows, scrapes to his right forearm, and deep nail marks on his wrist and left bicep. He went to a doctor the following day and needed a tetanus shot due to the deep nail marks on his arms becoming infected. Judge Conneely was informed that the man had to take antibiotics for several days. He also missed work due to his injuries and psychological effects. CCTV footage was obtained. A decision awaits on whether the accused will be tried in the District Court or the Circuit Court, which has wider sentencing powers. Defence counsel Sam Friel argued that his client, who has yet to plead, was entitled to the presumption of innocence and could face a lengthy period of pre-trial detention. Garda McConkey agreed that the identification evidence did not come from the complainant but was based on the belief of gardaí that the accused was the person in the CCTV footage. However, he asserted that a jacket had been seized from the accused's hostel room, which matched the video evidence. Legal aid was granted. Earlier this month, a 34-year-old woman who allegedly dug her fingernails into the man's arms was refused bail after she too was charged with robbery.
Sunday World
6 days ago
- Sunday World
Co Donegal businessman admits sexually assaulting 15-year-old girl
The accused cannot be named at this stage of proceedings A Co Donegal businessman has pleaded guilty to sexually assaulting a 15-year-old girl. The man, who is in his 40s, appeared at Letterkenny Circuit Court. The accused, who cannot be named at this stage of proceedings, spoke only to plead guilty. He pleaded guilty to assaulting the girl by touching her on her breast and her vagina through her clothing. A second count was taken into consideration. The court was told the married businessman, who is also a father, employs a number of people in his business. He has no previous convictions. Letterkenny Circuit Court. Photo: North West News Pix News in 90 Seconds - July 23rd The court was told that the victim now resides outside of the country but was present in court for the brief arraignment. The charge is contrary to section 2 of the Criminal Law (Rape) (Amendment) Act, 1990. Ms Fiona Crawford BL, prosecutor for the State, said that the guilty plea to the count of sexual assault met the case on a full facts basis. Barrister for the accused man, Mr James McGowan SC, with Mr Peter Nolan BL, instructed by solicitor Mr Donough Cleary, said his client is a businessman with 'a number of employees'. The man's barrister requested a full Probation and Welfare Report on his client before final sentencing was passed. Judge Roderick Maguire granted the request and adjourned the case until October for sentencing. The victim, who was accompanied to court by a number of family members, was told she could attend the sentencing by videolink.
