Latest news with #CorkCircuitAppealsCourt
The Journal
15-07-2025
- Politics
- The Journal
Derek Blighe's appeal against public order conviction allowed after paying €500 to Irish Red Cross
ANTI-IMMIGRATION ACTIVIST Derek Blighe, who was convicted of a public order offence last year after he refused to make a donation to the Irish Refugee Council, has now been given the benefit of the Probation of the Offenders Act after the money was allocated to another charity. Blighe, of Croughevoe, Mitchelstown, Co Cork, was last year given the opportunity at Fermoy District Court to avail of the act by making a donation to the Irish Refugee Council. A conviction followed when he failed to donate the money. At a sitting of Cork Circuit Appeals Court in March of this year, his then-barrister Alan O'Dwyer said that it was 'purely a religious matter.' He said that his client's difficulty was with the position taken by the Irish Refugee Council on the repeal of the 8th amendment to the Irish Constitution in relation to abortion. Judge Helen Boyle told Mr Blighe that instead of paying €400 to the Irish Refugee Council, Blighe could pay €500 to Nasc. Nasc is an advocacy service which links migrants and refugees to their rights. Blighe indicated his willingness to make the contribution. However, Cork Circuit Appeals Court today heard that the money had not been paid to Nasc. When the case was first mentioned this morning, Blighe told Judge Boyle that his faith didn't permit him to donate the money to Nasc arising out of their stance on the unborn child. When the case came back before Judge Boyle this afternoon, she asked Blighe if he had the money in court. The 44-year-old said that he did and she directed that he hand over €500 to the sergeant. Advertisement Judge Boyle then directed that the funds be allocated to the Irish Red Cross. Blighe represented himself in court. Meanwhile, at a previous court sitting, Insp Jason Wallace said it was alleged that Blighe had engaged in threatening and abusive behaviour during an incident at Abbeyville House, Fermoy, on 22 December 2023. Witness Christopher Gomez said he was duty manager at Abbeyville when it was being prepared as accommodation for migrants and a protest by people opposing its use for this purpose had been taking place for several months outside. Gomez said he had ordered an oil delivery from a local company. When the delivery truck arrived at about 11am, he said Blighe approached the driver and spoke to him. He said Blighe then told him 'the driver's not going to give you oil' and the truck left. Gomez contacted the oil company and a second truck was dispatched. He opened the gates when it arrived and the driver began making the delivery. Blighe then began recording Gomez with his phone and the court was shown footage he uploaded to Facebook in which he castigated Gomez. In the video, Blighe can be heard telling Gomez: 'You are a guest in this country. Shame on you. You should be ashamed. You will go down in the history books, you will go down in the sewers of Irish history. Go back to where you came from.' Gomez said Blighe live-streamed the incident which 'really traumatised me'. He later downloaded the footage and provided it to gardaí when making a complaint. He said he had been an Irish citizen for 20 years and had 'never experienced anything like this before'. Garda Dane Murphy said he visited the protest at Abbeyville later that day and the atmosphere was 'borderline volatile'. He said Blighe made a cautioned statement regarding the incident on 9 January last, but replied 'no comment' to every question he was asked. Judge Roberts said he found the 'black and white' attitude towards immigration 'hard to understand' especially from an Irish perspective where generations of Irish people had emigrated and 'the vast majority of them illegally'.
Irish Independent
15-07-2025
- Politics
- Irish Independent
Anti-immigration campaigner Derek Blighe given Probation Act after €500 payment to Irish Red Cross
Derek Blighe (44) of Croughevoe, Mitchelstown, Co Cork had objected to making a donation, as part of the Probation Act process, to specific charities on religious grounds after citing his faith and issues surrounding abortion. He was afforded the opportunity at Fermoy District Court last year to avail of the Probation Act by making a donation to the Irish Refugee Council. A conviction followed when he failed to donate the money. At a sitting of Cork Circuit Appeals Court last March, defence counsel Alan O'Dwyer BL explained that it was 'purely a religious matter.' He said that his client's difficulty was with the position taken by the Irish Refugee Council on the repeal of the Eighth Amendment to the Irish constitution in relation to abortion. Judge Helen Boyle told Mr Blighe that instead of paying €400 to the Irish Refugee Council he could instead pay €500 to Nasc. Nasc is an advocacy service which links migrants and refugees to their rights. Mr Blighe indicated his willingness at the time to make the contribution. However, Cork Circuit Appeals Court heard that the money had not been paid to Nasc. When the case was first mentioned, Mr Blighe told Judge Boyle that his faith did not permit him to donate the money to Nasc arising out of their stance on the unborn child. When the case came back before Judge Boyle, she asked Mr Blighe if he had the stipulated amount in court. The 44 year old said that he did and she directed that he hand over €500 to Gardaí. Judge Boyle then directed that the funds be allocated to the Irish Red Cross. Mr Blighe represented himself in court. At a previous court sitting, Inspector Jason Wallace said it was alleged that Mr Blighe had engaged in threatening and abusive behaviour during an incident at Abbeyville House, Fermoy, on December 22, 2023. Witness Christopher Gomez said he was duty manager at Abbeyville when it was being prepared as accommodation for migrants and a protest by people opposing its use for this purpose had been taking place for several months outside. Mr Gomez said he had ordered an oil delivery from a local company. When the delivery truck arrived at about 11am, he said Blighe approached the driver and spoke to him. He said Blighe then told him 'the driver's not going to give you oil' and the truck left. Mr Gomez contacted the oil company and a second truck was dispatched. He opened the gates when it arrived and the driver began making the delivery. Mr Blighe then began recording Mr Gomez with his phone and the court was shown footage he uploaded to Facebook in which he castigated Mr Gomez. In the video, Blighe can be heard telling Mr Gomez: 'You are a guest in this country. Shame on you. You should be ashamed. You will go down in the history books, you will go down in the sewers of Irish history. Go back to where you came from.' Mr Gomez said Mr Blighe live-streamed the incident which 'really traumatised me'. He later downloaded the footage and provided it to Gardaí when making a complaint. He said he had been an Irish citizen for 20 years and had 'never experienced anything like this before'. Garda Dane Murphy said he visited the protest at Abbeyville later that day and the atmosphere was 'borderline volatile'. He said Mr Blighe made a statement regarding the incident on January 9 but replied 'no comment' to every question he was asked. Judge Roberts said he found the 'black and white' attitude towards immigration 'hard to understand'. He noted that, from an Irish perspective, generations of Irish people had emigrated and 'the vast majority of them illegally'.
Irish Examiner
09-07-2025
- Irish Examiner
Animal welfare inspector in tears as she told court of worst case of animal cruelty she had seen
An experienced animal welfare inspector was overcome with tears in court on Wednesday when she recounted one of the worst animal cruelty cases in her career, as the man responsible for the crime appealed against a jail term. Caroline Faherty, ISPCA animal welfare inspector, said she was so overcome by the stench from a shed where an emaciated German shepherd mother and pups were found with faeces matted into their coats that she had to step out several times to retch during her inspection. Collie pups in similar condition also had to be rescued from the cruel conditions. 'I still have nightmares of going into the shed,' Ms Faherty testified at Cork Circuit Appeals Court on Wednesday. Prosecution barrister Meg Burke said Vasyl Fedoryn, of Ballypierce, Charleville, Co Cork, was sentenced to three months in prison at Mallow District Court, fined €500 and ordered to pay almost €20,000 in costs, as well as being banned from keeping animals for any kind for the next 15 years. Paula McCarthy, barrister for the appellant, said Mr Fedoryn had pleaded guilty to the offences and was only appealing the custodial sentence, not any of the other penalties. Ms Faherty said collies and German shepherds were working dogs and needed to be exercised and socialised, but that in this case, not alone did they not get that, but they were left locked up in small sheds without regular food or water and became emaciated, infested with maggots, matted with faeces and, in some instances, unable to walk. Some of the dogs had to be "put to sleep", the inspector said. 'He was completely unrepentant, he did not think there was any issue. And he was going to do everything [such as building bigger sheds] but he never did anything,' Ms Faherty said. Ms McCarthy, for the defence, said Mr Fedoryn did get it now and was fully remorseful. She said he had no convictions and was otherwise leading a productive life. Judge Boyle said while considering the appeal over lunchbreak, she was remanding the appellant in custody until the afternoon. The judge said of the cruelty shown to these 13 dogs: 'They need love, care and attention. They got none of that when they were under his control.' Agreeing to allow the appeal against the custodial sentence, the judge imposed a suspended five-month sentence and a 240-hour community service order and let the financial penalties remain. Referring to Mr Fedoryn's remand in custody for a couple of hours on Wednesday, Judge Boyle said: 'You have spent some time in a prison cell. I felt I had to show you the inside of a prison cell because of what you did.' Evidence Previously at Mallow District Court, the evidence included descriptions of dogs in dark, filthy, rodent-infested pens. Two dogs looked like they had been trying to dig themselves out of their pen, which had no water. The 41-year-old did not understand how to properly keep animals and was working long hours away from home, trying to earn money for his family and to send back to loved ones in his native Ukraine, his solicitor Denis Linehan said. His actions had not been financially motivated and he had not been running a puppy farm, Mr Linehan said. He has been an Irish citizen since 2013, and pleaded guilty to nine of 14 offences, five of which were withdrawn. The charges were brought under the Animal Health and Welfare Act following an inspection on April 21, 2023. Although he had been ordered not to keep any animals when he was last in court, ISPCA inspector Caroline Faherty had visited the property on two occasions since and found multiple cats there, the court heard. Judge Colm Roberts fined him €500 on one charge. He sentenced him to one month in prison on the second charge; two months in prison on two charges; three months in prison on three charges; and five months in prison with two months suspended for one year on two charges. He was also disqualified from owning domestic or commercial animals for 15 years. 'If he is found to have one little cat or one little mouse", he'll be in breach of his bail conditions, Judge Roberts warned. He was also to pay veterinary and kennel costs of €16,450.30 to the Irish Society for the Prevention of Cruelty to Animals and €3,000 in the State's legal fees. Ms Faherty had to break padlocks to get into one shed. The smell was so putrid she repeatedly retched, and there was so much faeces and sewerage she had to change into oilskins and rubber boots to inspect it. 'I was horrified at the state of the poor dogs in there,' Ms Faherty said. I made the decision I had to seize the dogs and puppies as they were in danger. The dogs were all 'extremely nervous' and were very difficult to remove, she said. Hens were also being kept there with no bedding, and rats were clearly living in the sheds — having burrowed through piles of rubbish. Although food and bedding was on site, it had not been made accessible to the animals. Sewers and drains were overflowing with sewage and water, Ms Faherty said. One dog, who was lactating and therefore needed extra liquids, was so thirsty that when Ms Faherty gave her water she drank so much that the water had to be removed temporarily out of fear for the dog's welfare. Although one German shepherd and her pups were not in a terrible condition, juvenile dogs were emaciated, with no muscle mass. Feral young dogs could not walk across uneven ground because their limbs were so damaged, the court heard. Video showed dogs whimpering in filthy, dark conditions, surrounded by piles of excrement. More than €16,450 was spent trying to rehabilitate the animals, with care, intensive nutrition, physiotherapy, and major veterinary interventions. However, despite best efforts to save the dogs, four had to be euthanised. Three juvenile collies were so traumatised weeks after they were rescued they had to be put down because no one could get near them, Ms Faherty said. A young German shepherd's limbs were so deformed he had to be put down as he could not bear the weight when he grew.
Irish Examiner
06-06-2025
- Irish Examiner
Cork judge 'gobsmacked' at appeal by man convicted of attacking his ex in front of their children
A middle-aged man violently attacked his ex-partner in her bedroom as their two infant children tried struggled to protect her. Judge Sinead Behan said she was "gobsmacked" at Cork Circuit Appeals Court to hear that the man was hoping for a dismissal under the Probation of Offenders Act in his appeal of the five-month sentence imposed on him at the district court. After adjourning the case for further information on how matters had progressed since this occurred over two years ago, Judge Behan said that she would suspend the five-month jail term on condition that he would keep the peace for the next two years. He was also required to pay €500 compensation to his former partner for the assault. The judge warned him that if there was any further difficulty in the two-year period of the suspension then he would serve the five months in jail. Sergeant John Kelleher confirmed – after speaking to the victim of the case – that there had been no further assault since the violent incident occurred at around 11.30pm on March 18, 2023, when the woman's ex-partner entered her home and came into her bedroom. The sergeant described that incident: 'He started poking and punching her a number of times in the ribs. She briefly lost consciousness.' Her two infant children intervened and tried to protect their mother from this attack. 'They were trying to stop the assault,' the sergeant said. Eventually, she managed to break free from her ex-partner but he followed her down the stairs, pulled her by the hair to the floor and he then left the house. The injured party contacted her friend and ultimately the gardaí were alerted. Barrister Alan O'Dwyer appealed the case on behalf of the accused at Cork Circuit Appeals Court. 'It was very out of character for him. He and his former partner have a civil relationship now and they get on with each other. It is no excuse but he was drinking heavily on the night. "They are not living in the same house now. 'He has apologised to his former partner. He has apologised to his children,' Mr O'Dwyer said. Sgt Kelleher said the victim told him that she got a garbled text from her ex-partner the day after this occurred but she did not regard it as an apology. - If you are affected by any of the issues raised in this article, please click here for a list of support services.
